Eastern District of New York • 2:25-cv-06915

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Dec 16, 2025

PETITION for Writ of Habeas Corpus, filed by Martha C. Iza. (Attachments: # 1 Civil Cover Sheet) (SDM) (Entered: 12/16/2025)

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Dec 16, 2025

Filing Fee Received

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Dec 16, 2025

ORDER TO SHOW CAUSE. As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by December 19, 2025. Petitioner's Reply, if any, shall be filed by December 22, 2025. The parties are further ORDERED TO appear before this Court for a hearing on the petition on December 26, 2025 at 11:00 AM. The hearing will be held in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction").Additionally, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 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").The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York.Ordered by Judge Nusrat J. Choudhury on 12/16/2025. (MMC) (Entered: 12/16/2025)

Dec 16, 2025

Order(Other)

Dec 16, 2025

ORDER: By Wednesday, December 17 at 2:00 PM, Respondents must file a letter on the Court's docket confirming where Mr. Iza is presently being detained and confirming that he has not been transferred in violation of this Court's Order to Show Cause (ECF No. 3 ) and will not be transferred at any point prior to this Court's Show Cause hearing on December 26, 2025. Respondents must also address whether Mr. Iza has been or will be detained in 535 Federal Plaza, Central Islip, NY, and if so, the specific dates and times on which has been or will be detained in this facility. The Clerk of Court is directed to email this Order to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 12/16/2025. (MMC)

Dec 16, 2025

ORDER: The Clerk of Court is directed to email notice of the Court's Order at (ECF No. 3 ) regarding the Order to Show Cause briefing schedule and hearing to the Petitioner's next of friend, Martha C. Iza. Ordered by Judge Nusrat J. Choudhury on 12/16/2025. (MMC)

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Dec 17, 2025

Letter

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Dec 18, 2025

Notice of Appearance

Dec 18, 2025

Order(Other)

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Dec 19, 2025

Response to Order to Show Cause

Dec 20, 2025

Order(Other)

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Dec 22, 2025

Letter

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Dec 22, 2025

ORDER: For the reasons set forth in the attached Opinion and Temporary Restraining Order, the Court hereby grants Petitioner's Motion for a Temporary Restraining Order (ECF No. 1 .) As stated earlier in the Court's December 22, 2025 Electr onic Order, it is hereby ORDERED that ICE must immediately release Henry Paul Paza Iza from detention, effective immediately, and shall not redetain Mr. Iza under Section 1225(b)(2). Pursuant to Rule 65 of the Federal Rules of Civil Procedure, and this Order will remain in effect for the next fourteen (14) days, until January 5, 2026. The Clerk of Court is directed to email notice of this Order to the Petitioner's next friend, Martha C. Iza. Ordered by Judge Nusrat J. Choudhury on 12/22/2025. (MMC)

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Dec 22, 2025

Letter

Dec 22, 2025

Scheduling Order

Dec 22, 2025

Status Conference

Dec 22, 2025

Order(Other)

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Dec 23, 2025

Notice(Other)

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Dec 29, 2025

Transcript

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Dec 29, 2025

Transcript

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Dec 29, 2025

Letter

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Jan 05, 2026

ORDER: For the reasons set forth in the attached Opinion and Order, the Petition for a writ of habeas corpus (ECF No. 1 ) is GRANTED IN PART. In light of the Court's Temporary Restraining Order, which went into effect on December 22, 2025 (ECF No. 8 ), Mr. Iza has already been released from detention. (See ECF No. 9 .) Accordingly, pending the issuance of any final removal order against Mr. Iza, Respondents are enjoined from denying him bond in any subsequent proceeding on the bas is that he must be detained pursuant to 8 U.S.C. §1225(b), absent a change in relevant circumstances consistent with this Opinion and Order. At this time, the Court reserves ruling on the request for attorneys fees and costs set forth in the Petition. Mr. Iza may file an application for attorneys fees and costs incurred in pursuing this action by February 2, 2026. The Clerk of Court is directed to email notice of this Opinion and Order to Mr. Iza and his next friend, Martha C. Iza. Respondents must also confirm their provision of this Opinion and Order on Mr. Iza and Ms. Iza. Ordered by Judge Nusrat J. Choudhury on 1/5/2026. (MMC)

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Jan 22, 2026

Mail Returned

Feb 05, 2026

Order(Other)

Feb 05, 2026

ORDER: On January 5, 2026, the Court granted in-part the Petition for a Writ of Habeas Corpus and reserved ruling on Petitioner's request for attorney's fees and costs. (See ECF No. 14 .) The Court ordered that Petitioner may file an application for attorney's fees and costs incurred in pursuing this action by February 2, 2026. The deadline for making an application for attorney's fees has now passed without Petitioner filing an application. Accordingly, the Court hereby extends Petitioner's deadline for making an application for attorney's fees to April 3, 2026. Ordered by Judge Nusrat J. Choudhury on 2/5/2026. (MMC)