Southern District of New York • 1:26-cv-00451
Diaz Grefa v. LaDeon Francis
Active
Case Information
Filed: January 16, 2026
Assigned to:
Andrew Lamar Carter Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in Habeas Corpus: INS
Active
Last Activity:
May 01, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 16, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32278635) Request for emergency relief to be separately filed..Document filed by Marco Patricio Diaz Grefa..(Urbelis, Alexander) (Entered: 01/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 16, 2026
FILING ERROR - DEFICIENT - SIGNATURE ERROR - CIVIL COVER SHEET filed..(Urbelis, Alexander) Modified on 1/20/2026 (vf). (Entered: 01/16/2026)
Main Document:
Civil Cover Sheet
#3
Jan 16, 2026
ORDER STAYING REMOVAL AND TRANSFER (Signed by Judge J. Paul Oetken (Part I) on 1/16/2026) (Oetken, J.) Transmission to Office of the Clerk of Court for processing.
#4
Jan 20, 2026
CIVIL COVER SHEET filed..(Urbelis, Alexander) (Entered: 01/20/2026)
Main Document:
Civil Cover Sheet
Jan 20, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(vf)
Jan 20, 2026
Notice to Attorney Regarding Party Modification
Jan 20, 2026
Notice to Attorney Regarding Case Opening Statistical Error Correction
Jan 20, 2026
Case Designated ECF. (vf)
Jan 20, 2026
Magistrate Judge Sarah Netburn 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. (vf)
Jan 20, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexander Joseph Urbelis to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Form is not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf)
Jan 20, 2026
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexander Joseph Urbelis. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf)
Jan 20, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexander Joseph Urbelis. The party information for the following party/parties has been modified: LaDeon Francis, Pamela Bondi, Kristi Noem, Todd M. Lyons. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
Jan 20, 2026
Notice to Attorney Regarding Deficient Civil Cover Sheet
Jan 20, 2026
Case Opening Initial Assignment Notice
#5
Jan 22, 2026
ORDER TO SHOW CAUSE AS TO WHY THE HABEAS PETITION SHOULD NOT BE GRANTED, It is hereby ORDERED, that Defendants SHOW CAUSE in writing as to why this Court should not order Petitioner immediately released; and it is further ORDERED that Plaintiff serve a copy of this Order and all supporting papers, to the extent not previously served, on Defendants or their counsel, on or before 5:00 p.m. on January 23, 2026, via overnight mail and such service shall be deemed good and sufficient service; and it is further ORDERED that answering papers, if any, shall be served upon the attorneys for the Petitioner by delivering copies thereof to its office or filing by ECF on or before 5:00 p.m. on January 26, 2026; and it is further ORDERED that reply papers, if any, shall be served by hand or by ECF on or before 5:00 p.m. on January 28, 2026; and it is further ORDERED that the Parties appear for a telephonic hearing regarding the petition at 4:00 p.m. on January 30, 2026. All Parties shall appear and should contact the Court at and should contact the Court at at 1-855-244-8681 (access code: 2305 370 0226#). Courtesy copies shall be delivered in accordance with Judge Carter's Individual Practices. SO ORDERED. ( Replies due by 1/28/2026., Telephone Conference set for 1/30/2026 at 04:00 PM before Judge Andrew L. Carter Jr..) Show Cause Response due by 1/26/2026. (Signed by Judge Andrew L. Carter, Jr on 1/22/26) (yv) (Entered: 01/22/2026)
Main Document:
Order to Show Cause AND ~Util - Set Deadlines/Hearings
#6
Jan 24, 2026
AFFIDAVIT OF SERVICE. Document filed by Marco Patricio Diaz Grefa..(Urbelis, Alexander) (Entered: 01/24/2026)
Main Document:
Affidavit of Service as to USA
#7
Jan 26, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Kristi Noem, LaDeon Francis, Pamela Bondi, Todd M. Lyons..(Waterman, Brandon) (Entered: 01/26/2026)
Main Document:
Notice of Appearance
#8
Jan 26, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated January 26, 2026 re: The government's response to the petition. Document filed by Kristi Noem, LaDeon Francis, Pamela Bondi, Todd M. Lyons. (Attachments: # 1 Exhibit I-200 (Warrant of Arrest), # 2 Exhibit I-213 (Record of Deportable/Inadmissible Alien), # 3 Exhibit I-862 (Notice to Appear)).(Waterman, Brandon) (Entered: 01/26/2026)
Main Document:
Letter
#9
Jan 28, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Alexander Urbelis dated January 28, 2026 re: Habeas Ruling Requested and Court Conference. Document filed by Marco Patricio Diaz Grefa..(Urbelis, Alexander) (Entered: 01/28/2026)
Main Document:
Letter
#10
Jan 29, 2026
AMENDED CONFERENCE ORDER: The telephonic conference previously scheduled for 4:00 p.m. on January 30, 2026 is hereby rescheduled to 3:30 p.m. on January 30, 2026. All Parties shall appear and should contact the Court at 1-855-244-8681 (access code: 2305 370 0226#). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/29/2026) ( Telephone Conference set for 1/30/2026 at 03:30 PM before Judge Andrew L. Carter Jr..) (ks)
#11
Jan 30, 2026
For the reasons stated on the record, the petition for writ of habeas corpus is GRANTED. Respondents are ORDERED to immediately release Petitioner. Petitioner shall be subject to the same conditions that were in place prior to his detention. Further, Respondents are enjoined from re-detaining Petitioner under Section 1225(b)(2)(A). If Petitioner is re-detained on separate grounds, he should be entitled to a bond hearing, and at that bond hearing, Respondents would have the burden to justify detention. Respondents are ORDERED to certify compliance with this Order by 8 pm today. In addition, by April 2, 2026, the Parties are ORDERED to file a joint status report regarding the motion for fees. In the report, the Parties shall indicate whether they have come to an agreement on fees, or if they have agreed on a briefing schedule for the fee motion. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 01/30/2026)
#12
Jan 30, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated January 30, 2026 re: Confirming petitioner's release. Document filed by Kristi Noem, LaDeon Francis, Pamela Bondi, Todd M. Lyons..(Waterman, Brandon) (Entered: 01/30/2026)
Main Document:
Letter
Jan 30, 2026
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 1/30/2026. See Docket No. 11. (tdh)
Jan 30, 2026
Order
Feb 03, 2026
Telephone Conference
#13
Feb 04, 2026
PROPOSED ORDER. Document filed by Marco Patricio Diaz Grefa. (Attachments: # 1 Proposed Order (Letter-Motion with proposed order re ECF No. 11)) Related Document Number: 11 ..(Urbelis, Alexander) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/04/2026)
Main Document:
Proposed Order
Feb 06, 2026
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 13 Proposed Order, was reviewed and approved as to form. (tp)
Feb 06, 2026
Notice to Court Regarding Proposed Order
#14
Feb 11, 2026
LETTER MOTION to Compel (Letter Motion to Enforce January 30, 2026 Order (ECF No. 11) addressed to Judge Andrew L. Carter, Jr. from Alexander J. Urbelis dated February 11, 2026. Document filed by Marco Patricio Diaz Grefa..(Urbelis, Alexander) (Entered: 02/11/2026)
Main Document:
Compel
#15
Feb 11, 2026
LETTER MOTION to Compel (Corrected Letter Motion to Enforce January 30, 2026 Order (ECF No. 11)) addressed to Judge Andrew L. Carter, Jr. from Alexander J. Urbelis dated February 11, 2026. Document filed by Marco Patricio Diaz Grefa. (Attachments: # 1 Exhibit A - Feb 6 email to DOJ, # 2 Exhibit B - Feb 8 email to DOJ, # 3 Exhibit C - Feb 9 email from Officer Ryan, # 4 Exhibit D - Feb 9 email to Officer Ryan, # 5 Exhibit E - Feb 11 Letter to DOJ, # 6 Proposed Order re Motion to Enforce).(Urbelis, Alexander) (Entered: 02/11/2026)
Main Document:
Compel
#16
Feb 18, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Alexander J. Urbelis dated February 18, 2026 re: Status Update. Document filed by Marco Patricio Diaz Grefa..(Urbelis, Alexander) (Entered: 02/18/2026)
Main Document:
Letter
#17
Mar 09, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Alexander J. Urbelis dated March 9, 2026 re: status update. Document filed by Marco Patricio Diaz Grefa..(Urbelis, Alexander) (Entered: 03/09/2026)
Main Document:
Letter
#18
Mar 10, 2026
ORDER : For the reasons stated on the record during the hearing of January 30, 2026 at 3:30 pm, the Petition for Writ of Habeas Corpus is GRANTED. Respondents are ORDERED to immediately release Petitioner. Petitioner shall be subject to the same c onditions that were in place prior to his detention. Further, Respondents are enjoined from re-detaining Petitioner under Section 1225(b)(2)(A). If Petitioner is re-detained on separate grounds, he should be entitled to a bond hearing, and at that b ond hearing, Respondents would have the burden to justify detention. Respondents are ORDERED to certify compliance with this Order by 8:00 PM January 30, 2026. In addition, by April 2, 2026, the Parties are ORDERED to file a joint status report re garding the motion for fees. In the report, the Parties shall indicate whether they have come to an agreement on fees, or if they have agreed on a briefing schedule for the fee motion. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/10/26) (yv)
#19
Mar 10, 2026
ORDER terminating 14 Letter Motion to Compel; terminating 15 Letter Motion to Compel. Respondents are hereby directed to file a letter by March 13, 2026 certifying that Mr. Diaz Grefa's supervision conditions are in compliance with the C ourt's January 30, 2026 Order (Dkt. No. 11). Respondents are further directed that any future modification of Mr. Diaz Grefa's conditions of supervision beyond those in place prior to his detention shall require prior Court approval. To obtain such approval, Respondents must file a letter with the Court. The Clerk of Court is respectfully directed to terminate the pending motions at Dkt. Nos. 14-15. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/10/26) (yv)
#20
Mar 12, 2026
TRANSCRIPT of Proceedings held on 1/30/2026 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Marissa Lewandowski, (631) 813-9335. 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 4/2/2026. Redacted Transcript Deadline set for 4/13/2026. Release of Transcript Restriction set for 6/10/2026. (ras) (Entered: 03/12/2026)
Main Document:
Transcript
#21
Mar 12, 2026
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a proceeding held on 1/30/2026 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... (ras) (Entered: 03/12/2026)
Main Document:
Notice of Filing Transcript
#22
Mar 13, 2026
LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated March 13, 2026 re: Response to the Court's Order (ECF No. 19). Document filed by Kristi Noem, LaDeon Francis, Pamela Bondi, Todd M. Lyons..(Waterman, Brandon) (Entered: 03/13/2026)
Main Document:
Letter
#23
Apr 20, 2026
Letter
Main Document:
Letter
#24
Apr 20, 2026
Letter
Main Document:
Letter
#25
May 01, 2026
ORDER TERMINATING CASE: The Court's Order dated March 10, 2026, granted Petitioner's Petition for Writ of Habeas Corpus (ECF No. 18). Based upon that Order, and the Respondent's April 20, 2026, certification of compliance (ECF No. 24), this case is terminated. The Clerk of Court is respectfully requested to close the case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/1/2026) (ar)
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