Southern District of New York • 1:26-cv-07604

T.M.B.A. v. Kennedy, Jr.

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Case Information

Filed: September 04, 2026
Assigned to: Andrew Lamar Carter Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: September 10, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 04, 2026
FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33392115) Request for emergency relief to be separately filed..Document filed by T.M.B.A.. (Attachments: # 1 Exhibit A, Young Center Best Interests Determination, # 2 Exhibit B, OTIP Eligibility letter, # 3 Exhibit C, Superseding NTA, # 4 Exhibit D, EOIR Notice of Hearing for Sept. 8 2026, # 5 Exhibit E, Demand Letter to Respondent Salazar, # 6 Exhibit F, Order (Dkt. 172), Cmty. Legal Servs. in East Palo Alto v. U.S. Dept of Health & Hum. Servs., No. 25-cv-02847 (N.D. Cal. Aug. 6, 2026), # 7 Exhibit G, U.S. Dep't of State, Trafficking in Persons Report for Ecuador (July 2024), # 8 Exhibit H, HHS Off. of Inspector Gen., Challenges Addressing Mental Health Needs of Children in HHS Custody (Sept. 2019), # 9 Exhibit I, Loyola Univ. Chicago, Kids in Care Unaccompanied Children in Federal Government Custody (Sept. 2024), # 10 Exhibit J, Am. Acad. of Pediatrics, Detention of Immigrant Children (Apr. 2017), # 11 Exhibit K, Sherif et al., Immigration Detention of Children (2025), # 12 Exhibit L, Mares, Mental Health Consequences of Detaining Children (2021)).(Johnson, Matthew) Modified on 9/4/2026 (jgo). (Entered: 09/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 04, 2026
CIVIL COVER SHEET filed..(Johnson, Matthew) (Entered: 09/04/2026)
Main Document: Civil Cover Sheet
#3
Sep 04, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33392549) Request for emergency relief to be separately filed..Document filed by T.M.B.A.. (Attachments: # 1 Exhibit A, Young Center Best Interests Determination, # 2 Exhibit B, OTIP Eligibility Letter, # 3 Exhibit C, Superseding Notice to Appear, # 4 Exhibit D, EOIR Notice of Hearing for Sept. 8 2026, # 5 Exhibit E, Demand Letter to Respondent Salazar, # 6 Exhibit F, Order (Dkt. 172), Cmty. Legal Servs. in East Palo Alto v. U.S. Dept of Health & Hum. Servs., No. 25-cv-02847 (N.D. Cal. Aug. 6, 2026), # 7 Exhibit G, U.S. Dep't of State, Trafficking in Persons Report for Ecuador (July 2024), # 8 Exhibit H, HHS Off. of Inspector Gen., Challenges Addressing Mental Health Needs of Children in HHS Custody (Sept. 2019), # 9 Exhibit I, Loyola Univ. Chicago, Kids in Care Unaccompanied Children in Federal Government Custody (Sept. 2024), # 10 Exhibit J, Am. Acad. of Pediatrics, Detention of Immigrant Children (Apr. 2017), # 11 Exhibit K, Sherif et al., Immigration Detention of Children (2025), # 12 Exhibit L, Mares, Mental Health Consequences of Detaining Children (2021)).(Johnson, Matthew) (Entered: 09/04/2026)
Main Document: Petition for Writ of Habeas Corpus
#4
Sep 04, 2026
DECLARATION of Lauren Fouda, Petitioner's next friend, in support of re: 3 Petition for Writ of Habeas Corpus,,,, . Document filed by T.M.B.A...(Johnson, Matthew) (Entered: 09/04/2026)
Main Document: Declaration (non-motion)
#5
Sep 04, 2026
DECLARATION of Robert Sanderman in support of re: 3 Petition for Writ of Habeas Corpus,,,, . Document filed by T.M.B.A...(Johnson, Matthew) (Entered: 09/04/2026)
Main Document: Declaration (non-motion)
#6
Sep 04, 2026
DECLARATION of S.M.A.C., Petitioner's mother, in support of re: 3 Petition for Writ of Habeas Corpus,,,, . Document filed by T.M.B.A...(Johnson, Matthew) (Entered: 09/04/2026)
Main Document: Declaration (non-motion)
#7
Sep 04, 2026
EMERGENCY MOTION for Order to Show Cause with Temporary Restraints. Document filed by T.M.B.A.. (Attachments: # 1 Proposed Order to Show Cause).(Johnson, Matthew) (Entered: 09/04/2026)
Main Document: Show Cause
#8
Sep 04, 2026
ORDER: The Government is ORDERED to answer the Petition by September 9, 2026. Any Reply from Petitioner is due by September 10, 2026. The Court schedules a telephonic hearing September 11, 2026 at 3 pm. The Parties should contact the Court at 1-855- 244-8681 (access code: 2305 3700 226#). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED. Alex J. Adams answer due on 9/9/2026; Justine Christakos answer due on 9/9/2026; Dawnisha Helland answer due on 9/9/2026; Robert F. Kennedy, Jr. answer due on 9/9/2026; Markwayne Mullin answer due on 9/9/2026; Angie Salazar answer due on 9/9/2026., Alex J. Adams answer due 9/9/2026; Justine Christakos answer due 9/9/2026; Dawnisha Helland answer due 9/9/2026; Robert F. Kennedy, Jr. answer due 9/9/2026; Markwayne Mullin answer due 9/9/2026; Angie Salazar answer due 9/9/2026.( Replies due by 9/10/2026., Telephone Conference set for 9/11/2026 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 9/4/2026) (jca) (Entered: 09/04/2026)
Main Document: Order to Answer, 28 U.S.C. 2241 AND ~Util - Set Deadlines/Hearings
Sep 04, 2026
Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
Sep 04, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Anthony Johnson to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the pleading was not signed by an ECF filing attorney of record. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
Sep 04, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Sep 04, 2026
Case Designated ECF. (jgo)
Sep 04, 2026
Notice to Attorney Regarding Deficient Pleading
Sep 04, 2026
Case Opening Initial Assignment Notice
#9
Sep 08, 2026
NOTICE OF APPEARANCE by Erica Silverman on behalf of Alex J. Adams, Justine Christakos, Dawnisha Helland, Robert F. Kennedy, Jr., Markwayne Mullin, Angie Salazar..(Silverman, Erica) (Entered: 09/08/2026)
Main Document: Notice of Appearance
#10
Sep 08, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Erica Silverman dated September 8, 2026 re: Extension Request. Document filed by Alex J. Adams, Justine Christakos, Dawnisha Helland, Robert F. Kennedy, Jr., Markwayne Mullin, Angie Salazar..(Silverman, Erica) (Entered: 09/08/2026)
Main Document: Letter
#11
Sep 09, 2026
ORDER re: 10 Letter, filed by Markwayne Mullin, Angie Salazar, Dawnisha Helland, Robert F. Kennedy, Jr., Alex J. Adams, Justine Christakos. By end of day on September 9, 2026, Petitioner is ordered to respond to the Government's September 8, 2026 letter requesting an extension to answer. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/9/2026) (ar) (Entered: 09/09/2026)
Main Document: Order
#12
Sep 09, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Erica Silverman dated September 9, 2026 re: Joint Letter. Document filed by Alex J. Adams, Justine Christakos, Dawnisha Helland, Robert F. Kennedy, Jr., Markwayne Mullin, Angie Salazar..(Silverman, Erica) (Entered: 09/09/2026)
Main Document: Letter
#13
Sep 10, 2026
MEMO ENDORSEMENT on re: 12 Letter, filed by Markwayne Mullin, Angie Salazar, Dawnisha Helland, Robert F. Kennedy, Jr., Alex J. Adams, Justine Christakos. ENDORSEMENT: The telephonic conference scheduled for 9/11/26 is cancelled. (Signed by Judge Andrew L. Carter, Jr on 9/10/2026) (Responses due by 9/25/2026, Replies due by 10/13/2026.) (ar) (Entered: 09/10/2026)
Main Document: Memo Endorsement AND ~Util - Set Deadlines/Hearings