Southern District of New York • 1:26-cv-01063

#1

Feb 06, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32378999) Request for emergency relief to be separately filed..Document filed by Jose Eduardo Cabrera Castro. (Attachments: # 1 Exhibit 1 - I-360 Approval Notice, # 2 Exhibit 2 - USCIS Interview Notice, # 3 Exhibit 3 - Webcrim Printout, # 4 Exhibit 4 - Termination Order, # 5 Exhibit 5 - Custody Order).(Urbelis, Alexander) (Entered: 02/06/2026)

#2

Feb 06, 2026

CIVIL COVER SHEET filed..(Urbelis, Alexander) (Entered: 02/06/2026)

#3

Feb 06, 2026

ORDER STAYING REMOVAL AND TRANSFER (Signed by Judge Edgardo Ramos (Part I) on 2/6/2026) (Ramos, J.) Transmission to Office of the Clerk of Court for processing. (Entered: 2/6/2026)

#4

Feb 09, 2026

NOTICE OF CONFERENCE: The conference will be held remotely by telephone. The parties should join the conference by calling the Court's dedicated conference line at (646) 453-4442 and using access code 1189355 103, followed by the pound (#) key . When prompted for an attendee ID number, press the pound (#) key again. No later than 10:00 p.m. today, February 9, 2026, Petitioner's counsel shall (1) serve Respondents with a copy of the Petition and accompanying papers, along with a copy of this Order, by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. (And as further set forth herein.) SO ORDERED. (Telephone Conference set for 2/11/2026 at 11:00 AM before Judge Jennifer H. Rearden.) (Signed by Judge Jennifer H. Rearden on 2/9/2026) (jca)

#5

Feb 09, 2026

NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem..(Neagu, Tudor) (Entered: 02/09/2026)

#6

Feb 09, 2026

LETTER addressed to Judge Jennifer H. Rearden from Alexander J. Urbelis dated February 9, 2026 re: status of service. Document filed by Jose Eduardo Cabrera Castro. (Attachments: # 1 Exhibit A - 2/9/26 correspondence to Respondents, # 2 Exhibit B - 2.9.26 correspondence to Mr, Neagu).(Urbelis, Alexander) (Entered: 02/09/2026)

Feb 09, 2026

Case Opening Initial Assignment Notice

Feb 09, 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; Paul Arteta; 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;. (jgo)

Feb 09, 2026

Case Designated ECF. (jgo)

Feb 09, 2026

Magistrate Judge Barbara C. Moses 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. (jgo)

Feb 09, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(jgo)

Feb 09, 2026

Notice to Attorney Regarding Party Modification

#7

Feb 10, 2026

LETTER addressed to Judge Jennifer H. Rearden from Tudor Neagu dated February 10, 2026 re: Joint Letter and Government's Opposition. Document filed by Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit A, Government's Opposition Brief in Weng v. Genalo).(Neagu, Tudor) (Entered: 02/10/2026)

#8

Feb 10, 2026

MEMO ENDORSEMENT on re: 7 Letter, filed by Kristi Noem, Paul Arteta, Todd M. Lyons, LaDeon Francis, Pamela Bondi ENDORSEMENT: Application GRANTED. The conference previously scheduled for February 11, 2026 is adjourned sine die. The parties shall file a letter updating the Court on the status of the case by February 13, 2026. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/10/2026) (jca) (Entered: 02/10/2026)

#9

Feb 13, 2026

JOINT LETTER addressed to Judge Jennifer H. Rearden from Alexander J. Urbelis dated February 13, 2026 re: status update. Document filed by Jose Eduardo Cabrera Castro..(Urbelis, Alexander) (Entered: 02/13/2026)

#10

Feb 17, 2026

MEMO ENDORSEMENT on re: 9 Letter filed by Jose Eduardo Cabrera Castro. ENDORSEMENT: Application GRANTED IN PART. The Court adopts the briefing schedule set fo1th herein. The parties' request for leave to file notices of supplemental authority in the event the Second Circuit issues a decision in Da Cunha v. Moniz, No. 25-3141 (2d Cir.) is granted. The Court will determine if a hearing on the amended petition is necessa1y once briefing is complete. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 2/17/2026) (jca) (Entered: 02/17/2026)

Feb 17, 2026

Set/Reset Deadlines: Amended Pleadings due by 3/6/2026. Replies due by 4/3/2026. (jca)

#11

Mar 06, 2026

AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus, against Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem.Document filed by Jose Eduardo Cabrera Castro. Related document: 1 Petition for Writ of Habeas Corpus,. (Attachments: # 1 Supplement Redline of Petition and Amended Petition, # 2 Exhibit 1 - Petitioner's Approved Form I-360, # 3 Exhibit 2 - Immigration Judge Order Terminating Proceedings, # 4 Exhibit 3 - USCIS I-485 Interview Notice, # 5 Exhibit 4 - EOIR ROP, # 6 Exhibit 5 - Notice to Appear, # 7 Exhibit 6 - NY WebCrim Printout, # 8 Exhibit 7 - 2015 Custody Determination of the Immigration Judge Granting Bond).(Urbelis, Alexander) (Entered: 03/06/2026)

#12

Mar 20, 2026

LETTER addressed to Judge Jennifer H. Rearden from Tudor Neagu dated March 20, 2026 re: Government's Letter Memorandum of Law in Opposition to the Amended Petition. Document filed by Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Supplement Government's Opposition Brief in Weng v. Genalo).(Neagu, Tudor) (Entered: 03/20/2026)

#13

Mar 20, 2026

LETTER addressed to Judge Jennifer H. Rearden from Tudor Neagu dated March 20, 2026 re: Government's Corrected Letter Memorandum of Law in Opposition to the Amended Petition. Document filed by Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Supplement Government's Opposition Brief in Weng v. Genalo).(Neagu, Tudor) (Entered: 03/20/2026)

#14

Mar 20, 2026

RESPONSE re: 13 Letter, . Document filed by Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit A, Form I-213, Record of Deportable-Inadmissible Alien, May 28, 2015, # 2 Exhibit B, First NTA, July 8, 2015, # 3 Exhibit C, Warrant for Arrest of Alien, Form I-200, July 21, 2015, # 4 Exhibit D, Notice of Custody Determination, Form I-286, July 21, 2015, # 5 Exhibit E, Bond Order, August 27, 2015, # 6 Exhibit F, Warrant for Arrest of Alien, Form I-200, January 15, 2026, # 7 Exhibit G, Second NTA, January 15, 2026).(Neagu, Tudor) (Entered: 03/20/2026)

#15

Mar 20, 2026

DECLARATION of Deportation Officer Dmitry Rousseau in Opposition re: 13 Letter, 14 Response,,. Document filed by Paul Arteta, Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem..(Neagu, Tudor) (Entered: 03/20/2026)

#16

Mar 23, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Allison Fleming on behalf of Jose Eduardo Cabrera Castro.(Fleming, Allison) (Entered: 03/23/2026)

#17

Mar 31, 2026

LETTER MOTION for Extension of Time addressed to Judge Jennifer H. Rearden from Alexander J. Urbelis and Tudor M. Neagu dated March 31, 2026. Document filed by Jose Eduardo Cabrera Castro..(Urbelis, Alexander) (Entered: 03/31/2026)

#18

Apr 03, 2026

ORDER granting 17 Letter Motion for Extension of Time. Application GRANTED. Petitioner's deadline to reply is extended to April 10, 2026. The Clerk of Court is directed to terminate ECF No. 17. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/3/2026) (jca) (Entered: 04/03/2026)

Apr 03, 2026

Set/Reset Deadlines: Replies due by 4/10/2026. (jca)

#19

Apr 10, 2026

REPLY re: 11 Amended Petition,, (Plaintiff's Reply in Support of Petition for Writ of Habeus). Document filed by Jose Eduardo Cabrera Castro. (Attachments: # 1 Supplement Word Count Affirmation).(Urbelis, Alexander) (Entered: 04/10/2026)

#20

Apr 10, 2026

LETTER MOTION for Conference or Oral Argument on the pending Amended Petition for Writ of Habeas Corpus addressed to Judge Jennifer H. Rearden from Alexander J. Urbelis dated April 10, 2026. Document filed by Jose Eduardo Cabrera Castro..(Urbelis, Alexander) (Entered: 04/10/2026)

#21

Apr 14, 2026

LETTER addressed to Judge Jennifer H. Rearden from Alexander Urbelis dated April 14, 2026 re: material developments re pending petition. Document filed by Jose Eduardo Cabrera Castro..(Urbelis, Alexander) (Entered: 04/14/2026)

#22

Apr 17, 2026

MEMO ENDORSEMENT on re: 21 Letter filed by Jose Eduardo Cabrera Castro. ENDORSEMENT: By April 20, 2026, Petitioner is directed to file a status update regarding whether he has been "re-detain[ed]...under immigration authority." See ECF No. 21. If Petitioner has not been re-detained, the letter shall address whether his Petition is moot. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/17/2026) (mml) (Entered: 04/17/2026)

#23

Apr 20, 2026

LETTER addressed to Judge Jennifer H. Rearden from Alexander J. Urbelis dated April 20, 2026 re: status update in response to the Court's April 17, 2026 order. Document filed by Jose Eduardo Cabrera Castro..(Urbelis, Alexander) (Entered: 04/20/2026)

#24

Apr 29, 2026

ORDER: By May 7, 2026, Respondents shall explain how the Second Circuit's recent decision in Cunha v. Freden, No. 25-3141-pr (2d Cir. Apr. 28, 2026), ECF No. 78, affects this case, if at all, and propose next steps in this matter. Petitioner may respond, if he wishes, by May 14, 2026. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 4/29/2026) (jca)

#25

May 11, 2026

ORDER On April 29, 2026, the Court ordered Respondents to file a letter by May 7, 2026, "explain[ing] how the Second Circuit's recent decision in Cunha v. Freden, No. 25-3141-pr (2d Cir. Apr. 28, 2026), ECF No. 78, affects this case, if at all, and propos[ing] next steps in this matter." ECF No. 24. Respondents have not filed the requisite letter. As a one-time courtesy, the Court sua sponte extends the deadline for Respondents' letter nunc pro tunc to May 14, 2026. Petitioner may respond, if he wishes, by May 21, 2026. SO ORDERED. (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (jtr) (Entered: 05/11/2026)

May 11, 2026

Order

#26

May 12, 2026

Letter

#27

May 14, 2026

MEMORANDUM OPINION & ORDER re: 20 LETTER MOTION for Conference or Oral Argument on the pending Amended Petition for Writ of Habeas Corpus addressed to Judge Jennifer H. Rearden from Alexander J. Urbelis dated April 10, 2026. filed by Jose Eduardo Cabrera Castro. For the foregoing reasons, the Amended Petition is GRANTED. Respondents are ORDERED to cause an individualized bond hearing for Petitioner to be conducted before an Immigration Judge pursuant to 8 U.S.C. § 1226(a) by Thursday, May 21, 2026. See, e.g., Sun, 2025 WL 3241268, at *3 (ordering, after petitioner had been detained for fifteen days, that an "individualized bond hearing... be conducted... within six (6) business days"); Barbakadze, 2025 WL 3719 620, at *2 (ordering, after petitioner had been detained for fifteen days, a bond hearing... within seven (7) days); Wang v. Genalo, No. 25 Civ. 9460 (JGK), 2025 WL 3471222, at *1 (S.D.N.Y. Dec. 3, 2025) (ordering, after petitioner had been detained for twenty-one days, "a bond hearing... within seven (7) days"); Da Cunha, 2025 WL 3280575, at *7 (ordering, after petitioner had been detained for twenty-four days, a bond hearing... within ten (10) days); cf. Xiaoquan Chen v. Almodovar, N o. 25-3169, ECF No. 49.1 (2d Cir. May 6, 2026) (ordering, after petitioner had been detained for approximately seven months, see Chen v. Almodovar, 815 F. Supp. 3d 314, 317 (S.D.N.Y. 2025), that Petitioner be released... pending disposition of his ap peal")."At the hearing, the Government shall bear the burden to prove, by clear and convincing evidence, that the petitioner is a danger to the community or a risk of flight." See, e.g., Wang, 2025 WL 3471222, at *1; Velasco Lopez v. D ecker, 978 F.3d 842, 856-57 (2d Cir. 2020) (upholding order "requiring the Government to prove that [petitioner] is a danger to the community or a flight risk by clear and convincing evidence to justify his continued detention"). If the Imm igration Judge orders Petitioner's release, Respondents are directed to (i) inform counsel for Petitioner as to the expected time and place of Petitioners release, (ii) immediately transport Petitioner back to the Southern District of New York , and (iii) immediately upon effectuating his transfer, release him from custody. Respondents are further directed to file a letter updating the Court on the status of this matter by Friday, May 22, 2026. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 5/14/2026) (jca)

#28

May 14, 2026

CLERK'S JUDGMENT re: 27 Memorandum Opinion & Order. in favor of Jose Eduardo Cabrera Castro against Kristi Noem, LaDeon Francis, Pamela Bondi, Paul Arteta, Todd M. Lyons. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated May 13, 2026, the Amended Petition is GRANTED. (Signed by Clerk of Court Tammi M Hellwig on 5/14/2026) (Attachments: # 1 Notice of right to appeal) (nd)

May 14, 2026

Transmission to Orders and Judgments Clerk

#29

May 22, 2026

Letter