Eastern District of New York • 1:26-cv-06607

#1

Oct 14, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20747457, filed by Oscar Belgal. (Attachments: # 1 Affidavit Decl. of Perry McAninch, # 2 Exhibit Notice to Appear, # 3 Exhibit Section 1226a Initial Detention Decision, # 4 Exhibit Notice of Custody Determination) (McAninch, Perry) (Entered: 10/14/2026)

#2

Oct 14, 2026

NOTICE of Appearance by Elyssa Williams on behalf of Oscar Belgal (aty to be noticed) (Williams, Elyssa) (Entered: 10/14/2026)

#3

Oct 14, 2026

Civil Cover Sheet.. by Oscar Belgal (McAninch, Perry) (Entered: 10/14/2026)

#4

Oct 14, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 10/14/2026)

#5

Oct 14, 2026

Proposed Summons. by Oscar Belgal (McAninch, Perry) (Entered: 10/14/2026)

Oct 14, 2026

Notice: MISSING CIVIL COVER SHEET (Please Use Link Below) The Clerk's Office needs a completed JS-44 (Rev. 7.16.2026; Effective 7.16.2026). Civil Cover Sheet. Please submit completed Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 7/16/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM)

Oct 14, 2026

Case Assigned to Judge Hector Gonzalez. 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)

Oct 14, 2026

Order to Show Cause (463)

Oct 14, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Oscar Belgal. The United States Attorney, as attorney for Respondents, is directed to show cause by 10:00 a.m. on October 19, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226. If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026). Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal. If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest. If the government files a response, Petitioner is directed to file his reply, if any, by 10:00 a.m. on October 22, 2026, with proof of service. Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney. To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 10/14/2026. (CBF)

Oct 14, 2026

Case Assigned/Reassigned

Oct 14, 2026

Notice: Re: Incomplete Civil Cover Sheet

Oct 14, 2026

Quality Control Check - Summons

Oct 14, 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. (SDM)