District of New Jersey • 1:26-cv-12893

#1

Jul 02, 2026

PETITION for Writ of Habeas Corpus, filed by JOSE ADALBERTO CHICAS GUTIERREZ. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, (Bembi, Bruno) Modified on 7/6/2026 (SMF). (Entered: 07/02/2026)

#2

Jul 02, 2026

Civil Cover Sheet.. by JOSE ADALBERTO CHICAS GUTIERREZ (Bembi, Bruno) (Entered: 07/02/2026)

#3

Jul 06, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KAD) (Entered: 07/06/2026)

#4

Jul 06, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 07/06/2026)

#5

Jul 06, 2026

STAY OF REMOVAL AND ORDER TO SHOW CAUSE: The Parties must carefully read the full contents of the attached Order to Show Cause and comply with all directives. As set forth in the attached Order:1. The parties are ORDERED to appear before this Court for a hearing on the Petition on July 10, 2026, at 11:00 a.m. in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722;2. Respondents shall produce Petitioner for in-person appearance at the hearing;3. Respondents shall submit a letter by Tuesday, July 7, 2026 at 10:30 a.m., addressing all of the information detailed in the attached Order to Show Cause;4. If Respondents do not take the position that the outcome of this Petition is controlled by a prior decision of this Court, Respondents must show cause why the Petition for Writ of Habeas Corpus should not be granted by July 9, 2026, at 10:30 a.m.;5. Petitioner's Reply, if any, shall be filed by July 10, 2026, at 9:00 a.m.; 6. Petitioner shall not be removed from the United States unless and until the Court orders otherwise;7. 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;8. Within 24 hours of issuance of this Order, Petitioner's counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. 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 7/6/2026. (MMC) (Entered: 07/06/2026)

#6

Jul 06, 2026

Proposed Summons. by Jose Adalberto Chicas Gutierrez (Attachments: # 1 Proposed Summons) (Bembi, Bruno) (Entered: 07/06/2026)

#7

Jul 06, 2026

AFFIDAVIT/AFFIRMATION by Jose Adalberto Chicas Gutierrez (Bembi, Bruno) (Entered: 07/06/2026)

Jul 06, 2026

Case Assigned to Judge Nusrat J. Choudhury. 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. (SMF)

Jul 06, 2026

The case of Chica Gutierrez v. Mullin et al, has been opened in the Eastern District of New York. The case number is 2:26-cv-4003. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (KAD)

Jul 06, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

Jul 06, 2026

Order Unrestricting Access to 463 Habeas Corpus - Alien Detainee Case, with the exception of documents containing information protected by the E-Government Act of 2002. Any party seeking to file a submission under seal shall file the proposed sealed document(s) and sealing motion on ECF in accordance with the instructions on the E.D.N.Y. website at: https://www.nyed.uscourts.gov/bulletin-filing-sealed-documents The clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Nusrat J. Choudhury on 7/6/2026. (HM)

#8

Jul 07, 2026

NOTICE of Appearance by Mary M. Dickman on behalf of Markwayne Mullin, Sanon (aty to be noticed) (Dickman, Mary) (Entered: 07/07/2026)

#9

Jul 07, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Markwayne Mullin, Sanon (Attachments: # 1 Declaration of Katherine Rey, # 2 Exhibit A - F to Rey Declaration) (Dickman, Mary) (Entered: 07/07/2026)

Jul 07, 2026

Proposed summons 6 was not issued for the following reasons: (1) Did not use the correct FILLABLE Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION; (2) The judges are incorrect/not listed; (3) The name of the Clerk of Court is incorrect/not listed. In addition, to the aforementioned deficiencies, the FILING FEE IS DUE. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)

#10

Jul 09, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Markwayne Mullin, Sanon (Attachments: # 1 Declaration of Katherine Rey Dated July 9, 2026, # 2 Exhibit A - F to Rey Declaration Dated July 9, 2026) (Dickman, Mary) (Entered: 07/09/2026)

#11

Jul 09, 2026

Letter by Jose Adalberto Chicas Gutierrez (Bembi, Bruno) (Entered: 07/09/2026)

#12

Jul 09, 2026

Letter by Jose Adalberto Chicas Gutierrez (Bembi, Bruno) (Entered: 07/09/2026)

#13

Jul 10, 2026

Proposed Summons. by Jose Adalberto Chicas Gutierrez (Attachments: # 1 Proposed Summons) (Bembi, Bruno) (Entered: 07/10/2026)

Jul 11, 2026

MINUTE ENTRY: The Court held a Show Cause hearing on July 10, 2026, at 11:00 a.m. in Courtroom 1040 of the Alfonse D'Amato Courthouse in Central Islip, New York. Bruno J. Bembi appeared for Petitioner. Mary Dickman appeared for Respondents. The proceedings were translated to Mr. Chicas Gutierrez by Waldo Cruz. Court Reported ToniAnn Lucatorto was also present.The Court heard the parties' arguments concerning the claims set forth in the Petition and Respondents' opposition, including the argument that this Court lacks jurisdiction over the relief sought, which includes, but is not limited to, release from detention. Petitioner indicated that in lieu of a reply, counsel inadvertently filed two copies of the request for interpretation services. The Court granted Petitioner leave to reply to Respondents' response to the Petition and granted Respondents leave to reply Petitioner's submission. Petitioner's brief must be filed by Tuesday, June 14, 2026. Respondents' reply must be filed by Friday, June 17, 2026. (MMC)

#14

Jul 14, 2026

MEMORANDUM in Opposition filed by Jose Adalberto Chicas Gutierrez. (Bembi, Bruno) (Entered: 07/14/2026)

Jul 16, 2026

SECOND NOTICE - The has been opened in the Eastern District of New York. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (CV)

#15

Jul 20, 2026

REPLY in Opposition re 5 Order to Show Cause (463),,,,,,,, filed by All Defendants. (Attachments: # 1 Declaration of SA Gregory Freudenberg, # 2 Exhibit A, # 3 Translation Certificate) (Dickman, Mary) (Entered: 07/20/2026)

#16

Jul 24, 2026

FILING FEE: $ 5.00, receipt number 200007167 (EJK) (Entered: 07/24/2026)

#17

Jul 31, 2026

Letter With English Translation of Text Messages Inadvertently Omitted From Submission Filed as ECF Dkt. # 15-3 by Markwayne Mullin, Sanon (Attachments: # 1 Declaration Certificate of Translation of Spanish Language Text Messages Into English With English Translation Attached) (Dickman, Mary) (Entered: 07/31/2026)

#18

Aug 25, 2026

Letter by Jose Adalberto Chicas Gutierrez (Bembi, Bruno) (Entered: 08/25/2026)

#19

Aug 25, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Markwayne Mullin (Dickman, Mary) (Entered: 08/25/2026)

Aug 25, 2026

ORDER: The Court has reviewed the letter from Petitioner's counsel regarding ICE's plan to move Petitioner to a new detention facility and Respondents' failure to notify Petitioner's counsel of this development. (ECF No. 18 .) Respondents must a file a letter by August 25, 2026 at 5:00 p.m. updating the Court on Petitioner's location, any plans for ICE to transfer Petitioner to a different facility, and whether any planned transfer complies with this Court's July 6, 2026 Order prohibiting Respondents from transferring Petitioner to any facility outside of the Eastern District of New York, Southern District of New York, and District of New Jersey. Ordered by Judge Nusrat J. Choudhury on 8/25/2026. (MMC)

#20

Sep 25, 2026

Letter regarding possibility Mr. Chicas Gutierrez has been removed from the U.S., contrary to the Court's Order. by Jose Adalberto Chicas Gutierrez (Bembi, Bruno) (Entered: 09/25/2026)

Sep 25, 2026

ORDER: The Court has reviewed Petitioner's counsel's letter reporting that neither counsel nor Petitioner's family has been able to locate Petitioner since September 15, 2026, and that Petitioner's location is no longer listed on ICE's online Detainee Locator System. (ECF No. 20 .) Petitioner's counsel and family express concern that Respondents may have removed Petitioner from the United States in violation of this Court's July 6, 2026 Stay of Removal and Order to Show Cause. (ECF No. 5 .) Respondents are ordered to file a letter on the docket by tomorrow, September 26, 2026, at 12:00 p.m., (1) identifying where petitioner is presently located and (2) whether he was removed, at any time, from outside of the Eastern District of New York, Southern District of New York and District of New Jersey, which is expressly prohibited by this Court's Stay of Removal and Order to Show Cause. In the letter, Respondents must inform Petitioner's counsel how he may communicate with Petitioner and continue to receive updates on Petitioner's location. Ordered by Judge Nusrat J. Choudhury on 9/25/2026. (MMC)

#21

Sep 26, 2026

Letter Responding to Order Entered September 25, 2026, by Markwayne Mullin, Sanon (Dickman, Mary) (Entered: 09/26/2026)

Oct 01, 2026

Case transferred to District of New Jersey. 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 10/8/2026. (GO)

Oct 01, 2026

ORDER: The Clerk is directed to transfer this case to the United States District Court for the District of New Jersey, pursuant to 28 U.S.C. §§ 1404(a), 1406(a), in light of the fact that Petitioner was being detained in that district at the time the Petition was filed.Respondents challenge venue as improper on the basis that on July 2, 2026, Petitioner was moved from Long Island to New Jersey such that he arrived at the Delaney Hall Detention Center by 8:03 p.m., prior to the filing of the Petition later that evening at 9:18 p.m. (Resp., ECF No. 10 at 20-21.) Petitioner's reply does not address venue in any way or contest Respondents' conclusion that the Eastern District of New York is not the proper venue under the district of confinement rule. (See Mem. in Opp., ECF No. 14.) Accordingly, the district of confinement rule applies. See Ozturk v. Hyde, 136 F.4th 382, 390 (2d Cir. 2025) ("Generally, [w]henever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he must file the petition in the district of confinement....");Trump v. J.G.G., 604 U.S. 670, 672 (2025) ("For 'core habeas petitions,' 'jurisdiction lies in only one district: the district of confinement.'") (quoting Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004)); 28 U.S.C. § 1404(a) (permitting transfer to any district where an action might have been brought). Accordingly, the Clerk is directed to transfer the Petition to the District of New Jersey and to effectuate this transfer immediately. The waiting period under Local Civil Rule 83.1 is waived. The Stay of Removal prohibiting Petitioner's removal or transfer outside of Eastern District of New York, Southern District of New York, or District of New Jersey remains in effect unless and until the transferee court orders otherwise. See, e.g., Saamishvili v. Flanagan, No. 25-cv-9181, 2025 WL 3090134, at *1 (S.D.N.Y. Nov. 5, 2025) (transferring a petition to the Eastern District of New York and enjoining the government from removing petitioner from that district to ensure that petitioner has an opportunity to have their petition considered); Khalil v. Joyce, 771 F. Supp. 3d 268, 291 (S.D.N.Y. 2025) ("[T]o ensure that Khalil gets an opportunity to have his Petition and these motions considered by a court in the normal course and to preserve the status quo the Court's March 10, 2025 Order barring the Government from removing him... shall similarly remain in effect unless and until the transferee court orders otherwise.")Ordered by Judge Nusrat J. Choudhury on 10/1/2026. (MMC)

Oct 01, 2026

Order

#22

Oct 02, 2026

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 2:26-cv-04003. Original file certified copy of transfer order and docket sheet received. (Entered: 10/02/2026)

#23

Oct 02, 2026

ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Chief Judge Renee Marie Bumb on 10/2/2026. (jjc, ) (Entered: 10/02/2026)

#24

Oct 02, 2026

NOTICE of Appearance by CHRISTIAN CARRARA on behalf of MARKWAYNE MULLIN, Sanon (CARRARA, CHRISTIAN) (Entered: 10/02/2026)

#25

Oct 02, 2026

Letter from Respondents Re. Petitioner's Location. (CARRARA, CHRISTIAN) (Entered: 10/02/2026)

Oct 02, 2026

Add and Terminate Judges

Oct 02, 2026

Order

Oct 02, 2026

Chief Judge Renee Marie Bumb added. (jjc, )

#26

Oct 08, 2026

Notice of Appearance

#27

Oct 08, 2026

Letter