Eastern District of New York • 2:25-cv-07011

#1

Dec 22, 2025

First PETITION for Writ of Habeas Corpus Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filing fee $ 5, receipt number ANYEDC-19748171, filed by Gilber Antonio Yanez Zavala. (Kelman, Lorne) Modified on 12/22/2025 (SMF). (Entered: 12/22/2025)

#2

Dec 22, 2025

Civil Cover Sheet.. by Gilber Antonio Yanez Zavala (Kelman, Lorne) (Entered: 12/22/2025)

#3

Dec 22, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 12/22/2025)

#4

Dec 22, 2025

Civil Cover Sheet.. by Gilber Antonio Yanez Zavala (Kelman, Lorne) (Entered: 12/22/2025)

Dec 22, 2025

Quality Control Check - Summons

Dec 22, 2025

Case Assigned/Reassigned

Dec 22, 2025

Notice: Re: Incomplete Civil Cover Sheet

Dec 22, 2025

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)

Dec 22, 2025

Case Assigned to Judge Gary R. Brown. 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)

Dec 22, 2025

Notice: Re: Requires Newly Updated Civil Cover Sheet. The Civil cover sheet has been updated and The Clerk's Office requires the updated version of the civil cover sheet to continue to process this case. The form is available at www.nyed.uscourts.gov/forms-search Please resubmit using new JS44. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SMF)

Dec 22, 2025

Order(Other)

Dec 22, 2025

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office. Show Cause Response due by 12/30/2025. Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by December 30, 2025, or, in the alternative, if the Court should consider bail pending resolution. Petitioner's Response, if any, shall be filed by January 12, 2026. In addition, the following is ORDERED: (1) 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 maintaining adequate access to legal counsel, 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"). Furthermore, Petitioner shall not be transferred to the Central Islip Hold Room during the pendency of the petition, except as required - for periods NOT to include an overnight stay - to produce the Petitioner in Court. (2) As part of this Order to Show Cause, Counsel for Respondents shall provide documentation relating to the following: (a) The issuance of a Notice to Appear (NTA) commencing any removal process related to the Petitioner; (b) Any arrest warrant (I-200) issued for the Petitioner's apprehension; (c) Any individualized custody determination relating to Petitioner made by an ICE officer prior to or contemporaneously with his arrest; (d) Any Notice of Custody Determination that had been prepared by DHS and/or provided to Petitioner; and (e) Whether any such detention determination was made as a matter of discretion or part of a mandatory policy and what factors were considered in reaching the result. (3) In light of the allegations in the Petition, Respondents shall file a written response regarding Petitioner's stay in the facility referred to as the "Central Islip Hold Room" (CIHR): (a) List the dates and times -- including arrival and exit times -- at which the Petitioner was detained at the CIHR. Provide the reason(s) for the removal of the Petitioner from the CIHR and transfer to ICE's Newark facility and/or any other facilities. (b) State whether Petitioner was: (i) Provided with clean clothing, toothbrushes and soap or access to showers, beds, cots or bedding. (ii) 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. (iii) Afforded access to legal phone calls and/or attorney visits, listing the times and dates that such opportunities were afforded and whether Petitioner availed himself of such opportunities. State whether phone calls could be made privately; and (iv) Provided any meals, and if so, how many per day. (c) 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. (d) State whether medical care was or could have been provided to Petitioner at the CIHR, and whether he was provided access to prescriptions and other medications. The Clerk is directed to serve a copy of this order electronically upon the Chiefs of the Civil Division and the Long Island Civil Division of the United States Attorney's Office forthwith. An attorney of the United States Attorney's Office should be appointed forthwith to ensure compliance with the Court's orders contained herein. Ordered by Judge Gary R. Brown on 12/22/2025. (ML)

#5

Dec 23, 2025

Exhibit List in Support of Petition for Habeas Corpus by Gilber Antonio Yanez Zavala. (Attachments: # 1 Exhibit PASSPORT OF PETITIONER, # 2 Exhibit BIRTH CERTIFICATE PETITIONER CHILD, # 3 Exhibit LETTER AND PASSPORT OF SPONSOR) (Kelman, Lorne) (Entered: 12/23/2025)

#6

Dec 23, 2025

Letter to the Honorable Gary R. Brown to advise the court in advance of the bail hearing that petitioner was detained in New Jersey at the time of filing his petition and the matter should be transferred to the District of New Jersey by Pamela Bondi, Executive Office For Immigration Review, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Leonardo, Diane) (Entered: 12/23/2025)

#7

Dec 23, 2025

SEALED DOCUMENTS ORDER Setting Conditions of Release and Bond: It is hereby ORDERED that the above named deft. be released subject to the Conditions of Release below and On Personal Recognizance on the defendant's promise to appear at all scheduled proceedings as required, or Upon bond executed by the deft in the amount of 5,000 cosigned by the financially responsible sureties identified on this bond. Release of the deft. is hereby ordered on 12/23/2025. Ordered by Judge Gary R. Brown on 12/23/2025. (JC) (Entered: 12/23/2025)

#8

Dec 23, 2025

REDACTION to 7 Order Setting Conditions of Release (JC) (Entered: 12/23/2025)

Dec 23, 2025

Electronic Service upon the US Attorneys Office re 12/22/2025 Order to show cause Ordered by Judge Gary R. Brown on 12/23/2025. (JC)

Dec 23, 2025

ORDER: Application to delay today's bail hearing at DE 6 is denied. Ordered by Judge Gary R. Brown on 12/23/2025. (RJP)

Dec 23, 2025

ORDER: If necessary, petitioner's counsel shall arrange for an interpreter to be present either in person or remotely at today's hearing. Ordered by Judge Gary R. Brown on 12/23/2025. (RJP)

Dec 23, 2025

EMERGENCY BAIL HEARING ORDER: Upon further review of the petition in this case, and given that the intervening Government holidays will necessarily delay speedy resolution of the petition, the Court will hold an emergency bail hearing TODAY at 1:00 P.M., in Courtroom 940. Counsel may attend in person or by telephone. Government counsel will immediately (1) locate the petitioner; and (2) arrange for the attendance of the petitioner in person or by telephone at the hearing. The purpose of this hearing will be to determine whether petitioner should be released on bail consistent with the principles set forth in this Courts order in Clarke v. U.S. Dept of Homeland Security, 25-CV-6773(GRB) (December 18, 2025). Any party may submit items in writing at or before noon today, but in any event, counsel should be prepared to address the following matters:1. Whether petitioner has any documented criminal history, involvement in drugs or violence, or a history of compliance with Government directives or failure to do so.2. Whether petitioner has maintained a stable address and/or employment;3. The facilities at and conditions under which petitioner has been and will be detained and the current status of petitioners immigration proceeding(s).4. The basis for petitioners arrest, and ICEs compliance with appropriate procedural requisites in connection with that apprehension.5. Any and all detention proceedings and determinations made with respect to Petitioner, and whether discretion was properly excercised in connection therewith.6. The availability of any suretors for petitioner. If possible, suretors should be available for the hearing, appearing personally if possible, or alternately via telephone.Any party appearing remotely will call 571-353-2301 using Access code 975 842 145 at least 5 minutes prior to the conference.Ordered by Judge Gary R. Brown on 12/23/2025. (RJP)

Dec 23, 2025

Electronic Service upon the US Attorneys Office

Dec 23, 2025

Order(Other)

Dec 23, 2025

Scheduling Order

#9

Jan 06, 2026

Notice of Appearance