Eastern District of New York • 1:25-cv-06882

#1

Dec 15, 2025

Petition for Writ of Habeas Corpus

#2

Dec 15, 2025

Emergency MOTION for Order to Show Cause in Support of Petition for Habeas Corpus Seeking Immediate Release by Fernando Adalberto Galeas Miranda. (Attachments: # 1 Affidavit aff iso OTSC, # 2 proposed order OTSC) (Marritz, Amelia) (Entered: 12/15/2025)

#3

Dec 15, 2025

Quality Control Check - Attorney Case Opening

#4

Dec 15, 2025

Leave to File Document

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Dec 15, 2025

ORDER TO SHOW CAUSE: Upon review of Petitioner's Emergency Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), and Emergency Application for Order to Show Cause, (Dkt. 2), it is hereby ordered that: (1) Respondents shall, by 5:00 p.m. on December 18, 2025, 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; (2) Petitioner shall file any reply by 5:00 p.m. on December 19, 2025; (3) The parties are ordered to appear before this Court for a hearing on the petition on December 22, 2025, at 12:00 p.m., in Courtroom 4F North before Judge Pamela K. Chen, and, due to Petitioner's detention at the Metropolitan Detention Center, Respondents are ordered to ensure Petitioner's appearance; and (4) 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). 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 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); 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"). Ordered by Judge Pamela K. Chen on 12/15/2025. (JEC) (Entered: 12/15/2025)

Dec 15, 2025

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. (KD)

Dec 15, 2025

Case Assigned/Reassigned

#6

Dec 16, 2025

Notice of Appearance

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Dec 16, 2025

Certificate of Service

#8

Dec 16, 2025

Notice of Appearance

#9

Dec 17, 2025

Extension of Time to File Document

Dec 18, 2025

Order on Motion for Extension of Time to File

Dec 18, 2025

ORDER: The Court grants in part Respondents' 9 Motion for Extension of Time to File and modifies the schedule as follows: (1) Respondents shall, by 11:59 p.m. on December 20, 2025, 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; (2) Petitioner shall file any reply by 11:59 p.m. on December 22, 2025; (3) The parties are ordered to appear before this Court for a hearing on the petition on December 23, 2025, at 2:00 p.m., in Courtroom 4F North before Judge Pamela K. Chen. All other terms of the Court's 5 Order to Show Cause remain in effect. Ordered by Judge Pamela K. Chen on 12/18/2025. (JEC)

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Dec 20, 2025

Reply in Opposition

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Dec 21, 2025

Reply in Support

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Dec 21, 2025

Notice of Appearance

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Dec 22, 2025

Letter

Dec 22, 2025

1 - Terminate Hearings AND Order(Other)

Dec 22, 2025

ORDER: In light of Respondents' letter opposition, (Dkt. 10), and Petitioner's reply, (Dkt. 11), the Court cancels the hearing currently scheduled for tomorrow, December 23, 2025, as unnecessary. As both parties acknowledge, the Court's oral ruling in the case R.A.R.R. v. Almodovar et al., No. 25-CV-6597 (PKC) (E.D.N.Y. Dec. 19, 2025), "would control the result in this case if the Court adheres to that ruling." (Resp't's Opp'n, Dkt. 10, at 4; see also Pet'r's Reply, Dkt. 11, at 1–2.) The Court adheres to its ruling in that case. Therefore, for the reasons stated on the record in that case and as will be more fully explained in a written Memorandum & Order to follow, the Court grants the 1 Petition for Writ of Habeas Corpus. Respondents are directed to release Petitioner from custody immediately and no later than within 24 hours of this Order. Respondents are further directed to return to Petitioner any and all funds or property seized from Petitioner at the time of his arrest. Respondents are directed to certify compliance with the Court's Order by filing a letter on the docket no later than 6:00 p.m. tomorrow, December 23, 2025. The Court further orders that Petitioner must not be re-detained by Respondents without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, at which Respondents will have the burden of showing that Petitioner's re-detention is authorized under 8 U.S.C. § 1226(a). The deadline for Petitioner to apply for an award of reasonable fees and costs pursuant to the Equal Access to Justice Act is January 26, 2026. Ordered by Judge Pamela K. Chen on 12/22/2025. (JEC)

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Dec 23, 2025

Letter

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Dec 26, 2025

Status Report

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Dec 29, 2025

Letter

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Jan 05, 2026

MEMORANDUM & ORDER: For the reasons stated in the attached Memorandum & Order, the Court grants the 1 Petition for Writ of Habeas Corpus. (See also 12/22/2025 Dkt. Order (granting Petition and stating that a written Memorandum & Order would follow).) The Clerk of Court is respectfully directed to enter judgment consistent with this Memorandum & Order and close this case. Ordered by Judge Pamela K. Chen on 1/5/2026. (JEC)

#18

Jan 09, 2026

Judgment - Clerk