Eastern District of New York • 1:26-cv-05293

#1

Aug 27, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20574285, filed by F. D.J. I.C.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Proposed Summons, # 3 Exhibit A, Online Detainee Locator, # 4 Exhibit B, 2024 Administrative Warrant, # 5 Exhibit C, 2024 Custody Determination, # 6 Exhibit D, Order of Release on Recognizance, # 7 Exhibit E, Form I-213, # 8 Exhibit F, 2026 Custody Determination) (Sangueza, Edith) (Entered: 08/27/2026)

#2

Aug 27, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/27/2026)

#3

Aug 27, 2026

Summons Issued as to Judith Almodovar, Todd Blanche, Raul Maldonado, Jr, Markwayne Mullin, U.S. Attorney and U.S. Attorney General (SDM) (Entered: 08/27/2026)

#4

Aug 27, 2026

MOTION for Leave to File Document Motion for Leave to Proceed by Initials by F. D.J. I.C.. (Attachments: # 1 Memorandum in Support Memorandum of Law in support of Motion to Proceed by Initials, # 2 Proposed Order Proposed Order on Motion to Proceed by Initials) (Sangueza, Edith) (Entered: 08/27/2026)

Aug 27, 2026

Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (SDM)

Aug 27, 2026

Case Assigned to Judge Pamela K. Chen. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

Aug 27, 2026

Case Assigned/Reassigned

Aug 27, 2026

Notice of Related Case Assignment/Designation

#5

Aug 28, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner F.D.J.I.C.'s 1 Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, it is hereby ordered that: 1. Respondents shall, by 6:00 p.m. on Friday, September 4, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish Petitioner's case from the vast majority of district court cases that have disagreed with Respondents' contention. See Barco Mercado v. Francis, 811 F. Supp. 3d 487, at 494, 506 (S.D.N.Y. Nov. 26, 2025) (collecting cases). Their response must also address the points listed in the attached Order. 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District or the Southern District of New York absent further order of this Court. See Samb v. Joyce, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Finally, the Court grants Petitioner's 4 motion to proceed pseudonymously for the reasons stated in the attached Order. Ordered by Judge Pamela K. Chen on 8/28/2026. (ABB) (Entered: 08/28/2026)

#6

Sep 03, 2026

Notice of Appearance

#7

Sep 03, 2026

Notice of Appearance

#8

Sep 04, 2026

Response to Order to Show Cause

#9

Sep 05, 2026

MEMORANDUM AND ORDER: For the reasons stated in the attached Memorandum and Order, the 1 Petition for Writ of Habeas Corpus is GRANTED. Respondents are directed to release Petitioner from custody immediately and no later than by Sunday, Septe mber 6, 2026, at noon. Respondents shall release Petitioner subject to the conditions at which he was at liberty before he was detained, without any additional constraints on his liberty, including, but not limited to, electronic or GPS monit oring. Respondents must release Petitioner with all of his belongings that are in Respondents' possession, including but not limited to identification cards, clothing, and money. Respondents are directed to certify compliance with the Cour t's Order by filing a letter on the docket no later than 6:00 p.m. on September 8, 2026. Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditio ns in conjunction with release (including release on recognizance or similar instruments) without prior notice to and authorization from the Court. Respondents shall not re-detain Petitioner without first moving before this Court to demonstrate compl iance with all applicable regulatory, statutory, and constitutional requirements necessary to arrest and detain Petitioner. Should Respondents seek to re-detain Petitioner, they are directed to file a motion with the Court that justifies lawful deten tion. The Court retains jurisdiction to review any subsequent arrest or detention of Petitioner by Respondents to ensure compliance with this Memorandum and Order. Should Petitioner seek an award of reasonable fees and costs pursuant to the Equal Acc ess to Justice Act, he may do so by filing a letter application on the docket within 30 days of a final judgment in this action. 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Pamela K. Chen on 9/5/2026. (JEC)

#10

Sep 05, 2026

Notice of Appearance

#11

Sep 08, 2026

CLERK'S JUDGMENT: that the petition for a writ of habeas corpus is granted; Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conjunction with release (including release on recognizance or similar instruments) without prior notice to and authorization from the Court; Respondents shall not re-detain Petitioner without first moving before this Court to demonstrate compliance with all applicable regulatory, statutory, and constitutional requirements necessary to arrest and detain Petitioner; that should Respondents seek to re-detain Petitioner, they are directed to file a motion with the Court that justifies lawful detention; and the Court retains jurisdiction to review any subsequent arrest or detention of Petitioner by Respondents to ensure compliance with this Memorandum and Order. Signed by Judge Pamela K. Chen, and Clerk of Court, Brenna B. Mahoney, on 9/8/2026. (JP) (Entered: 09/08/2026)

#12

Sep 08, 2026

Letter re: the Court's September 5, 2026 Order by Judith Almodovar, Todd Blanche, Raul Maldonado, Jr, Markwayne Mullin (Shi, Nathan) (Entered: 09/08/2026)

#13

Sep 09, 2026

AMENDED MEMORANDUM AND OPINION: The Court is in receipt of Respondents' 12 letter seeking clarification of the Court's 9 Memorandum & Order. Respondents may not administratively recharacterize the release granted by this Order as groun ds to impose new conditions or revoke existing conditions (including release on recognizance or similar instruments) without prior notice to and authorization from the Court. The Court issues the attached Amended Memorandum & Order, clarifying that instruction. Ordered by Judge Pamela K. Chen on 9/9/2026. (ABB)