Eastern District of New York • 1:25-cv-07056

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Dec 23, 2025

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19755348, filed by Jonathan Bravo Arizmendi. (Attachments: # 1 Declaration of Samuel Karnes, # 2 Exhibit 1: JBA Declaration, # 3 Declaration of Stephen M. Baldini, # 4 Exhibit 1: I862 NTA, # 5 Exhibit 2: Appeal Article, # 6 Exhibit 3: JBA Dental Records, # 7 Exhibit 4: Childrens Drawings, # 8 Exhibit 5: Motion for Bond Hearing, # 9 Exhibit 6: Denial of Bond Hearing Motion, # 10 Exhibit 7: Mtn to Suppress and Terminate, # 11 Exhibit 8: I213 Record, # 12 Exhibit 9: DHS Opposition to Mtn to Suppress and Terminate, # 13 Exhibit 10: JBA Reply ISO Mtn to Suppress and Terminate, # 14 Exhibit 11: Release Request, # 15 Exhibit 12: Denial of Release Request, # 16 Exhibit 13: ICE Memo re Detention Authority, # 17 Civil Cover Sheet, # 18 Proposed Summons) (Baldini, Stephen) (Entered: 12/23/2025)

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Dec 23, 2025

MOTION for Temporary Restraining Order and Preliminary Injunction by Jonathan Bravo Arizmendi. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Stephen M. Baldini, # 3 Proposed Order) (Baldini, Stephen) (Entered: 12/23/2025)

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Dec 23, 2025

NOTICE of Appearance by Stephen Michael Baldini on behalf of Jonathan Bravo Arizmendi (notification declined or already on case) (Baldini, Stephen) (Entered: 12/23/2025)

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Dec 23, 2025

Notice of Appearance

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Dec 23, 2025

Notice of Appearance

Dec 23, 2025

Incorrect Case-Document Information

Dec 23, 2025

ORDER: In order to preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. 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."); Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 66162 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorneys Office (USAO) for the Eastern District of New York. Petitioner's counsel shall also serve a copy of the order on the USAO. Ordered by Judge Nina R. Morrison on 12/23/2025. (AYG)

Dec 23, 2025

Incorrect Case/Document/Entry Information. Please file the Complaint, Civil Cover Sheet, Proposed Summons and pay the Civil Filing Fee for the following case so that it may be processed. Initial Case Opening Documents Should be Filed at The Time a Case Number is generated (SDM)

Dec 23, 2025

Order(Other)

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Dec 24, 2025

ORDER: Temporary Restraining Order and Order to Show Cause. Ordered by Judge Nina R. Morrison on 12/24/2025. (AYG) (Entered: 12/24/2025)

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Dec 24, 2025

CERTIFICATE OF SERVICE by Jonathan Bravo Arizmendi re 2 MOTION for Temporary Restraining Order and Preliminary Injunction, 1 Petition for Writ of Habeas Corpus,,, (McWhorter, Andrew) (Entered: 12/24/2025)

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Dec 24, 2025

Letter

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Dec 25, 2025

Extension of Time to File Response/Reply

Dec 27, 2025

Order(Other)

Dec 27, 2025

ORDER: The Court is in receipt of Respondents' 9 consent motion to extend the deadline to file its response to the Order to Show Cause. However, Respondents' letter motion proposes that their new deadline be extended until January 7, 2026, which is the same day on which the Temporary Restraining Order ("TRO") entered by this Court on December 24, 2025 is currently due to expire, with Petitioner's reply deadline extended until January 14, 2026. Accordingly, Respondents shall file a supplemental letter indicating whether, if the Court extends the deadline as proposed in the letter motion, Respondents further consent to an extension of the TRO until January 15, 2026, in order to prevent the expiration of the TRO while the parties' briefing is pending. Ordered by Judge Nina R. Morrison on 12/27/2025. (AYG)

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Dec 29, 2025

Summons Issued as to USA

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Dec 29, 2025

Quality Control Check - Attorney Case Opening

Dec 29, 2025

Scheduling Order

Dec 29, 2025

Case Assigned/Reassigned

Dec 29, 2025

SCHEDULING ORDER: The deadline for the supplemental letter ordered by Judge Morrison on December 27, 2025, regarding whether the respondents, in light of their consent motion to extend the deadline to respond to the Order to Show Cause, further consent to an extension of the TRO until January 15, 2026, is today, December 29, 2025, by 6:00 p.m. Ordered by Judge Ann M. Donnelly on 12/29/2025. (CM)

Dec 29, 2025

Case Assigned to Judge Ann M. Donnelly. 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. (SDM)

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Dec 30, 2025

Notice of Appearance

Dec 30, 2025

ORDER granting 9 Motion for Extension of Time to File Response/Reply. The deadline for the respondents to respond to the Order to Show Cause is reset to January 7, 2026. The petitioner's reply is due by January 14, 2026. The respondents have not filed a supplemental letter opposing extending the TRO until January 15, 2026, in order to prevent the expiration of the TRO while the parties' briefing is pending. Accordingly, the Court sua sponte extends the TRO until January 15, 2026. Ordered by Judge Ann M. Donnelly on 12/30/2025. (CES)

Dec 30, 2025

Order on Motion for Extension of Time to File Response/Reply

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Jan 02, 2026

Affidavit of Service

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Jan 07, 2026

Reply in Support

Jan 09, 2026

Scheduling Order

Jan 09, 2026

SCHEDULING ORDER: In connection with 1 the pending habeas petition and 6 Order to Show Cause, the parties are directed to appear for a conference on January 15 at 11:30 a.m. in Courtroom 4G North. Ordered by Judge Ann M. Donnelly on 1/9/2026. (CES)

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Jan 14, 2026

Extension of Time to File Document

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Jan 14, 2026

Reply in Support

Jan 14, 2026

ORDER granting 15 Motion for Extension of Time to File. The Court extends the TRO until January 16, 2026 at 7:00 a.m. in order to prevent the TRO from expiring while the Court is considering the parties' briefing and before the conference scheduled for January 15, 2026 at 11:30 a.m. Ordered by Judge Ann M. Donnelly on 1/14/2026. (CES)

Jan 14, 2026

Order on Motion for Extension of Time to File

Jan 15, 2026

Status Conference

Jan 15, 2026

Order(Other)

Jan 15, 2026

ORDER granting 1 the Petition for Writ of Habeas Corpus. As discussed during the proceedings today, the Court grants the petition for writ of habeas corpus under 28 U.S.C. §2241. The Court finds that for substantially the same reasons described in the memorandum decision and order in Ye v. Maldonado et al., No. 25-CV-6417, ECF No. 16, and for the same reasons described in Judge Gonzalez's decision in R.P.L. v. Maldonado et al., No. 25-CV-6886, ECF No. 10, ICE detained the petitioner, who had been living in the United States for fifteen years at the time of his arrest, pursuant to 8 U.S.C. § 1226 and in violation of his rights to due process under the Fifth Amendment of the Constitution. Though there are some factual differences between this case and the facts in Ye and R.P.L., they do not affect the Court's conclusion that the petitioner was detained pursuant to 8 U.S.C. § 1226 or the outcome of this case. The "typical remedy" for "unlawful executive detention" is "of course, release." Munaf v. Green, 553 U.S. 674, 693 (2008). Pursuant to the Court's Temporary Restraining Order, which went into effect on December 24, 2025 (ECF No. 6), the petitioner has already been released from detention. (See ECF No. 8.) Consistent with the approach taken by other courts in this district, the Court grants the petitioner's habeas petition and orders that the petitioner shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a). See Ulloa Montoya v. Bondi, No. 25-CV-06363, 2025 WL 3718694 (E.D.N.Y. Dec. 23, 2025); Iza by Iza v. Larocco, No. 25-CV-6915, 2026 WL 31378 (E.D.N.Y. Jan. 5, 2026). The government is further directed to return to the petitioner any and all funds or property seized from the petitioner at the time of his arrest. The deadline for the petitioner to apply for an award of reasonable fees and costs is February 13, 2026. The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Ann M. Donnelly on 1/15/2026. (CES)

Jan 15, 2026

Minute Entry for proceedings held before Judge Ann M. Donnelly: Conference held on 1/15/2026. Andrew McWhorter and Dara Mouhot appeared for the petitioner. Richard Hayes appeared for the respondents. Case called. Discussion held. (Court Reporter Stacy Mace.) (CES)

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Feb 13, 2026

Attorney Fees

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Feb 13, 2026

Affidavit/Declaration in Support of Motion

Feb 13, 2026

Scheduling Order

Feb 13, 2026

SCHEDULING ORDER: The government is directed to respond to 17 the petitioner's motion for attorney's fees by February 20, 2026. Ordered by Judge Ann M. Donnelly on 2/13/2026. (CES)

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Feb 16, 2026

Extension of Time to File Document

Feb 17, 2026

ORDER granting 19 Motion for Extension of Time to File. The respondents will file their response to the petitioner's motion for attorneys fees by February 27, 2026. Ordered by Judge Ann M. Donnelly on 2/17/2026. (CNG)

Feb 17, 2026

Order on Motion for Extension of Time to File

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Feb 26, 2026

Extension of Time to File Response/Reply

Feb 26, 2026

ORDER granting 20 Motion for Extension of Time to File Response/Reply. The respondents will file their response to the petitioner's motion for attorneys fees by March 4, 2026. Ordered by Judge Ann M. Donnelly on 2/26/2026. (CNG)

Feb 26, 2026

Order on Motion for Extension of Time to File Response/Reply

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Mar 03, 2026

Request Mediation

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Mar 05, 2026

Judgment - Clerk