Southern District of New York • 1:26-cv-00398

#1

Jan 15, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32270273) Request for emergency relief to be separately filed..Document filed by Franklin Ivan Pastuna Pastuna..(Reiff, Lauren) (Entered: 01/15/2026)

#2

Jan 15, 2026

CIVIL COVER SHEET filed..(Reiff, Lauren) (Entered: 01/15/2026)

#3

Jan 15, 2026

EMERGENCY MOTION for Order to Show Cause . Document filed by Franklin Ivan Pastuna Pastuna..(Reiff, Lauren) (Entered: 01/15/2026)

#4

Jan 15, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Rebecca Deanne Rubin on behalf of Franklin Ivan Pastuna Pastuna.(Rubin, Rebecca) (Entered: 01/15/2026)

#5

Jan 15, 2026

ORDER TO ANSWER, 28 U.S.C. § 2241: Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that no later than Friday, January 16, 2026, at noon, Respondents shall file a letter with the following information: a. whether Petitioner was, as the Petition alleges, see ECF No. 1, paragraph 1, located in the Southern District of New York at the time that the Petition was filed and, if not, what District Petitioner was in at the time of filing and whether the Petition should be immediately transferred to that District, see, e.g., ztürk v. Hyde, 136 F.4th 382, 391-92 (2d Cir. 2025); Khalil v. Joyce, 771 F. Supp. 3d 268 (S.D.N.Y. 2025); b. Petitioner's A-number and current place of detention; c. the statutory provision(s) under which Respondents assert the authority to detain Petitioner; d. a copy of any final order of removal; and e. any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. The parties shall appear for a conference with the Court in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007 on Friday, January 16, 2026 at 3:00 p.m. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. The Clerk of Court is respectfully directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. (And as further set forth herein.) SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/15/2026) (jca) (Entered: 01/15/2026)

Jan 15, 2026

Case Opening Initial Assignment Notice

Jan 15, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Jan 15, 2026

Set/Reset Hearings: Status Conference set for 1/16/2026 at 03:00 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni. (jca)

Jan 15, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lauren M. Reiff. The party information for the following party/parties has been modified: LaDeon Francis, Acting Director Todd M. Lyons, Secretary Kristi Noem, Pamela Bondi, DEPARTMENT OF HOMELAND SECURITY. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (pc)

Jan 15, 2026

Case Designated ECF. (pc)

Jan 15, 2026

Notice to Attorney Regarding Party Modification

Jan 15, 2026

Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

#6

Jan 16, 2026

NOTICE OF APPEARANCE by Jeremy Liss on behalf of Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Liss, Jeremy) (Entered: 01/16/2026)

#7

Jan 16, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Melissa Lim Chua on behalf of Franklin Ivan Pastuna Pastuna.(Chua, Melissa) (Entered: 01/16/2026)

#8

Jan 16, 2026

LETTER addressed to Judge Valerie E. Caproni from Jeremy M. Liss dated 1/16/2026 re: the Court's Order to Answer at 5 . Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Liss, Jeremy) (Entered: 01/16/2026)

#9

Jan 16, 2026

LETTER addressed to Judge Valerie E. Caproni from Jeremy M. Liss dated 1/16/2026 re: Proposed Briefing Schedule. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Liss, Jeremy) (Entered: 01/16/2026)

#10

Jan 16, 2026

MEMO ENDORSEMENT on re: 9 Letter, filed by U.S. Department of Homeland Security, Kristi Noem, LaDeon Francis, Executive Office For Immigration Review, Todd Lyons, Pamela Bondi. ENDORSEMENT: The Government's opposition brief will be due Tuesday, January 20, 2026, no later than 3:00 p.m. and the Petitioner's reply brief will be due Thursday, January 22, 2026, no later than 3:00 p.m. The conference currently scheduled for 3:00 p.m. on Friday, January 16, 2026, is now adjourned to Friday, January 23, 2026, at 2:30 p.m. in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007. SO ORDERED. ( Responses due by 1/20/2026, Replies due by 1/22/2026., Status Conference set for 1/23/2026 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/16/2026) (tg) (Entered: 01/16/2026)

#11

Jan 20, 2026

RESPONSE re: 1 Petition for Writ of Habeas Corpus . Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6).(Liss, Jeremy) (Entered: 01/20/2026)

#12

Jan 20, 2026

DECLARATION of Deportation Officer Michael Charles in Opposition. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Liss, Jeremy) (Entered: 01/20/2026)

#13

Jan 20, 2026

MEMORANDUM OF LAW in Opposition . Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A).(Liss, Jeremy) (Entered: 01/20/2026)

#14

Jan 22, 2026

REPLY MEMORANDUM OF LAW in Support re: 3 EMERGENCY MOTION for Order to Show Cause . . Document filed by Franklin Ivan Pastuna Pastuna..(Reiff, Lauren) (Entered: 01/22/2026)

#15

Jan 23, 2026

ORDER: IT IS HEREBY ORDERED that for the reasons articulated during the hearing, the Petition for Writ of Habeas Corpus at Dkt. 1 is GRANTED. Respondents are ordered to release Petitioner from custody by 5:00 p.m. today, Friday, January 23, 2026, and certify compliance via a letter on the docket no later than 9:00 a.m. tomorrow, Saturday, January 24, 2026. IT IS FURTHER ORDERED that no later than Tuesday, January 27, 2026, Respondents must brief their authority, if any consistent with this Order, to (1) re-detain Petitioner without a valid exercise of discretion; (2) deny bond to Petitioner in any subsequent proceeding on the ground that he must be detained on these grounds absent a change in relevant circumstances; (3) invoke the automatic stay provision at 8 C.F.R. § 1003.19(i)(2) in the event that Petitioner is granted bond; or (4) impose other conditions of release or burdens on Petitioner's liberty, such as an ankle monitor. Alternatively, Respondents can confirm - via the letter due no later than 9:00 a.m. tomorrow, Saturday, January 24, 2026 - that they will take none of those steps with respect to Petitioner without prior notice of at least one week to him and the Court. If Respondents file a brief regarding their authority, Petitioner's response is due no later than Thursday, January 29, 2026. SO ORDERED. ( Brief due by 1/27/2026., Responses to Brief due by 1/29/2026) (Signed by Judge Valerie E. Caproni on 1/23/2026) (tg) (Entered: 01/23/2026)

#16

Jan 23, 2026

LETTER addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated January 23, 2026 re: Notification of Petitioner's Release. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 01/23/2026)

#17

Jan 23, 2026

LETTER addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated January 23, 2026 re: Correction Regarding Petitioner's Release. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Waterman, Brandon) (Entered: 01/23/2026)

Jan 23, 2026

Minute Entry for proceedings held before Judge Valerie E. Caproni: Status Conference held on 1/23/2026. Attorneys Lauren Reiff and Rebecca Rubin present for the petitioner. Attorney Jeremy Liss present for the respondent. Paralegal David Feldman present. Court Reporter Rebecca Forman present. (anc)

#18

Jan 27, 2026

LETTER addressed to Judge Valerie E. Caproni from Jeremy M. Liss dated 1/27/2026 re: the Order at 15 . Document filed by Todd Lyons, U.S. Department of Homeland Security..(Liss, Jeremy) (Entered: 01/27/2026)

Jan 28, 2026

Status Conference

#19

Feb 12, 2026

TRANSCRIPT of Proceedings re: MOTION held on 1/23/2026 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2026. Redacted Transcript Deadline set for 3/16/2026. Release of Transcript Restriction set for 5/13/2026..(Moya, Goretti) (Entered: 02/12/2026)

#20

Feb 12, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 1/23/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 02/12/2026)

#21

Apr 23, 2026

MOTION for Attorney Fees . Document filed by Franklin Ivan Pastuna Pastuna..(Reiff, Lauren) (Entered: 04/23/2026)

#22

Apr 23, 2026

AFFIRMATION of Lauren Reiff in Support re: 21 MOTION for Attorney Fees .. Document filed by Franklin Ivan Pastuna Pastuna. (Attachments: # 1 Exhibit Calculation of Hours).(Reiff, Lauren) (Entered: 04/23/2026)

#23

Apr 23, 2026

MEMORANDUM OF LAW in Support re: 21 MOTION for Attorney Fees . . Document filed by Franklin Ivan Pastuna Pastuna..(Reiff, Lauren) (Entered: 04/23/2026)

#24

Apr 24, 2026

LETTER addressed to Judge Valerie E. Caproni from Jeremy M. Liss dated 4/24/2026 re: Petitioner's EAJA Application. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security..(Liss, Jeremy) (Entered: 04/24/2026)

#25

Apr 28, 2026

ORDER denying without prejudice 21 Motion for Attorney Fees. IT IS HEREBY ORDERED that the Clerk of Court enter judgment in favor of Petitioner Franklin Ivan Pastuna Pastuna and CLOSE this case. IT IS FURTHER ORDERED that Petitioner's Motion for Attorney Fees at Dkt. 21 is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that an application by Petitioner for attorneys' fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, may be filed not later than 30 days after the Government's time to appeal the final judgment in this action has expired. See United States v. 27.09 Acres of Land, 1 F.3d 107, 111 (2d Cir. 1993) ("The 30-day EAJA clock begins after the time to appeal that 'final judgment' has expired." (citing Melkonyan v. Sullivan, 501 U.S. 89, 95-96 (1991))). The Government's response to Petitioner's EAJA application must be filed not later than 30 days after any such application is made. Petitioner's reply in support of his EAJA application must be filed not later than 15 days after the Government's response is submitted. Although the Court has set a briefing schedule for the anticipated motion, the parties are encouraged to explore whether they can reach a negotiated resolution as to fees. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/28/2026) (tg) (Entered: 04/28/2026)

Apr 28, 2026

Transmission to Orders and Judgments Clerk. Transmitted re: 25 Order on Motion for Attorney Fees,,,,,, to the Orders and Judgments Clerk. (tg)

May 05, 2026

Transmission to Orders and Judgments Clerk

#26

May 07, 2026

CLERK'S JUDGMENT re: 25 Order on Motion for Attorney Fees in favor of Franklin Ivan Pastuna Pastuna against Executive Office For Immigration Review, Kristi Noem, LaDeon Francis, Pamela Bondi. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 28, 2026, judgment is entered in favor of Petitioner Franklin Ivan Pastuna Pastuna. Petitioner's Motion for Attorney Fees at Dkt. 21 is DENIED WITHOUT PREJUDICE; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 5/7/2026) (Attachments: # 1 Appeal Package) (km) (Entered: 05/07/2026)

May 07, 2026

Terminate Transcript Deadlines (km)

#27

Jul 06, 2026

FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Liss, Jeremy) Modified on 7/6/2026 (tp). (Entered: 07/06/2026)

#28

Jul 06, 2026

NOTICE OF APPEAL from 26 Clerk's Judgment,,. Document filed by Pamela Bondi, Executive Office For Immigration Review, LaDeon Francis, Kristi Noem, Todd Lyons, U.S. Department of Homeland Security. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Liss, Jeremy) (Entered: 07/06/2026)

Jul 06, 2026

Notice to Attorney Regarding Deficient Appeal

Jul 06, 2026

Transmission of Notice of Appeal and Docket Sheet to USCA

Jul 06, 2026

Appeal Record Sent to USCA - Electronic File

Jul 06, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Jeremy Liss to RE-FILE Document No. 27 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)

Jul 06, 2026

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 28 Notice of Appeal. (tp)

Jul 06, 2026

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 28 Notice of Appeal, filed by U.S. Department of Homeland Security, Kristi Noem, LaDeon Francis, Executive Office For Immigration Review, Todd Lyons, Pamela Bondi were transmitted to the U.S. Court of Appeals. (tp)

#29

Jul 09, 2026

NOTICE OF APPEARANCE by Alexandra Zaretsky on behalf of Franklin Ivan Pastuna Pastuna..(Zaretsky, Alexandra) (Entered: 07/09/2026)