Eastern District of New York • 2:25-cv-06905

#1

Dec 12, 2025

FILING ERROR DEFICIENT PLEADING - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32129032)Document filed by Manuel Armando TENEZACA PUCHA..(Musa-Obregon, S. Michael) Modified on 12/12/2025 (jgo). [Transferred from New York Southern on 12/16/2025.] (Entered: 12/12/2025)

#2

Dec 12, 2025

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Musa-Obregon, S. Michael) Modified on 12/12/2025 (jgo). [Transferred from New York Southern on 12/16/2025.] (Entered: 12/12/2025)

#3

Dec 12, 2025

EMERGENCY MOTION for Temporary Restraining Order EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE. Document filed by Manuel Armando TENEZACA PUCHA. Return Date set for 12/15/2025 at 09:00 AM. (Attachments: # 1 Proposed Order Emergency TRO Proposed Order).(Musa-Obregon, S. Michael) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)[Transferred from New York Southern on 12/16/2025.] Modified on 12/22/2025 (EM). (Entered: 12/12/2025)

#4

Dec 12, 2025

ORDER: IT IS HEREBY ORDERED that this case is TRANSFERRED to the United States District Court for the Eastern District of New York. The seven-day waiting period for transfer set forth in Local Civil Rule 83.1 is WAIVED; the Clerk of the Court is respectfully directed to effectuate the transfer immediately. SO ORDERED (Signed by Judge Valerie E. Caproni on 12/12/2025) (ks) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

Magistrate Judge Henry J. Ricardo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may 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) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

***DELETED DOCUMENT. Deleted document number 5 ORDER. The document was incorrectly filed in this case. (ks) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

Emergency MOTION for Temporary Restraining Order EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, see document # 3 . (DC)

Dec 12, 2025

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(ks) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney S. Michael Musa-Obregon. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1651; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:2241; the County code has been modified to New York;. Corrections were updated as per the Civil Cover Sheet. (jgo) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney S. Michael Musa-Obregon. The party information for the following party/parties has been modified: Manuel Armando TENEZACA PUCHA; Kenneth Genalo; Todd Lyons; Kristi Noem; Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (jgo) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney S. Michael Musa-Obregon to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated December 4, 2024;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 4, 2024. The S.D.N.Y. Civil Cover Sheet dated December 4, 2024 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney S. Michael Musa-Obregon to RE-FILE Document No. 1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; wrong filing Court name reflected on the PDF. 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 12/17/2025. (jgo) [Transferred from New York Southern on 12/16/2025.]

Dec 12, 2025

Case Designated ECF. (jgo) [Transferred from New York Southern on 12/16/2025.]

#5

Dec 16, 2025

Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)

#6

Dec 16, 2025

Letter

#7

Dec 16, 2025

Letter

#8

Dec 16, 2025

Letter

#9

Dec 16, 2025

Notice of Appearance

Dec 16, 2025

ORDER: The Petitioner's request to convert the in-person status conference to a virtual proceeding is granted. The parties shall join the Zoom video call https://nyed.zoomgov.com/j/1609399431?pwd=ibclySe1ScDy1etNzFp5eZCzXZKPGa.1 five (5) minutes prior to the start of the conference. The meeting id and passcode are as follows: Meeting ID:160 939 9431; and Passcode:885997. Persons granted remote access to proceedings are reminded that photographing, recording, or rebroadcasting of any Court proceeding or communication with the Court is prohibited. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (EM)

Dec 16, 2025

Status Conference AND ~Util - Set Deadlines/Hearings

Dec 16, 2025

Order(Other)

Dec 16, 2025

~Util - Set Hearings

Dec 16, 2025

Temporary Restraining Order

Dec 16, 2025

MINUTE ENTRY AND ORDER: An in-person status conference was held on 12/16/2025 before Judge Sanket J. Bulsara. Counsel for Petitioner (S. Michael Musa-Obregon) appeared virtually and counsel for Respondents (Diane C. Leonardo) was present. The Court will hold an in-person bail hearing on 12/17/2025 at 4:00PM in Courtroom 930 in the Central Islip Courthouse. Counsel must appear in person. As previously directed, Respondents must produce Petitioner in person for the hearing. Respondents are directed to file their opposition to the petition by 12:00PM on 12/17/2025, and Petitioner is directed to file a reply by 3:00PM on 12/17/2025. As stated on the record, Respondents are further directed to provide a written response by 12:00PM on 12/17/2025 that must: 1. Provide a timeline detailing Petitioner's movements in and out of the Central Islip Courthouse since his detention. 2. If Petitioner was detained in the Central Islip Courthouse, state whether Petitioner and other detainees were: a. Not provided with clean clothing, toothbrushes and soap or access to showers, soap, beds, cots or bedding. b. Required to sleep on the floor in a room where the lights remained on 24 hours per day. State whether the room was consistently heated during Petitioner's detention. c. Afforded only a single phone call and had no provision for attorney visits. State whether phone calls could be made privately; and d. Provided only two meals per day. 3. Provide a description (including dimensions and capacity) and photographs of the hold room where Petitioner was detained, and state whether such rooms have toilets, sinks and/or bunks. 4. State whether medical care was or could have been provided to Petitioner at the Central Islip Holding Room, and whether he and other detainees were provided access to prescriptions and other medications. Respondents are also directed to provide any documentation relating to the following by 12:00PM on 12/17/2025: 1. Any "Notice to Appear" related to a removal process related to the Petitioner; 2. Any arrest warrant (I-200) issued for the Petitioner; 3. Any individualized custody determination relating to Petitioner made by an ICE officer prior to or contemporaneously with his arrest; and 4. Any "Notice of Custody Determination" prepared by DHS. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (Court Reporter Paul Lombardi.) (LMR)

Dec 16, 2025

ORDER: Respondents are directed to produce Petitioner for an in-person hearing on 12/17/2025 at 4:00PM in Courtroom 930 in the Central Islip Courthouse. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (LMR)

Dec 16, 2025

ORDER: Representatives for the Respondents, from the USAO, must appear at the conference scheduled at 4:30PM, in person, in Courtroom 930. The zoom invitation is only for Petitioner's counsel. Should Petitioner's wife wish to use the zoom link, she may do so, but she must be on video and audio mute at all times. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (LMR)

Dec 16, 2025

ORDER: Petitioner's counsel has called the Court again, in violation of the Court's prior order. He is now subject to sanctions—any future phone calls will require a fine payable to the Clerk of Court. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (LMR)

Dec 16, 2025

ORDER: Petitioner's counsel has made repeated calls to chambers. Such calls are prohibited and counsel should cease making such calls. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (EM)

Dec 16, 2025

ORDER: The Court will hold a status conference on December 16, 2025 at 4:30 PM in Courtroom 930 in the Central Islip Courthouse. So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (LMR)

Dec 16, 2025

ORDER: 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") (quotations and citation omitted); Garcia-Izquierdo v. Gartner, No. 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). And in addition, 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 or the Southern District of New York, absent further order of this Court. See Ozturk v. Trump, 779 F. Supp. 3d 462, 496 (D. Vt. 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). So Ordered by Judge Sanket J. Bulsara on 12/16/2025. (LMR)

#10

Dec 17, 2025

Letter

#11

Dec 17, 2025

Letter

Dec 17, 2025

Order(Other)

Dec 17, 2025

ORDER: The writ 1 is granted for the reasons stated on the record. Respondents are enjoined from detaining or removing Petitioner absent further direction from this Court. Respondents are directed to immediately release Petitioner. The Court reserves decision on what sanctions are appropriate in light of Respondents' noncompliance with the Court's December 16, 2025 Order. Respondents are directed to file on the docket copies of the papers distributed during the hearing today. So Ordered by Judge Sanket J. Bulsara on 12/17/2025. (LMR)

Dec 17, 2025

MINUTE ENTRY AND ORDER: An in-person hearing was held on 12/17/2025 before Judge Sanket J. Bulsara. Counsel for Petitioner (S. Michael Musa-Obregon) and counsel for Respondents (Diane C. Leonardo) were present. Petitioner was present. Oral argument was held on the pending petition for a writ of habeas corpus. For the reasons stated on the record, the writ is granted. Respondents are directed to file a letter indicating their compliance with the Court's December 17, 2025 Order to release Petitioner no later than 3:00PM on 12/18/2025. So Ordered by Judge Sanket J. Bulsara on 12/17/2025. (Court Reporter ToniAnn Lucatorto.) (LMR) Modified on 12/22/2025 (EM).

#12

Dec 18, 2025

Letter

#13

Dec 18, 2025

Letter

#14

Dec 18, 2025

Letter

Dec 18, 2025

Status Conference

Dec 19, 2025

ORDER: Respondents may file photographs ex parte and under seal in order to comply with the Court's order directing that photographs of the detention facility be filed with the Court. So Ordered by Judge Sanket J. Bulsara on 12/19/2025. (LMR)

Dec 19, 2025

Order(Other)