Eastern District of New York • 2:26-cv-00028

#1

Jan 02, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19769734, filed by Josue Antonio Leon Santamaria. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Bembi, Bruno) Modified on 1/4/2026 (LJ). (Entered: 01/02/2026)

#2

Jan 02, 2026

Civil Cover Sheet.. by Josue Antonio Leon Santamaria (Bembi, Bruno) (Entered: 01/02/2026)

#3

Jan 04, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 01/04/2026)

Jan 04, 2026

A 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. (LJ)

Jan 04, 2026

Case Assigned to Judge Joanna Seybert. 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. (LJ)

Jan 04, 2026

Case Assigned/Reassigned

Jan 04, 2026

Quality Control Check - Summons

#4

Jan 06, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the U.S. Attorney's Office Re: 1 Petition for Writ of Habeas Corpus filed by Josue Antonio Leon Santamaria; Show Cause Hearing set for 1/12/2026 at 1:00PM before Judge Joanna Seybert. Show Cause Response due by 1/8/2026. Reply, if any, due by 1/9/2026. So Ordered by Judge Joanna Seybert on 1/6/2026. Emailed to usanye-civilhabeas@usdoj.gov. (CV) (Entered: 01/06/2026)

#5

Jan 07, 2026

NOTICE of Appearance by Mary M. Dickman on behalf of All Defendants (notification declined or already on case) (Dickman, Mary) (Entered: 01/07/2026)

#6

Jan 08, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Kristi Noem (Attachments: # 1 Declaration Declaration of Tony Petito, # 2 Exhibit Exhibits A - H to Petito Declaration) (Dickman, Mary) (Entered: 01/08/2026)

#7

Jan 09, 2026

Proposed Summons. by Josue Antonio Leon Santamaria (Bembi, Bruno) (Entered: 01/09/2026)

#8

Jan 09, 2026

Letter by Josue Antonio Leon Santamaria (Bembi, Bruno) (Entered: 01/09/2026)

Jan 09, 2026

ELECTRONIC TRANSFER ORDER RE: LOCATION OF PETITIONER. In their January 8, 2026 Response to Order to Show Cause, Respondents stated, inter alia, Petitioner "was transferred to the Adams County Correctional Center in Natchez, Mississippi, where he remains in custody." In light of the Courts January 6, 2026 Order to Show Cause, which directed, among other things, that "Petitioner is to be produced for [a January 12, 2026] hearing", Respondents are hereby ORDERED to return Petitioner forthwith to this District, the Southern District of New York, or the District of New Jersey, to ensure his presence for the January 12, 2026 in-person hearing on Petitioners Petition. (See ECF No. 4 ("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") (emphasis in original)); see also Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025) (affirming district courts authority to order transfer of Section 2241 habeas/immigration petitioner; directing Government to comply with (modified) district courts non-transfer order by requiring Government to return petitioner to Vermont after having transferring her to Louisiana). Ordered by Judge Joanna Seybert on 1/9/2026. (CG)

Jan 09, 2026

Scheduling Order

#9

Jan 12, 2026

Minute Entry for proceedings held before Judge Joanna Seybert: Civil Cause for Show Cause Hearing held on 1/12/2026. Case called. Counsel for all sides present. The parties presented their oral arguments to the Court. Exhibits were entered into evidence. Decision RESERVED. The Court made the following rulings: The Court recommends that the Petitioner be detained at Delaney Hall Immigration Detention Center in Newark, New Jersey pending his bond hearing, via Microsoft Teams, before the Immigration Court scheduled for January 15, 2026. The parties are directed to file a Status Report on ECF by the close of business on January 16, 2026 as to the outcome of the Bond Hearing before the Immigration Court. Court Reporter: Denise Parisi. (CV) (Entered: 01/13/2026)

#10

Jan 12, 2026

Exhibit and Witness List filed by Josue Antonio Leon Santamaria. (CV) (Entered: 01/13/2026)

#11

Jan 12, 2026

EXHIBIT 1 filed by Josue Antonio Leon Santamaria. (CV) (Entered: 01/13/2026)

Jan 12, 2026

Quality Control Check - Summons

Jan 12, 2026

Proposed summons 7 was not issued for the following reasons: (1) Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION FILLABLE FORM; (2) If multiple defendants, there must be a rider attached to the summons with the name and addresses of all defendants included; (3) The name on the summons does not match the name as it appears on the complaint; (4) The judges are incorrect/not listed; and (5) The name of the Clerk of Court is incorrect. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (CV)

#12

Jan 15, 2026

Letter by Josue Antonio Leon Santamaria (Bembi, Bruno) (Entered: 01/15/2026)

Jan 15, 2026

ELECTRONIC ORDER Re: Letter by Josue Antonio Leon Santamaria. Petitioner has indicated there may be subsequent bond-related proceedings in the Immigration Court. Accordingly, the parties are directed to file a Status Report on ECF by February 16, 2026 as to the outcome of any subsequent bond hearing before the Immigration Court. Ordered by Judge Joanna Seybert on 1/15/2026. (CG)

Jan 15, 2026

Scheduling Order

#13

Jan 23, 2026

Letter by Josue Antonio Leon Santamaria (Bembi, Bruno) (Entered: 01/23/2026)

Jan 23, 2026

Scheduling Order

Jan 23, 2026

ORDER RE: 13 Letter by Josue Antonio Leon Santamaria (the "Letter"). Petitioner's Letter indicates he was denied bond on January 22, 2026 and requests his "petition for habeas corpus be returned to the calendar of this Honorable Court for further proceedings." (Letter at 1.) Defendants are directed to file a response no later than January 26, 2026 by 5 P.M. Petitioner shall file his reply, if any, by no later than January 27, 2026 by 5 P.M. The Court shall conduct an in-person hearing on this matter on January 29, 2026 at 1:00 p.m. (EST) in Courtroom 1030 located in the Central Islip Federal Courthouse; Petitioner is to be produced for said hearing. At the hearing and in their papers, the parties should be prepared to discuss the potential applicability of Rodriguez-Acurio v. Almodovar, No. 2:25-CV-6065, 2025 WL 3314420 (E.D.N.Y. Nov. 28, 2025). Ordered by Judge Joanna Seybert on January 23, 2026. (CG)

#14

Jan 26, 2026

Letter of Respondents Filed Pursuant to Order Entered January 23, 2026, by Kristi Noem (Attachments: # 1 Exhibit Exhibits A - C to Letter-Brief Filed Pursuant to Order Entered January 23, 2026) (Dickman, Mary) (Entered: 01/26/2026)

#15

Jan 27, 2026

Letter by Josue Antonio Leon Santamaria (Bembi, Bruno) (Entered: 01/27/2026)

#16

Jan 29, 2026

Minute Entry for proceedings held before Judge Joanna Seybert: Civil Cause for Show Cause Hearing held on 1/29/2026. Case called. Counsel for all sides present. The parties presented their oral arguments to the Court. The Court made the following rulings: The Petition for Writ of Habeas Corpus filed on January 2, 2026 (ECF No. 1) is hereby GRANTED as noted on the record and below. Respondents are HEREBY ORDERED to IMMEDIATELY RELEASE Petitioner from custody; Respondents are ENJOINED from re-detaining Petitioner without ensuring he receives a bond hearing before an immigration judge to assess whether he poses a flight risk or safety risk; however, in light of the BIA's recent decision rendering such bond hearings futile, IT IS FURTHER ORDERED that pending the issuance of any final removal order against Petitioner, Respondents are enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to Section 1225(b) absent a change in relevant circumstances consistent with this ruling. Respondents are FURTHER ORDERED to certify via a filing on the docket by no later than today at 5pm that the release of Petitioner has been effectuated, at which point, the Court will direct the Clerk of Court to issue judgment and to close this case. As noted on the record, the Court indicates that the Defendant is not a flight risk and does not pose a danger to the community. Court Reporter: Paul Lombardi. (CV) (Entered: 01/29/2026)

#17

Jan 29, 2026

Letter Certifying Petitioner's Release from ICE Custody by Kristi Noem (Dickman, Mary) (Entered: 01/29/2026)

Jan 29, 2026

Order(Other)

Jan 29, 2026

ELECTRONIC ORDER. In light of the filing of Respondents' compliance letter (see ECF No. 17 ) in addition to the Court's minute entry from today's proceeding (see ECF No. 16 ), the Clerk of Court is directed to issue judgment and mark this case as CLOSED. So Ordered by Judge Joanna Seybert on 1/29/2026. (DF)

#18

Jan 30, 2026

CLERK'S JUDGMENT: It is ORDERED AND ADJUDGED that Petitioner Josue Antonio Leon Santamarias petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is granted; that Respondents are enjoined from denying Petitioner bond in any subsequent proceeding on the basis that Petitioner must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances consistent with the January 29, 2026 ruling; and that the case is closed. Ordered by Clerk of Court on 1/30/2026. (JC) (Entered: 01/30/2026)

#19

Mar 31, 2026

AMENDED CLERK'S JUDGMENT: It is ORDERED AND ADJUDGED that Petitioner Josue Antonio Leon Santamaria' s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is granted; that Respondents are enjoined from denying Petitioner bond in any subsequent proceeding on the basis that Petitioner must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances consistent with the January 29, 2026 ruling; and that the case is closed. Signed by Judge Joanna Seybert and Brenna B. Mahoney, Clerk of Court on 3/31/2026. (JC) (Entered: 03/31/2026)