Northern District of New York • 9:26-cv-01695
Merissaint v. Venturella
Completed
Case Information
Filed: September 08, 2026
Assigned to:
Elizabeth C. Coombe
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: October 02, 2026
Last Activity:
October 02, 2026
Parties:
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Docket Entries
#1
Sep 08, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 - receipt no: ANYNDC-7752200 ) filed by Jean Nickson Merissaint. (Attachments: # 1 Civil Cover Sheet)(nas ) (Entered: 09/08/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 08, 2026
ORDER: It is ORDERED that Respondents file a response to the Petition no later than Tuesday, September 15, 2026; and it is further ORDERED that Petitioner shall have the opportunity to file a reply by Friday, September 18, 2026; and it is further ORDERED that the Court will determine if a hearing on the Petition is necessary upon completion of the parties briefing, and it is further ORDERED that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved; and it is further ORDERED that the Clerk of Court shall serve copies of this Order and the Petition upon the United States Attorney for the Northern District of New York in accordance with the local rules. Signed by U.S. District Judge Elizabeth C. Coombe on 9/8/2026. (Attachments: # 1 Petition)(kmc) (Entered: 09/08/2026)
Main Document:
Order on Habeas Corpus Petition 28USC2241
#3
Sep 08, 2026
NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of All Defendants (Osborne, Alexis) (Entered: 09/08/2026)
Main Document:
NOTICE
#4
Sep 08, 2026
Letter Motion from Respondents Seeking Modification of Transfer Restriction for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella submitted to Judge Coombe . (Osborne, Alexis) (Entered: 09/08/2026)
Main Document:
Letter Request/Motion
#5
Sep 15, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit(s) A_ I 213 (11.2.22), # 2 Exhibit(s) B_Notice to Appear, # 3 Exhibit(s) C_I-94, # 4 Exhibit(s) D_Admin Closure Case (8.6.23), # 5 Exhibit(s) E_ Order Restoring Case to Active Calendar, # 6 Exhibit(s) F_Denial of Termination Request (1.16.25), # 7 Exhibit(s) G_I-213 (9.9.26), # 8 Exhibit(s) H_I-200)(Osborne, Alexis) (Entered: 09/15/2026)
Main Document:
RESPONSE
#6
Sep 16, 2026
REPLY to Response to Motion re 4 Letter Request/Motion requesting immediate released due to violation of due process filed by Jean Nickson Merissaint. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Manley, Kathy) (Entered: 09/16/2026)
Main Document:
REPLY
#7
Sep 30, 2026
MEMORANDUM-DECISION AND ORDER: It is ORDERED that Petitioner's request for habeas relief pursuant to 28 U.S.C. § 2241 is GRANTED, and it is further ORDERED that Petitioner be immediately released from immigration custody by October 1, 2026 at 5 p.m., and it is further ORDERED that Respondents file a status update confirming Petitioner's release by October 1, 2026 at 5 p.m., and it is further ORDERED that Respondents' request seeking modification of the transfer restriction, Dkt. No. 4, is DENIED as moot; and it is further ORDERED that Petitioners' request to award counsel fees and costs under the Equal Access to Justice Act (EAJA) is DENIED without prejudice as premature. Counsel for Petitioners may apply for EAJA fees within 30 days after the 60-day appeal period has expired, see Barbour v. Colvin, No. 12-cv-00548, 2013 WL 7206218, at *1 (E.D.N.Y. Aug. 1, 2013). Signed by U.S. District Judge Elizabeth C. Coombe on 9/30/2026. (kmc) (Entered: 09/30/2026)
#8
Oct 01, 2026
STATUS REPORT pursuant to the Court's September 30, 2026 Order [Dkt. No. 7] by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Osborne, Alexis) (Entered: 10/01/2026)
Main Document:
STATUS
#9
Oct 02, 2026
JUDGMENT entered dismissing the action in accordance with the Memorandum- Decision and Order dated September 30, 2026 of U.S. District Judge Elizabeth C. Coombe. (kmc) (Entered: 10/02/2026)
Main Document:
Judgment
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