Eastern District of New York • 2:26-cv-00118

#1

Jan 09, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19790435, filed by Juan S Covelli-Chaparro. Was the Disclosure Statement on Civil Cover Sheet completed -No,,(Attachments: # 1 Civil Cover Sheet) (Corrado, Carolyn) Modified on 1/9/2026 (SMF). (Entered: 01/09/2026)

#2

Jan 09, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 01/09/2026)

#3

Jan 09, 2026

ORDER TO SHOW CAUSE: As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Monday, January 12, 2026 at 5:00 pm. Petitioners Reply, if any, shall be filed by Wednesday, January 14, 2026 at 5:00 pm. The parties are further ORDERED TO appear before this Court for a hearing on the petition on Thursday, January 15, 2026 at 12:30 pm. The hearing will be held in Courtroom 1040 of the Alfonse DAmato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. To preserve the Courts jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Intl Longshoremens Assn, AFL-CIO v. New York Shipping Assn, 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). Additionally, in light of Petitioners interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that 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.See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioners transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendants habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enft, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioners transfer and prohibiting respondent from transferring Petitioner to another detention facility during the pendency of the stay); 28 U.S.C. § 1651(a) (empowering courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law). Within 24 hours of issuance of this Order, Petitioner's counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorneys Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorneys Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 1/9/2026. (MMC) (Entered: 01/09/2026)

#4

Jan 09, 2026

SUMMONS Returned Executed by Juan S Covelli-Chaparro. Pam Bondi served on 1/9/2026, answer due 1/30/2026; Brian Flanagan served on 1/9/2026, answer due 1/30/2026; Todd M. Lyons served on 1/9/2026, answer due 1/30/2026; Kristi Noem served on 1/9/2026, answer due 1/30/2026., SUMMONS Returned Executed by Juan S Covelli-Chaparro. Pam Bondi served on 1/9/2026, answer due 1/30/2026; Brian Flanagan served on 1/9/2026, answer due 1/30/2026; Todd M. Lyons served on 1/9/2026, answer due 1/30/2026; Kristi Noem served on 1/9/2026, answer due 1/30/2026. (Corrado, Carolyn) (Entered: 01/09/2026)

#5

Jan 09, 2026

SUMMONS Returned Executed by Juan S Covelli-Chaparro. (Corrado, Carolyn) (Entered: 01/09/2026)

Jan 09, 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. (SMF)

Jan 09, 2026

ORDER: By Saturday, January 10, 2026 at 2:00 pm, Respondents must file a letter on the docket informing the Court of the current status and location of Petitioner's detention. The Clerk of Court is directed to email this Order to the Chief of the Civil Division of the U.S. Attorneys Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 1/9/2026. (MMC)

Jan 09, 2026

Order

Jan 09, 2026

Quality Control Check - Summons

Jan 09, 2026

Case Assigned/Reassigned

Jan 09, 2026

Order(Other)

Jan 09, 2026

Case Assigned to Judge Nusrat J. Choudhury. 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. (SMF)

#6

Jan 10, 2026

NOTICE of Appearance by Diane C. Leonardo on behalf of Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem (aty to be noticed) (Leonardo, Diane) (Entered: 01/10/2026)

#7

Jan 10, 2026

Letter to the Honorable Nusrat J. Choudhury in response to the Court's order dated January 9, 2026 by Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem (Attachments: # 1 Declaration) (Leonardo, Diane) (Entered: 01/10/2026)

#8

Jan 12, 2026

ORDER TO PRODUCE. The United States District Court for the Eastern District of New York commands U.S. Immigration and Customs Enforcement to have petitioner Juan S Covelli-Chaparro, who is presently detained in the Nassau County Correctional Center, 100 Carman Avenue, East Meadow, NY 11554, but is set to be transferred to Delaney Hall Detention Facility, 451 Doremus Avenue, Newark, New Jersey, to be brought under safe and secure custody to Courtroom 1040, before the Honorable Nusrat J. Choudhury, United States District Judge, at the United States Courthouse for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722, on Thursday, January 15, 2026 at 12:30 PM. Ordered by Judge Nusrat J. Choudhury on 1/12/2026. (MMC) (Entered: 01/12/2026)

#9

Jan 12, 2026

Letter regarding need for interpreter in the Spanish language by Juan S Covelli-Chaparro (Corrado, Carolyn) (Entered: 01/12/2026)

#10

Jan 12, 2026

REPLY in Opposition filed by Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Declaration, # 2 Exhibit Arrest Warrant, NTA) (Leonardo, Diane) (Entered: 01/12/2026)

Jan 12, 2026

Order(Other)

Jan 12, 2026

Order

Jan 12, 2026

Order: Petitioner's counsel is directed to notify the Court by 5pm on 1/12/2026 whether the petitioner requires a court interpreter for the hearing scheduled before the undersigned on 1/15/2026. Ordered by Judge Nusrat J. Choudhury on 1/12/2026. (BMM)

Jan 12, 2026

ORDER: The Court has reviewed Respondent's January 10, 2026 letter informing the Court of the current location of Petitioner's detention. (ECF No. 7 .) In light of Respondent's representation that Petitioner will be transferred to Delaney Hall Detention Facility in Newark, New Jersey, Respondents are ordered to file a letter with the Court confirming the details of Petitioner's detention once he has been transferred. Ordered by Judge Nusrat J. Choudhury on 1/12/2026. (MMC)

#11

Jan 13, 2026

ORDER: See the attached Amended Order to Produce, which supersedes the Order to Produce issued on January 12, 2026 (ECF No. 8 ). Ordered by Judge Nusrat J. Choudhury on 1/13/2026. (MMC) (Entered: 01/13/2026)

Jan 13, 2026

Order

Jan 13, 2026

ORDER: On January 9, 2026, Juan S Covelli-Chaparro filed a petition for a writ of habeas corpus, seeking release from detention in Immigration and Customs Enforcement (ICE) custody. This Court issued an Order to Show Cause (ECF No. 3 ) requiring Respondents to respond by January 12, 2026. On January 12, 2026, in lieu of filing a memorandum of law accompanied by any supporting factual submissions, Respondents submitted a letter to the Court attaching a Declaration from Tony Petito, an ICE Supervisory Detention and Deportation Officer with the following attachments: a January 8, 2026 Warrant for Arrest of Alien (Form 1-200); a Department of Homeland Security (DHS) Notice to Appear dated December 12, 2022; and a DHS Record for Deportable/Inadmissible Alien (Form I-213) dated January 8, 2026, all of which relate to Mr. Covelli-Chaparro. (ECF No. 10 .) The Response to the Order to Show Cause asserts: "While the government respectfully disagrees with the Court's decision in Rodriguez-Acurio [v. Almodovar, No. 25-cv-6065, 2025 WL 3314420 (E.D.N.Y. Nov. 28, 2025)], the government acknowledges that the decision would control the result in this case if the Court adheres to that decision, as the facts of this case are materially indistinguishable from those in Rodriguez-Acurio. Thus to conserve judicial resources and to expedite the Court's consideration of this case, the government hereby relies upon, and incorporates by reference, the legal arguments it presented in Rodriguez-Acurio and respectfully submits that this Court can decide this matter without further briefing." (Id.) Respondents also reserve their right to appeal any decision this Court may issue to resolve the Petition. (Id.)The Petito Declaration recounts numerous facts of which Mr. Petitio lacks personal knowledge, including facts relating to immigration court proceedings that apparently related to the Petitioner and were, according to Petito, dismissed in 2024. (ECF No. 10-1 paras 7-14.) Petito attests that he makes these statements "based on my review of DHS administrative and electronic records and consultation with my colleagues." (Id. at para. 1.) But he has provided none of the documents to the Court that would support any of the "facts" set forth in paragraphs 7 through 14 of his declaration and any statements based on his "consultation with... colleagues" are hearsay. Additionally, the Petito Declaration fails to provide the Form I-862 Notice of Appear referenced in paragraph 18. Finally, the Response fails to identify whether Respondents assert that Mr. Covelli-Chaparro is detained under 8 U.S.C. § 1225(b)(1), 8 U.S.C. § 1225(b)(2), 8 U.S.C. § 1226(c), and/or some other provision of the Immigration and Nationality Act. Nor does the Response confirm that all documents material to Respondents' asserted statutory basis for detaining Mr. Covelli-Chaparro are included in the January 12, 2026 submission.Accordingly, by Wednesday, January 14, 2026 at 10:00 AM, Respondents must file a supplemental submission addressing the deficiencies identified above and confirming that Respondents have provided all documents demonstrating why Petitioner's detention in ICE custody is lawful. Ordered by Judge Nusrat J. Choudhury on 1/13/2026. (MMC)

Jan 13, 2026

Order(Other)

#12

Jan 14, 2026

Letter in Reply to Respondents by Juan S Covelli-Chaparro (Attachments: # 1 Exhibit DHS Notice of Custody Determination, # 2 Exhibit Notice to Appear dated 12/12/2022, # 3 Exhibit Immigration Judge's Order on Motion to Dismiss, # 4 Exhibit Documents related to assault on Petitioner, # 5 Exhibit Notice to Appear dated 1/8/26, # 6 Exhibit Warranted dated 1/8/26, # 7 Exhibit Form I-830) (Corrado, Carolyn) (Entered: 01/14/2026)

#13

Jan 15, 2026

ORDER: For the reasons set forth in the attached Opinion and Order, and as stated on the record during the January 15, 2026 Show Cause Hearing (Min. Entry, Jan. 15, 2026), Mr. Covelli-Chaparro's Petition for a Writ of Habeas Corpus (("Petition"), ECF No. 1 ) is GRANTED in its entirety. Pending the issuance of any final removal order against Mr. Covelli-Chaparro, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances consistent with this Opinion and Order. The Clerk of Court is respectfully directed to close this case. Ordered by Judge Nusrat J. Choudhury on 1/15/2026. (MMC) (Entered: 01/15/2026)

Jan 15, 2026

Writ Hearing

Jan 15, 2026

MINUTE ENTRY: A Show Cause Hearing was held before Judge Nusrat J. Choudhury on January 15, 2026 at 12:30 PM. Carolyn Corrado appeared for Juan Covelli-Chaparro. Mr. Covelli-Chaparro was present at the Show Cause Hearing pursuant to the Court's Order to Produce (ECF No. 11 .) Diane C. Leonardo appeared for Respondents. The proceedings were translated to Mr. Covelli-Chaparro by Spanish interpreter Nicolas Penchaszadeh. Court reporter Jamie Stanton was also present.The Court heard argument from the parties regarding Mr. Covelli-Chaparro's Petition for a Writ of Habeas Corpus (ECF No. 1 ).Respondents produced Mr. Covelli-Chaparro at the courtroom shackled in handcuffs and through procedures reserved for criminal defendants, even though Mr. Covelli-Chaparro is a civil detainee. Neither Respondents' counsel nor Immigration and Customs Enforcement ("ICE") notified the Court or requested permission to do so.For the reasons explained on the record, which are to be set forth in more detail and in a forthcoming written Opinion and Order, the Petition for a Writ of Habeas Corpus (ECF No. 1 ), which is made pursuant to 28 U.S.C. § 2241, was granted.Respondents were ordered to immediately release Mr. Covelli-Chaparro from ICE custody and were enjoined from re-detaining him under 8 U.S.C. § 1225(b), absent a change in relevant circumstances consistent with the forthcoming written Opinion and Order. (BMM) Modified on 1/27/2026 (BMM).

Jan 15, 2026

Show Cause Hearing

Jan 15, 2026

MINUTE ENTRY: A Show Cause Hearing was held before Judge Nusrat J. Choudhury on January 15, 2026 at 12:30 PM. Carolyn Corrado appeared for Juan Covelli-Chaparro. Mr. Covelli-Chaparro was present at the Show Cause Hearing pursuant to the Court's Order to Produce (ECF No. 11 .) Diane C. Leonardo appeared for Respondents. The proceedings were translated to Mr. Covelli-Chaparro by Spanish interpreter Nicolas Penchaszadeh. Court reporter Jamie Stanton was also present. The Court heard argument from the parties regarding Mr. Covelli-Chaparro's Petition for a Writ of Habeas Corpus (ECF No. 1 ). Respondents produced Mr. Covelli-Chaparro at the courtroom shackled in handcuffs and through procedures reserved for criminal defendants, even though Mr. Covelli-Chaparro is a civil detainee. Neither Respondents' counsel nor Immigration and Customs Enforcement ("ICE") notified the Court or requested permission to do so.For the reasons explained on the record, which are to be set forth in more detail and in a forthcoming written Opinion and Order, the Petition for a Writ of Habeas Corpus (ECF No. 1 ), which is made pursuant to 28 U.S.C. § 2241, was granted. Respondents were ordered to immediately release Mr. Covelli-Chaparro from ICE custody and were enjoined from re-detaining him under 8 U.S.C. § 1225(b), absent a change in relevant circumstances consistent with the forthcoming written Opinion and Order. (MMC)

Jan 19, 2026

ORDER TO SHOW CAUSE: As discussed during the January 15, 2026 hearing on the Petition for a Writ of Habeas Corpus (See Min. Entry, Jan. 15, 2026; ECF No. 1 ), Respondents report that they brought Petitioner to Court through the loading dock and detention cells used by the United States Marshals Service for defendants in criminal cases and, additionally, kept Mr. Covelli-Chaparro handcuffed in the courtroom for the duration of the hearing without notice or advance permission of the Court. As stated on the record, by Wednesday, January 21, 2026 at 5:00 pm, Respondents must file a submission addressing (1) what policy and/or guidelines they are operating under when bringing people in Immigration and Customs Enforcement ("ICE") custody to the Alfonse D'Amato Courthouse in the Eastern District of New York ("EDNY"); (2) whether ICE has been trained on procedures and guidelines for appearing in federal court in the EDNY; (3) what legal authority, policies, and/or procedures permit ICE to maintain civil habeas petitioners in handcuffs or other restraints when in the courtroom of a U.S. District Judge in the Alfonse D'Amato Courthouse; and (4) what legal authority, policies, and/or procedures permit ICE to use USMS facilities to produce individuals in ICE custody for federal court proceedings, including hearings on petitions for writ of habeas corpus under 28 U.S.C. §2241. Ordered by Judge Nusrat J. Choudhury on 1/19/2026. (MMC)

Jan 19, 2026

Order to Show Cause

#14

Jan 20, 2026

MOTION for Extension of Time to File Response/Reply to the Court's January 19, 2026 order to show cause by Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem. (Leonardo, Diane) (Entered: 01/20/2026)

#15

Jan 21, 2026

CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Petitioner Juan S. Covelli-Chaparros petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is granted; that, pending the issuance of any final removal order against Petitioner, 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 15, 2026 Opinion and Order; and that the case is closed. Ordered by Clerk of Court on 1/21/2026. (HM) (Entered: 01/21/2026)

Jan 27, 2026

ORDER: The Court has reviewed Respondents' Motion for an Extension of Time ("Motion") to respond to the Court's Order to Show Cause. (See ECF No. 14 ; Elec. Order, Jan. 19, 2026.) The Court grants Respondents' Motion and orders that their response to the Court's Order to Show Cause must be filed no later than February 20, 2026. Ordered by Judge Nusrat J. Choudhury on 1/27/2026. (MMC)

Jan 27, 2026

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

Jan 27, 2026

Show Cause Hearing

#16

Feb 17, 2026

MOTION for Extension of Time to File Response/Reply to the Court's Order to Show Cause dated January 19, 2026 by Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem. (Leonardo, Diane) (Entered: 02/17/2026)

Feb 18, 2026

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

Feb 18, 2026

ORDER: The Court has reviewed Respondents motion requesting an extension of time to response to the Courts January 19, 2026 Order to Show Cause. This is Respondents second request for an extension, made on consent. The Court grants Respondents motion in part, and orders that their response is due on February 27, 2026. No further extensions will be granted. Ordered by Judge Nusrat J. Choudhury on 2/18/2026. (MMC)

#17

Feb 27, 2026

Letter to the Honorable Nusrat J. Choudhury in response to the Court's Order to Show Cause by Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem (Leonardo, Diane) (Entered: 02/27/2026)

#18

Mar 05, 2026

ORDER: Since the issuance of this Court's January 19, 2026 Order to Show Cause, Respondents have voluntarily ceased the practice of keeping persons detained by ICE in handcuffs during habeas petition hearings without notice or permission from the Court--the practice that gave rise to the Court's Order. In light of Respondents' voluntary cessation, there is no need for further inquiry into the matter at this time. * * * Respondents' February 27, 2026 letter suggests that this Court's inquiry into the handcuffing of a habeas petitioner during a hearing reflects an improper inquiry into matters not presented by the parties. Respondents are quite mistaken. This case is one alleging illegal detention, and one in which Respondents were found to have acted in violation of law. (See ECF No. 13 .) An inquiry about procedures--including the shackling of parties--before a Court lies at the heart of the Court's ability to control and manage its own courtroom and procedures. See United States v. Smith, 426 F.3d 567, 576 (2d Cir. 2005) ("It is the district judge who is best equipped to decide the extent to which security measures should be adopted to prevent disruption of the trial, harm to those in the courtroom, escape of the accused, and the prevention of other crimes."); see also Chambers v. NASCO, Inc., 501 U.S. 32, 43 (1991) (affirming the authority of a court "to manage their own affairs so as to achieve the orderly and expeditious disposition of cases"); Farr v. Greiner, No. 01-cr-6921, 2007 WL 1094160, at *15 (E.D.N.Y. Apr. 10, 2007) ("Generally, a trial judge possesses wide latitude to maintain control over the courtroom to ensure the integrity of the proceedings.).Ordered by Judge Nusrat J. Choudhury on 3/5/2026. (MMC) (Entered: 03/05/2026)

#19

Mar 26, 2026

AMENDED CLERK'S JUDGMENT: It is ORDERED AND ADJUDGED that Petitioner Juan S. Covelli-Chaparros petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is granted; that, pending the issuance of any final removal order against Petitioner, 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 15, 2026 Opinion and Order; and that the case is closed. Signed by Judge Nusrat J. Choudhury and Clerk of Court, Brenna B. Mahoney on 3/26/2026. (JC) (Entered: 03/26/2026)