Southern District of New York • 1:26-cv-08225

#1

Sep 16, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20638153, filed by E. S.P.. (Attachments: # 1 Exhibit A - Person in Custody Lookup, # 2 Exhibit B - NYCDOC Facilities Overview, # 3 Exhibit C - Form I-213, # 4 Exhibit D - State Court Writ of Habeas Corpus Ad Prosequendum, # 5 Exhibit E - Approved Immigrant Visa Petition, # 6 Exhibit F - Notice to Appear) (Coffrin-St. Julien, Jessica) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

#2

Sep 16, 2026

Civil Cover Sheet.. by E. S.P. (Coffrin-St. Julien, Jessica) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

#3

Sep 16, 2026

Proposed Summons. by E. S.P. (Coffrin-St. Julien, Jessica) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

#4

Sep 16, 2026

MOTION for Leave to File Document Using Initials Only and Redact Certain Identifying Information by E. S.P.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order) (Coffrin-St. Julien, Jessica) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

#5

Sep 16, 2026

Summons Issued as to Todd Blanche, Kenneth Genalo, Markwayne Mullin, Warden, U.S. Attorney and U.S. Attorney General (CV) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

#6

Sep 16, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. Please refer to ALL Corrections as guide for future filings. (CV) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

#7

Sep 16, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Verified Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Petition"), IT IS HEREBY ORDERED that: (1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by September 16, 2026; (2) Petitioner shall file proof of service on the docket by September 17, 2026; (3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted by September 21, 2026. See 28 U.S.C. § 2243; (4) The parties are further ORDERED to appear before this Court for a hearing on the Petition on September 23, 2026, at 11:00 a.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by September 21, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs. Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise."). Ordered by Judge Orelia E. Merchant on 9/16/2026. (MLB) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/16/2026)

Sep 16, 2026

Case assigned to Judge Orelia E. Merchant. 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. (CV) [Transferred from New York Eastern on 9/22/2026.]

Sep 16, 2026

ORDER: Upon consideration of Petitioner's 4 Motion for Leave to Proceed Using Initials Only and Redact Certain Identifying Information, it is hereby ORDERED that the motion is granted. Petitioner shall cause a copy of this order to be served on Respondents by September 16, 2026. Ordered by Judge Orelia E. Merchant on 9/16/2026. (MLB) [Transferred from New York Eastern on 9/22/2026.]

#8

Sep 17, 2026

AFFIDAVIT of Service for Petition for Writ of Habeas Corpus and Orders served on All Respondents on 9/16/2026, filed by E. S.P.. (Coffrin-St. Julien, Jessica) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/17/2026)

#9

Sep 17, 2026

NOTICE of Appearance by Brandt Henslee on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin (aty to be noticed) (Henslee, Brandt) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/17/2026)

#10

Sep 17, 2026

MOTION to Amend/Correct/Supplement 7 Order to Show Cause (463),,,,, by Todd Blanche, Kenneth Genalo, Markwayne Mullin. (Henslee, Brandt) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/17/2026)

#11

Sep 17, 2026

RESPONSE in Opposition re 10 MOTION to Amend/Correct/Supplement 7 Order to Show Cause (463),,,,, filed by E. S.P.. (Coffrin-St. Julien, Jessica) [Transferred from New York Eastern on 9/22/2026.] (Entered: 09/17/2026)

Sep 18, 2026

ORDER TRANSFERRING CASE: The Second Circuit has held that "jurisdiction lies in only one district" when a person files a habeas petition to challenge his detention, and that one district is the district where the petitioner was detained at the time the petition was filed. Ozturk v. Hyde, 136 F.4th 382, 391 (2d Cir. 2025) (quoting Rumsfeld v. Padilla, 542 U.S. 426, 443, 124 S.Ct. 2711, 159 L.Ed.2d 513 (2004)). Courts in the Eastern District have consistently found Rikers Island to be in the Southern District of New York. See, e.g. Order, Javier v. Warden Rothwell Otis Bantum Corr., 26-cv-4665, (E.D.N.Y. Aug. 6, 2026) ("The events giving rise to Plaintiff's claim occurred at the Otis Bantum Correctional Center on Rikers Island, which is in Bronx County and therefore in the Southern District of New York."); Order, Dufault v. New York, 26-cv-1459, (E.D.N.Y. May 26, 2026) ("[T]he Eastern District of New York does not have concurrent jurisdiction with the Southern District of New York over Rikers Island."); Alexander v. City of New York, 24-cv-8813, 2025 WL 45226, at *1 (E.D.N.Y. Jan. 8, 2025) (noting that Rikers Island is in the Southern District of New York).As both parties agree that E. S. P. was held at Otis Bantum Correctional Center on Rikers Island at the time his Petition was filed, venue is improper in the Eastern District of New York. Consequently, the Court hereby transfers this action to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. § 1406(a). That provision of Rule 83.1 of the Local Rules of the Eastern District of New York which requires a seven-day delay is waived. The Clerk of Court is respectfully directed to effectuate the transfer of this action and close this case. Ordered by Judge Orelia E. Merchant on 9/18/2026. (MLB) [Transferred from New York Eastern on 9/22/2026.]

Sep 18, 2026

Case transferred to The Southern District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Extract Civil Case due by 9/25/2026. (MAA) [Transferred from New York Eastern on 9/22/2026.]

Sep 21, 2026

Case Transferred Out - District Transfer

#12

Sep 22, 2026

CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:26-cv-05715. Original file certified copy of transfer order and docket entries received. (Entered: 09/22/2026)

#13

Sep 22, 2026

ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that: 1. Respondents show cause why the Petition should not be granted by September 25, 2026. 2. Petitioner have an opportunity to reply by September 30, 2026. 3. The parties APPEAR before this Court for a hearing on the Petition on Friday, October 2, 2026, at 10:30 a.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. 4. Pending consideration of the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York, the Eastern District of New York, or the District of New Jersey, and, relatedly, the United States of America. SO ORDERED. Show Cause Hearing set for 10/2/2026 at 10:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. Show Cause Response due by 9/25/2026. Reply due by 9/30/2026. (Signed by Judge Margaret M. Garnett on 9/22/2026) (kv) (Entered: 09/22/2026)

Sep 22, 2026

Case Designated ECF. (tro)

Sep 22, 2026

Magistrate Judge Ona T. Wang 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. (tro)