Eastern District of New York • 2:25-cv-07020

#1

Dec 18, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32159692) Request for emergency relief to be separately filed..Document filed by NIDIA MARGARITA PILCO-ACAN. (Attachments: # 1 Proposed Order Order to show Cause, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Supplement Summons).(Kerben, Reuben) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/18/2025)

#2

Dec 19, 2025

CIVIL COVER SHEET filed..(Kerben, Reuben) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/19/2025)

#3

Dec 19, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to Judith Almodovar, Kristi Noem, Pam Bondi, re: 1 Petition for Writ of Habeas Corpus,. Document filed by Nidia Margarita Pilco-Acan..(Kerben, Reuben) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/19/2025)

#4

Dec 19, 2025

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Judith Almodovar, Pamela Bondi, Kristi Noem..(Waterman, Brandon) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/19/2025)

#5

Dec 19, 2025

PROPOSED STIPULATION AND ORDER. Document filed by Judith Almodovar, Pamela Bondi, Kristi Noem..(Waterman, Brandon) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/19/2025)

#7

Dec 19, 2025

ORDER TO SHOW CAUSE, IT IS HEREBY ORDERED that: Respondent shall file a return on the Order to Show Cause why the Petition for Writ of Habeas Corpus should not be granted by 12/30/2025. Petitioner shall have an opportunity to file a reply by 1/9/2026. This matter shall be heard by this Court on 1/14/2026 at 04:00 P.M. Service of this Order shall be made by email to the office of the USA Atty for the Southern District of New York on 12/19/25 and shall constitute good and sufficient service. IT IS SO ORDERED. ( Replies due by 1/9/2026.)( Show Cause Hearing set for 1/14/2026 at 04:00 PM before Judge John G. Koeltl. Show Cause Response due by 12/30/2025.) (Signed by Judge John G. Koeltl on 12/19/25) (yv) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/22/2025)

#8

Dec 19, 2025

STIPULATION AND ORDER OF TRANSFER OF VENUE: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is transferred to the U.S. District Court for the Eastern District of New York, and that the seven-day waiting period in Local Civil Rule 83.1 is waived. SO ORDERED (Signed by Judge John G. Koeltl on 12/19/2025) (ks) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/22/2025)

#9

Dec 19, 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 12/22/2025.] (Entered: 12/22/2025)

Dec 19, 2025

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Reuben Samuel Kerben. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 530 (Habeas Corpus (General));. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee);. Corrections were updated as per the Civil Cover Sheet. (jgo) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

AMENDED Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 12/19/2025 at 3:30 PM adjourned to 04:00 PM before Judge John G. Koeltl. Dial-in: 646 453-4442, with Conference ID 675 278 33#. (Fletcher, Donnie) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 12/19/2025 at 03:30 PM before Judge John G. Koeltl. Dial-in: 646 453-4442, with Conference ID 675 278 33#. (Fletcher, Donnie) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Reuben Samuel Kerben to RE-FILE Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the PDF must be filed separately; Defendant party name listed on the PDF 'To' field must match exactly as it appears on the pleading caption (Pam Bondi). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Reuben Samuel Kerben. The party information for the following party/parties has been modified: NIDIA MARGARITA PILCO-ACAN; Judith Almodovar; Kristi Noem; Pamela Bondi. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Reuben Samuel Kerben to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the PDF was not signed and dated by the attorney; the event wrong event type was used to file the civil cover sheet; the PDF must be filed separately. 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 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

Case Designated ECF. (jgo) [Transferred from New York Southern on 12/22/2025.]

Dec 19, 2025

Magistrate Judge Barbara C. Moses 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 12/22/2025.]

Dec 19, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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 12/22/2025.]

#6

Dec 22, 2025

ELECTRONIC SUMMONS ISSUED as to Judith Almodovar, Pamela Bondi, Kristi Noem. (vf) [Transferred from New York Southern on 12/22/2025.] (Entered: 12/22/2025)

#10

Dec 22, 2025

Case transferred in from District of New York Southern; Case Number 1:25-cv-10538. Original file certified copy of transfer order and docket sheet received. (Entered: 12/22/2025)

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"). (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 Petitioners apprehension; (c) Any individualized custody determination relating to Petitioner made by an ICE officer prior to or contemporaneously with her 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) To the extent conditions of confinement bear on this determination, Respondents shall file a written response detailing the following: (a) List the facilities where Petitioner has been detained since December 18, 2025, as well as any dates and times of entry/exit and reasons for entering/exiting those facilities. (b) For each facility, 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 herself 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 all of the facilities where she was held and whether she 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)

Dec 22, 2025

Electronic Service upon the US Attorneys Office re 12/22/2025 ORDER TO SHOW CAUSE Ordered by Judge Gary R. Brown on 12/22/2025. (JC)

Dec 22, 2025

The case of Pilco-Acan v. Almodovar et al, has been transferred from U.S. District Court Southern District of New York to the Eastern District of New York. The new case number is 25-cv-7020-GRB. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (DC)

Dec 22, 2025

Order(Other)

Dec 22, 2025

ECF Admission and Registration Notification - Transfer

#11

Dec 23, 2025

NOTICE of Appearance by Daniel Berkowitz on behalf of Nidia Margarita Pilco-Acan (aty to be noticed) (Berkowitz, Daniel) (Entered: 12/23/2025)

#12

Dec 23, 2025

NOTICE of Appearance by Avi Silberberg on behalf of Nidia Margarita Pilco-Acan (aty to be noticed) (Silberberg, Avi) (Entered: 12/23/2025)

#13

Dec 23, 2025

BOND posted by Nidia Margarita Pilco-Acan (Attachments: # 1 Bond Evidence) (Kerben, Reuben) (Entered: 12/23/2025)

#14

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 Upon Bond executed by the defendant in the amount of $5,000 which shall be cosigned by the financially responsible sureties identified on this bond. Release of the deft. is hereby ordered on 1223/2025. RESPONDENTS ARE ORDERED TO RETURN PETITIONER TO THE EDNY. GOVERNMENT COUNSEL ARE DIRECTED TO TAKE MEASURE TO ENSURE COMPLIANCE AND RELEASE AS SOON AS POSSIBLE. The respondents are similarly directed Dylan Emerson SHAMBI PILCO-The petitioner's minor son on the same terms and conditions. Ordered by Judge Gary R. Brown on 12/23/2025. (JC) (Entered: 12/23/2025)

#15

Dec 23, 2025

REDACTION to 14 Sealed Order Setting Conditions of Release and Bond. (JC) (Entered: 12/23/2025)

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 2:00 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 exercised 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

#16

Dec 29, 2025

Notice of Appearance