Eastern District of New York • 1:26-cv-05321

#1

Aug 28, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20577671, filed by Joseph Carlos Lupercio. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, Online Detainee Locator) (Sangueza, Edith) (Entered: 08/28/2026)

#2

Aug 28, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/28/2026)

#3

Aug 28, 2026

Proposed Summons. by Joseph Carlos Lupercio (Sangueza, Edith) (Entered: 08/28/2026)

#4

Aug 28, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Petition"), IT IS HEREBY ORDERED that: (1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by August 28, 2026; (2) Petitioner shall file proof of service on the docket by August 28, 2026; (3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted and indicate where the Petitioner was detained as of the time of the filing of the Petition by September 2, 2026. See 28 U.S.C. § 2243; (4) The parties are further ORDERED to appear before this Court for a hearing on the Petition on September 3, 2026, at 10:30 AM in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by September 2, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs; (5) Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."). Ordered by Judge Orelia E. Merchant on 8/28/2026. (IVK) (Entered: 08/28/2026)

#5

Aug 28, 2026

MOTION for Extension of Time to Amend 1 Petition for Writ of Habeas Corpus, Requesting a Stay of Deadlines Pending Petitioner's Amended Petition by Joseph Carlos Lupercio. (Sangueza, Edith) (Entered: 08/28/2026)

#6

Aug 28, 2026

AFFIDAVIT of Service for Petition and Court Orders served on U.S. Attorney's Office for the EDNY; Markwayne Mullin; Kenneth Genalo; Todd Blanche; Raul Maldonado, Jr. on 08/28/2026, filed by Joseph Carlos Lupercio. (Sangueza, Edith) (Entered: 08/28/2026)

Aug 28, 2026

Order on Motion for Extension of Time to Amend

Aug 28, 2026

Quality Control Check - Summons

Aug 28, 2026

Case Assigned/Reassigned

Aug 28, 2026

ORDER: Petitioner's request for time to file an amended petition is granted in part and denied in part. Petitioner shall file an amended petition by September 1, 2026. Further, the schedule set in the Court's Order to Show Cause 4 for Respondents' return and the hearing is amended as follows: Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted and indicate where the Petitioner was detained as of the time of the filing of the Petition by September 4, 2026, see 28 U.S.C. § 2243, and the parties are further ORDERED to appear before this Court for a hearing on the Petition on September 9, 2026, at 11:00 AM, in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by September 4, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs. Petitioner shall cause a copy of this order and file proof of service on the docket by August 28, 2026. Ordered by Judge Orelia E. Merchant on 8/28/2026. (IVK)

Aug 28, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Aug 28, 2026

Case Assigned to Judge Orelia E. Merchant. 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)

#7

Aug 31, 2026

MOTION to Amend/Correct/Supplement 4 Order to Show Cause (463),,,,,, by Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr, Markwayne Mullin. (Soloveichik, Layaliza) (Entered: 08/31/2026)

#8

Aug 31, 2026

NOTICE of Appearance by Nhu-Y Ngo on behalf of Joseph Carlos Lupercio (aty to be noticed) (Ngo, Nhu-Y) (Entered: 08/31/2026)

#9

Aug 31, 2026

NOTICE of Appearance by Jessica Nicole Coffrin-St. Julien on behalf of Joseph Carlos Lupercio (aty to be noticed) (Coffrin-St. Julien, Jessica) (Entered: 08/31/2026)

#10

Aug 31, 2026

Summons Issued as to Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr, Markwayne Mullin, U.S. Attorney and U.S. Attorney General (MAA) (Entered: 09/01/2026)

#11

Sep 01, 2026

AMENDED COMPLAINT - First Amended Habeas Corpus Petition against Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr, Markwayne Mullin, filed by Joseph Carlos Lupercio. (Attachments: # 1 First Amended Petition Redlined, # 2 Exhibit ICE Detainee Locator, # 3 Exhibit ICE Transfer Notification, # 4 Exhibit Exhibit C Placeholder, # 5 Exhibit Notice to Appear, # 6 Exhibit BIA Appeal Filing Receipt, # 7 Exhibit Delcaration re: BIA Processing Times, # 8 Exhibit IJ Order Denying Bond) (Ngo, Nhu-Y) (Entered: 09/01/2026)

#12

Sep 01, 2026

MOTION for Leave to Electronically File Document under Seal by Joseph Carlos Lupercio. (Attachments: # 1 Exhibit Proposed Sealed Document) (Ngo, Nhu-Y) (Entered: 09/01/2026)

#13

Sep 02, 2026

NOTICE of Appearance by Kimberly Francis on behalf of Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr, Markwayne Mullin (aty to be noticed) (Francis, Kimberly) (Entered: 09/02/2026)

#14

Sep 02, 2026

ORDER granting 7 motion to amend the August 28, 2026, Order to Show Cause. An amended Order to Show Cause is attached. Ordered by Judge Orelia E. Merchant on 9/2/2026. (IVK) (Entered: 09/02/2026)

Sep 02, 2026

Order on Motion for Leave to Electronically File Document under Seal

Sep 02, 2026

ORDER: Petitioner's Motion for Leave to Electronically File Document under Seal 12 is granted. Ordered by Judge Orelia E. Merchant on 9/2/2026. (IVK)

#15

Sep 04, 2026

Response to Order to Show Cause