Southern District of New York • 1:26-cv-08917

#5

Oct 07, 2026

Letter from Carolyn K. Depoian Bester re: request to transfer case and stay order. (Attachments: # 1 Exhibit A)(DEPOIAN BESTER, CAROLYN) [Transferred from New Jersey on 10/8/2026.] (Entered: 10/07/2026)

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Oct 08, 2026

TEXT ORDER: The Court has considered Respondents' October 4, 2026 letter regarding Petitioner's location (ECF No. 4 ) and October 7, 2026 letter requesting transfer of this matter to the United States District Court for the Southern District of New York and a stay of the Court's October 2, 2026 Order (ECF No. 5 ). Respondents initially informed the Court that Petitioner had been transferred from the Delaney Hall Detention Facility in Newark, New Jersey, to the Moshannon Valley Processing Center in Philipsburg, Pennsylvania, on October 2, 2026. (ECF No. 4 .) Respondents further represented that Petitioner was present at Delaney Hall for less than one hour, from approximately 7:40 p.m. until 8:30 p.m., and was not arrested in New Jersey. (Id.) Respondents thereafter confirmed that Petitioner was physically located in Newburgh, New York, when the Petition was filed at 5:41 p.m. on October 2, 2026. (ECF No. 5 at 1-2; ECF No. 5 -1 5.) "[H]abeas jurisdiction lies in only one district: the district of confinement." Khalil v. President of the United States, 164 F.4th 259, 268 (3d Cir. 2026) (quoting Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004)); see also Padilla, 542 U.S. at 442-47. Because Petitioner was confined in New York when this action was filed, this Court is not the proper forum for the Petition. Accordingly, pursuant to 28 U.S.C. § 1631, the Clerk of Court shall TRANSFER this matter to the United States District Court for the Southern District of New York. The Court's October 2, 2026 Order (ECF No. 2 ) is VACATED, and this matter shall be CLOSED. So Ordered by Judge Zahid N. Quraishi on 10/8/2026. (ijf) [Transferred from New Jersey on 10/8/2026.] (Entered: 10/08/2026)

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Oct 08, 2026

CASE TRANSFERRED IN from the United States District Court - District of New Jersey; Case Number: 3:26-cv-12947. Original file certified copy of transfer order and docket entries received. (Entered: 10/08/2026)

#8

Oct 08, 2026

ORDER: Petitioner has filed a petition for the writ of habeas corpus under 28 U.S.C. § 2241. Having examined the petition, it is hereby ORDERED as follows: 1. Within two business days of the date of this order, respondents shall file a letter w ith the following information: a. Petitioner's A-number, place and judicial district of detention as of the time of the filing of the letter, and the name and contact information of a person who will facilitate counsel's or prospective coun sel's access to petitioner; b. The statutory provision or provisions under which respondents asse1t the authority to detain petitioner; i. If the asserted basis for petitioner's detention is the Immigration and Nationality Act ("INA&qu ot;) Section 235(b )(2)(A), whether there is any basis to distinguish this case from Barco Mercado v. Francis, 811 F. Supp. 3d 487 (S.D.N.Y. 2025), and if not, whether respondents waive the right to answer and consent to issuance of the writ subject to preservation of respondents' arguments for appeal. ii. If the asserted basis for petitioner's detention is INA Section 235(b)(1), whether there is any basis to distinguish this case from MK. v. Arleta, No. 25-cv-9918 (LAK), 2025 WL 3720 779 (S.D.N.Y. Dec. 23, 2025), and if not, whether respondents waive the right to answer and consent to issuance of the writ subject to preservation of respondents' arguments for appeal. c. A copy of any final order of removal; and d. Any inform ation regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. 2. Unless and until the Court orders otherwise, respondents shall file an answer to the petition within thre e business days of the date of this order; and 3. Unless and until the Court orders otherwise, petitioner shall file any reply within ten business days of the elate of this order. 4. To preserve the Court's jurisdiction pending a ruling on the petition, petitioner shall not be removed from the United States absent further order of this Court. 5. Moreover, in light of ICE's transfer of petitioner from New Jersey to Pennsylvania after receipt of a Court order barring transfer out of New Jersey,' and in light of petitioner's interest in participating in further proceedings before this Court and to facilitate resolution of the petition, respondents shall transfer petitioner to a facility within this District, the E astern District of New York, or the District of New Jersey forthwith, and shall not thereafter transfer petitioner out of one of those districts during the pendency of this action absent further order of this court. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/8/2026) (ar)

Oct 08, 2026

Magistrate Judge Robyn F. Tarnofsky 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. (vba)

Oct 08, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis A. Kaplan. 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..(vba)

Oct 08, 2026

Case Designated ECF. (vba)

Oct 08, 2026

NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)

Oct 08, 2026

Order

Oct 08, 2026

Case Opening Initial Assignment Notice - Transfer Case

Oct 08, 2026

Note to Out of State Attorneys

#9

Oct 09, 2026

Notice of Appearance

#10

Oct 09, 2026

Miscellaneous Relief