Southern District of New York • 1:26-cv-01616

#1

Feb 26, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32466987) Request for emergency relief to be separately filed..Document filed by W. A. H.H.. (Attachments: # 1 Affidavit Declaration M. Mars, # 2 Exhibit A. 2020 Notice to Appear, # 3 Exhibit B. 2020 Notice of Custody Determination, # 4 Exhibit C. ORR Documentation, # 5 Exhibit D. SIJ Approval Notice, # 6 Exhibit E. Summary of Dispositions, # 7 Exhibit F. Order of Protection, # 8 Exhibit G. 2025 Notice to Appear, # 9 Exhibit H. 2025 Notice of Custody Determination, # 10 Exhibit I. Notice of Termination Re: Deferred Action, # 11 Exhibit J. IJ Bond Decision).(Williams, Elyssa) (Entered: 02/26/2026)

#2

Feb 26, 2026

ORDER : Petitioner shall not be removed from the United States absent further order of this Court. Moreover, in light of Petitioner's interests in participating in further proceedings before this Court and to facilitate resolution of the Petit ion, Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further Order of this Court. This Order will remain in effect unless and until it is va cated or modified by the judge who is assigned to this action. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. (Signed by Judge Katherine Polk Failla, Part I, on 2/26/2026) (tn) Transmission to Office of the Clerk of Court for processing.

#3

Feb 26, 2026

CIVIL COVER SHEET filed..(Williams, Elyssa) (Entered: 02/26/2026)

#4

Feb 27, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Michael A. Cheah on behalf of W. A. H.H..(Cheah, Michael) (Entered: 02/27/2026)

#5

Feb 27, 2026

ORDER: The Stay Order shall remain in effect. In addition, the Court, having examined the petition in this action, hereby ORDERS that: (i) On or before March 2, 2026, the Government shall file a letter with the following information:a.Petitioner&# 039;s A-number and current place of detention;b. The statutory provision(s) under which Respondents assert the authority to detain Petitioner;c.A copy of any final order of removal;d.Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; ande.An indication of whether this case is distinguishable from previous cases decided by this Court. See, e.g., Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF) ; Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF). (ii)On or before March 4, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted. (iii)Petitioner shall have the opportunity t o reply on or before March 11, 2026.(iv)The parties shall appear for a conference regarding the petition on March 13, 2026, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Respondents shall produce Petitioner at this hearing. ( Responses due by 3/4/2026, Replies due by 3/11/2026., Status Conference set for 3/13/2026 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 2/27/2026) (rro)

#6

Feb 27, 2026

MOTION for Leave to File Petition using initials and to redact identifying information . Document filed by W. A. H.H.. (Attachments: # 1 Proposed Order Granting motion for leave to use initials and to redact identifying information).(Cheah, Michael) (Entered: 02/27/2026)

#7

Feb 27, 2026

MEMORANDUM OF LAW in Support re: 6 MOTION for Leave to File Petition using initials and to redact identifying information . . Document filed by W. A. H.H...(Cheah, Michael) (Entered: 02/27/2026)

#8

Feb 27, 2026

LETTER MOTION for Extension of Time to File Answer to March 6, 2026 addressed to Judge Katherine Polk Failla from Tudor Neagu dated February 27, 2026. Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem..(Neagu, Tudor) (Entered: 02/27/2026)

Feb 27, 2026

Case Opening Initial Assignment Notice

Feb 27, 2026

Case Designated ECF. (jgo)

Feb 27, 2026

Magistrate Judge Stewart D. Aaron 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 27, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)

#9

Mar 02, 2026

NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem..(Neagu, Tudor) (Entered: 03/02/2026)

#10

Mar 02, 2026

ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED USING INITIALS AND TO REDACT CERTAIN OTHER IDENTIFYING INFORMATION granting 6 Letter Motion for Leave to File Document. Petitioner's motion to proceed in this case using his initials and to redact certain other identifying information, namely his alien registration number, date of birth, and family members'and friends' last names, is GRANTED. The parties are hereby directed to refer to Petitioner by his initials "W.A.H.H." and to redact supporting documents in a consistent manner. The Clerk of Court is directed to terminate the pending motion at docket entry 6. (Signed by Judge Katherine Polk Failla on 3/2/2026) (rro) (Entered: 03/02/2026)

#11

Mar 02, 2026

ORDER granting 8 Letter Motion for Extension of Time to Answer. Application GRANTED. The Government shall file its opposition to the Petition on or before March 6, 2026. The Court still expects the Government to file a letter by March 2, 2026. The Clerk of Court is directed to terminate the pending motion at docket entry 8. (Signed by Judge Katherine Polk Failla on 3/2/2026) (rro) (Entered: 03/02/2026)

#12

Mar 02, 2026

***STRICKEN DOCUMENT. Document number 12 has been stricken from the case record. The document was stricken from this case pursuant to 14 Order . LETTER addressed to Judge Katherine Polk Failla from Tudor Neagu dated March 2, 2026 re: Answering Court's Questions. Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem..(Neagu, Tudor) Modified on 3/3/2026 (rro). (Entered: 03/02/2026)

Mar 02, 2026

Set/Reset Deadlines: Responses due by 3/6/2026 (rro)

#13

Mar 03, 2026

AMENDED LETTER addressed to Judge Katherine Polk Failla from Tudor Neagu dated March 3, 2026 re: Government's Answers to Questions. Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem..(Neagu, Tudor) (Entered: 03/03/2026)

#14

Mar 03, 2026

MEMO ENDORSEMENT on re: 13 Letter, filed by Kristi Noem, Kenneth Genalo, Paul Arteta, Anna C. Little, Todd M. Lyons, Pamela Bondi. ENDORSEMENT: The Court thanks the Government for this corrected submission. The Clerk of Court is directed to strike docket entry 12. (Signed by Judge Katherine Polk Failla on 3/3/2026) (rro) (Entered: 03/03/2026)

#15

Mar 04, 2026

LETTER addressed to Judge Katherine Polk Failla from Elyssa Williams, Legal Aid Society dated March 4, 2026 re: Factual Errors In Respondents' Letter of March 3, 2026. Document filed by W. A. H.H.. (Attachments: # 1 Exhibit A (ICE Detainee Locator), # 2 Exhibit B (Notice of Pending BIA Appeal)).(Williams, Elyssa) (Entered: 03/04/2026)

#16

Mar 04, 2026

LETTER addressed to Judge Katherine Polk Failla from Tudor Neagu dated March 4, 2026 re: Amended Answers to Questions. Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Exhibit A, Bond Decision).(Neagu, Tudor) (Entered: 03/04/2026)

#17

Mar 05, 2026

MEMO ENDORSEMENT on re: 16 Letter, filed by Kristi Noem, Kenneth Genalo, Paul Arteta, Anna C. Little, Todd M. Lyons, Pamela Bondi. ENDORSEMENT: The Court extends its thanks to both Petitioner's Counsel for their diligence in notifying the Court of potential errors on the record (see Dkt. #15), and the Government for moving quickly to correct those errors and providing the thorough response above (Dkt. #16). In this action, Petitioner is challenging both the lawfulness of his initial detention (due to his Special Immigrant Juvenile status) (see Dkt. #1 84-93), and the process afforded to him upon his detention (see id. 94-97). Based on the Government's above letter, the Court holds that the allocation of proof at Petitioner's initial § 1226(a) bond hearing violated his procedural due process rights under this Court's previous decision in Reyes v. King, No. 19 Civ. 8674 (KPF), 2021 WL 3727614, at *6-7 (S.D.N.Y. Aug. 20, 2021). Consequently, Petitioner's habeas petition is GRANTED IN PART. On or before March 12, 2026, Respondents shall provide Petitioner with a constitutionally adequate bond hearing before an impartial adjudicator at which (i) Respondents must bear the burden of establishing by clear and convincing evidence that continued detention is justified; (ii) the adjudicator must meaningfully consider alternatives to detention; and (iii) the adjudicator must meaningfully consider Petitioner's ability to pay if setting a monetary bond. See Reyes, 2021 WL 3727614, at *11 (ordering a hearing within one week of detention). That said, the Court does not agree with the Government that this relief ends the case. (See Dkt. #16 at 3 n.2). Petitioner challenges not only the process afforded him upon detention, but also the lawfulness of his initial detention. The Court believes that the relief provided above only addresses the former. As such, Petitioner shall file a letter on the docket on or before March 13, 2026, informing the Court of the result of the bond hearing. If Petitioner remains detained after the bond hearing, the Court will schedule briefing and a hearing on Petitioner's due process claims based on his Special Immigrant Juvenile status. Given the above, the conference currently scheduled for March 13, 2026, is hereby ADJOURNED sine die, to be rescheduled in the event that Petitioner remains detained. The submissions associated with that conference, as discussed in docket entry 5, are also ADJOURNED sine die. (Signed by Judge Katherine Polk Failla on 3/5/2026) (rro) (Entered: 03/05/2026)

#18

Mar 13, 2026

LETTER addressed to Judge Katherine Polk Failla from Elyssa Williams, Legal Aid Society dated March 13, 2026 re: bond hearing update and proposed briefing schedule. Document filed by W. A. H.H...(Williams, Elyssa) (Entered: 03/13/2026)

#19

Mar 13, 2026

MEMO ENDORSEMENT on re: 18 Letter filed by W. A. H.H. ENDORSEMENT: The Court thanks the parties for the above update. Petitioner's amended petition shall be filed on or before March 13, 2026. Respondents' response shall be filed on or before March 20, 2026. Petitioner's reply shall be filed on or before March 26, 2026. Unfortunately, due to the Court's trial calendar, it is unavailable for oral argument until the end of April. As such, oral argument on the petition will be held on April 28, 2026, at 4:00 p.m. ( Amended Pleadings due by 3/13/2026., Responses due by 3/20/2026, Replies due by 3/26/2026., Oral Argument set for 4/28/2026 at 04:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/13/2026) (rro) (Entered: 03/13/2026)

#20

Mar 13, 2026

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus,, against Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem, Jeffrey Oestericher, Sirce E. Owen.Document filed by W. A. H.H.. Related document: 1 Petition for Writ of Habeas Corpus,,..(Cheah, Michael) Modified on 3/16/2026 (vf). (Entered: 03/13/2026)

#21

Mar 16, 2026

AMENDED PETITION amending 20 Amended Petition, 1 Petition for Writ of Habeas Corpus,, against Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem, Sirce E. Owen.Document filed by W. A. H.H.. Related document: 20 Amended Petition, 1 Petition for Writ of Habeas Corpus,,..(Cheah, Michael) (Entered: 03/16/2026)

Mar 16, 2026

Notice to Attorney Regarding Deficient Pleading

Mar 16, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael A. Cheah to RE-FILE Document No. 20 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (vf)

#22

Mar 20, 2026

MEMORANDUM OF LAW in Opposition re: 21 Amended Petition, . Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Neagu, Tudor) (Entered: 03/20/2026)

#23

Mar 20, 2026

RESPONSE re: 22 Memorandum of Law in Opposition . Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem, Sirce E. Owen. (Attachments: # 1 Exhibit A, I-213, March 17, 2020, # 2 Exhibit B, First NTA, March 18, 2020, # 3 Exhibit C, Criminal Complaints, Dispositions, and Temporary Restraining Order, # 4 Exhibit D, I-200, March 16, 2025, # 5 Exhibit E, I-213, June 10, 2025, # 6 Exhibit F, Second NTA, June 10, 2025, # 7 Exhibit G, Notice of Custody Determination, June 10, 2025, # 8 Exhibit H, First Bond Denial and Opinion, September 9, 2025, # 9 Exhibit I, Removal Order, # 10 Exhibit J, Second Bond Denial, March 11, 2026, # 11 Exhibit K, Notice of Custody Determination, March 18, 2020, # 12 Exhibit L, USCIS 2022 Memo, # 13 Exhibit M, USCIS 2025 Memo).(Neagu, Tudor) (Entered: 03/20/2026)

#24

Mar 20, 2026

DECLARATION of Deportation Officer Kerryn Irving in Opposition re: 22 Memorandum of Law in Opposition, 23 Response,,,. Document filed by Paul Arteta, Pamela Bondi, Kenneth Genalo, Anna C. Little, Todd M. Lyons, Kristi Noem, Sirce E. Owen..(Neagu, Tudor) (Entered: 03/20/2026)

#25

Mar 26, 2026

REPLY MEMORANDUM OF LAW in Support re: 21 Amended Petition, 23 Response,,, . Document filed by W. A. H.H...(Cheah, Michael) (Entered: 03/26/2026)

#26

Mar 26, 2026

REPLY AFFIRMATION of Miriam Mars in Support re: 21 Amended Petition, 25 Reply Memorandum of Law in Support. Document filed by W. A. H.H...(Cheah, Michael) (Entered: 03/26/2026)

#27

Mar 27, 2026

LETTER MOTION to Seal Exhibits with Petitioner's full name addressed to Judge Katherine Polk Failla from Elyssa Williams, Legal Aid Society dated March 27, 2026. Document filed by W. A. H.H.. (Attachments: # 1 Exhibit 1-10.Notice of Termination of Deferred Action redacted, # 2 Exhibit 23-3.Police Report redacted, # 3 Exhibit 23-7.Notice of Custody Determination redacted).(Williams, Elyssa) (Entered: 03/27/2026)

#28

Mar 27, 2026

ORDER granting 27 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to (i) terminate the pending motion at docket entry 27 and (ii) to maintain docket entries 1-10, 23-3, and 23-7 under seal. SO ORDERED. (Signed by Judge Katherine Polk Failla on 3/27/2026) (ks)

#29

Mar 31, 2026

ORDER: Oral argument on the Amended Petition in the above matter, which is currently scheduled for April 28, 2026, shall hereby take place on April 14, 2026, at 3:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. SO ORDERED. ( Oral Argument set for 4/14/2026 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/31/2026) (jjc)

#30

Apr 14, 2026

ORDER: On April 14, 2026, the Court held a hearing on Petitioner H.H.'s Amended Petition for a Writ of Habeas Corpus. (See Dkt. #21). For the reasons set forth on the record at that hearing, the Amended Petition is GRANTED. Respondents are OR DERED to release Petitioners from custody in the Southern District of New York on or before April 15, 2026. Respondents may impose only the restraints on Petitioner's liberty that existed prior to his detention. Respondents are further ORDERE D to certify compliance with this ORDER no later than 5:00 p.m. on April 17, 2026. See, e.g., Tuma Huamani v. Francis, No. 25 Civ. 8110 (LJL), 2025 WL 3079014, at *9 (S.D.N.Y. Nov. 4, 2025). Petitioner shall file a motion for reasonable attorneys& #039; fees and costs at an appropriate future date. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/14/2026) (mml) Transmission to Orders and Judgments Clerk for processing.

#31

Apr 15, 2026

CLERK'S JUDGMENT re: 30 Order. in favor of W. A. H.H. against Anna C. Little, Kenneth Genalo, Kristi Noem, Pamela Bondi, Paul Arteta, Sirce E. Owen, Todd M. Lyons. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 14, 2026, the Amended Petition is GRANTED. Respondents are ORDERED to release Petitioners from custody in the Southern District of New York on or before April 15, 2026; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 4/15/2026) (Attachments: # 1 Notice of Right to appeal) (nd)

#32

Apr 15, 2026

Letter

Apr 15, 2026

Show Cause Hearing

#33

Jun 01, 2026

Transcript

#34

Jun 01, 2026

Notice of Filing Transcript

#35

Jun 17, 2026

Transcript

#36

Jun 17, 2026

Notice of Filing Transcript

#37

Jun 17, 2026

Transcript

#38

Jul 10, 2026

Transcript

#39

Jul 10, 2026

Notice of Filing Transcript