Eastern District of New York • 1:26-cv-06781

#1

Oct 22, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20778084, filed by Jair Alexander Vargas Ochoa. (Attachments: # 1 Civil Cover Sheet) (Moosnick, Maura) (Entered: 10/22/2026)

#2

Oct 22, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 10/22/2026)

Oct 22, 2026

Quality Control Check - Summons

Oct 22, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on October 27, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should explain the statutory authority for its detention of the petitioner, and, if applicable, whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) and this Court's opinions in Escalona v. Warden, No. 26-CV-3920, 2026 WL 2018505 (E.D.N.Y. July 13, 2026), and Diosa v. Warden, No. 26-CV-4068, 2026 WL 2056253 (E.D.N.Y. July 16, 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal. If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of 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 the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property.If the government files a response, the petitioner may file a reply by 5:00 p.m. on October 29, 2026, with proof of service to the Clerk of Court.To preserve the Court's jurisdiction pending a final ruling on the 1 petition, the 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 the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-CV-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025) (collecting cases in support of enjoining transfer of petitioner outside of New York City area). 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. Ordered by Judge Ann M. Donnelly on 10/22/2026. (RHS)

Oct 22, 2026

Order to Show Cause (463)

Oct 22, 2026

Case Assigned/Reassigned

Oct 22, 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. (CV)

Oct 22, 2026

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. (CV)

#3

Oct 26, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David Venturella (aty to be noticed) (Taveras, Tiffany) (Entered: 10/26/2026)

#4

Oct 27, 2026

First MOTION for Extension of Time to File Response/Reply respectfully, to Order to Show Cause by Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David Venturella. (Taveras, Tiffany) (Entered: 10/27/2026)

Oct 27, 2026

ORDER granting in part and denying in part 4 Motion for Extension of Time to File Response/Reply. The deadlines are reset as follows: The respondents are directed to show cause by 11:59 p.m. on October 28, 2026, why the petition should not be granted. The petitioner's reply, if any, is due by 5:00 p.m. on October 30, 2026. Ordered by Judge Ann M. Donnelly on 10/27/2026. (RS)

Oct 27, 2026

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

#5

Oct 28, 2026

Letter response to Order to Show Cause by Todd Blanche, Robert Brown, Kenneth Genalo, Markwayne Mullin, David Venturella (Attachments: # 1 ICE Declaration, # 2 Appendix 1 - Property Receipts, # 3 Exhibit A - Form I-213, # 4 Exhibit B - Form I-860, # 5 Exhibit C - NTA, # 6 Exhibit D - Interim Notice Authorizing Parole, # 7 Exhibit E - Petitioner's Rapsheet, # 8 Exhibit F - Form I-200) (Taveras, Tiffany) (Entered: 10/28/2026)

Oct 29, 2026

ORDER. The Court has reviewed 1 the petitioner's petition for a writ of habeas corpus and 5 the government's response. Having reviewed the submissions, the Court finds that the petition "present[s] only issues of law," and it may, therefore, be adjudicated without a hearing. Tumba v. Francis, 813 F. Supp. 3d 394, 397 n.1 (S.D.N.Y. 2025); see also 28 U.S.C. § 2243 (directing courts to "determine the facts, and dispose" of habeas petitions expeditiously, "as law and justice require"). The petitioner, an Ecuadorian national, entered the United States without inspection on August 29, 2023, when he was 18 years old. (ECF No. 5-1 ¶¶ 1, 3.) ICE arrested and detained him the same day, and then issued him a notice of expedited removal. The petitioner subsequently established that he had a credible fear of returning to Ecuador. (Id. ¶¶ 5, 9.) The government served him with an NTA and placed him in standard (non-expedited) removal proceedings. (Id. ¶ 11.) The petitioner was released on parole on October 4, 2023. (ECF No. 5-6.) He filed an application for Special Immigrant Juvenile status on August 4, 2024, which was approved on March 18, 2026. (ECF No. 5-1 ¶¶ 14, 20.) His parole expired in the interim, on October 4, 2024. (Id.) ICE arrested and detained the petitioner again on September 22, 2026, and transferred him to the Metropolitan Detention Center in Brooklyn, New York, on October 21, 2026. (ECF No. 5-1 ¶¶ 22, 29.) Since re-detaining the petitioner, the government has not given him a bond hearing or made any other individualized custody determination. (See generally ECF No. 5.) According to the government, the petitioner is not entitled to an individualized custody determination because he is subject to mandatory detention pursuant to 8 U.S.C. 1225(b)(1)(B)(ii). (See ECF No. 5 at 1.) The government maintains that once his parole expired, the petitioner's detention status "snapped back" to what it was before he was paroled. (Id. at 6.) The Court agrees with the majority of courts in this Circuit in rejecting the government's argument. "As the Second Circuit explained in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), the use of a present participle like 'arriving' or, in that case, 'seeking,' 'denotes the verb's action as being in progress or incomplete at the time expressed by the sentence's principal verb.'" Nimaga v. Francis, No. 26-CV-2868, 2026 WL 1656049, at *5 (E.D.N.Y. June 8, 2026). "In other words, when the INA uses the phrase 'arriving,' it refers to a noncitizen who is arriving 'right now.'" Id. The Court adopts the thorough and well-reasoned analyses in Nimaga, 2026 WL 1656049, and Rivera Casallos v. Moldonado, No. 26-CV-04175, 2026 WL 2267789 (E.D.N.Y. Aug. 6, 2026), in which the courts held that "a noncitizen like Petitioner, who was initially detained under Section 1225(b)(1) but later granted parole under 8 U.S.C. 1182(d)(5)(A)... is not subject to expedited removal and mandatory detention under Section 1225(b)(1) after the parole expires." Nimaga, 2026 WL 1656049, at *5 (collecting cases). "Ultimately, this case is not meaningfully different from the many others in which the Court has repeatedly rejected Respondents statutory interpretation of the INA's detention provisions." Id. at *8. In short, the petitioner is not subject to mandatory detention under Section 1225(b)(1), and he was entitled to due process. Accordingly, the petition for a writ of habeas corpus is granted. The "typical remedy" for "unlawful executive detention" is "of course, release." Munaf v. Geren, 553 U.S. 674, 693 (2008). The government is directed to release the petitioner from custody immediately and within 24 hours of this Order. The government must return to the petitioner any and all funds and/or property that were seized from the petitioner at the time of arrest. The petitioner is entitled to "restoration of the status quo ante." Blandon v. Maldonado, No. 26-CV-1669, 2026 WL 790910, at *6 (E.D.N.Y. Mar. 21, 2026) (citation modified). Therefore, the government must release the petitioner "without any release conditions, including but not limited to any electronic monitoring, such as GPS monitoring." Id.; see also Menjivar Giron v. Genalo, No. 26-CV-1714, 2026 WL 809965, at *6 (E.D.N.Y. Mar. 24, 2026). The government is directed to submit a letter to the Court certifying compliance with this Order within 48 hours of this Order. The Court further 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. The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case. Ordered by Judge Ann M. Donnelly on 10/29/2026. (RS)

Oct 29, 2026

Order(Other)

#6

Oct 30, 2026

Judgment - Clerk

#7

Oct 30, 2026

Letter