Eastern District of New York • 1:26-cv-01139

#1

Feb 27, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19953287, filed by Luis Alejandro Tixi Toachi. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Order Order to Show Cause, # 3 Exhibit EX A. I360, # 4 Exhibit EX B. EAS) (Kerben, Reuben) (Entered: 02/27/2026)

#2

Feb 27, 2026

Civil Cover Sheet.. by Luis Alejandro Tixi Toachi (Kerben, Reuben) (Entered: 02/27/2026)

#3

Feb 27, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 02/27/2026)

#4

Feb 27, 2026

Civil Cover Sheet.. by Luis Alejandro Tixi Tocachi (Kerben, Reuben) (Entered: 02/27/2026)

Feb 27, 2026

ORDER REASSIGNING CASE. Case reassigned to Judge Gary R. Brown for all further proceedings. Judge Eric R. Komitee no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 2/27/2026. (CV)

Feb 27, 2026

Notice: Re: Incomplete Civil Cover Sheet

Feb 27, 2026

Case Assigned to Judge Eric R. Komitee. 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. (CV)

Feb 27, 2026

Notice: Case Requires Newly Updated Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed JS-44 (Rev. 12.10.2025; Effective 12.10.2025) Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 12/10/2025 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet. (CV)

Feb 27, 2026

Order Reassigning Case

Feb 27, 2026

Case Assigned/Reassigned

#5

Feb 28, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by Luis Alejandro Tixi Tocachi. In lieu of an emergency bail hearing, the Government shall, within 12 hours of the filing of this Order, file a letter SHOWING CAUSE, if any it has, as to whether it has any particularized reason to believe that Petitioner presents a danger to the community, a flight risk, or otherwise should be detained because of involvement with illegal narcotics, violence, criminal history, firearms, gang affiliation and the like.Ordered by Judge Gary R. Brown on 2/28/2026. (SMF) (Entered: 02/28/2026)

#6

Feb 28, 2026

NOTICE of Appearance by Diane C. Leonardo on behalf of Pamela Bondi, Todd Lyons, Kristi Noem (aty to be noticed) (Leonardo, Diane) (Entered: 02/28/2026)

#7

Feb 28, 2026

Letter to the Honorable Gary R. Brown in response to the Court's order dated February 27, 2026 by Pamela Bondi, Todd Lyons, Kristi Noem (Leonardo, Diane) (Entered: 02/28/2026)

Feb 28, 2026

Order(Other)

Feb 28, 2026

ORDER: In light of the Government's representation to this Court that there is no reason to believe that Petitioner presents a danger to the community or a flight risk, Respondents shall immediately release Petitioner, return all of Petitioner's property (including identification cards) and shall not subject Petitioner to additional conditions of release, including through the issuance of a Form I-220A or enrollment in the ATD program.Petitioner shall be released on his own recognizance pending resolution of the petition, subject to the terms and conditions contained in the Conditions of Release Upon Recognizance. Counsel for Petitioner will, within 48 hours of Petitioners release, file a copy of the Conditions of Release Upon Recognizance executed by Petitioner (including, if appropriate, a certification that it was translated for the Petitioner).Ordered by Judge Gary R. Brown on 2/28/2026. (RJP)

Mar 02, 2026

Order Unrestricting Access to 463 Case. The clerk's office is directed to remove the restriction within this matter. Ordered by Judge Gary R. Brown on 3/2/2026. (KM)

Mar 02, 2026

Order Unrestricting Access to 463 Case

#8

Mar 12, 2026

Notice of Appearance

#9

Apr 01, 2026

Consent MOTION for Extension of Time to File Response/Reply as to 5 Order to Show Cause (463),, by Pamela Bondi, Todd Lyons, Kristi Noem. (Dickman, Mary) (Entered: 04/01/2026)

Apr 02, 2026

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

#10

May 01, 2026

Extension of Time to File Response/Reply

May 04, 2026

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

#11

May 08, 2026

Response to Order to Show Cause

Jul 10, 2026

Order(Other)

Jul 10, 2026

ORDER GRANTING HABEAS PETITION -- Petitioner is citizen of Ecudor who entered the country in October 2019, was apprehended by ICE but then released. He was arrested by ICE again In February 2026 based on an administrative warrant that was issued and executed prior to the issuance of an NTA. The Court released petitioner on his own recognizance following bail determinations on February 28, 2026. The arrest and detention fail for two reasons. First, petitioner was clearly detained based on the notion that 8 U.S.C. Sec. 1225(b)(2)(A) required his mandatory detention, notwithstanding hundreds of district court determinations rejecting this theory. The Second Circuit's determination in Barbosa da Cunha v. Freden, 175 F.4th 61, 7071 (2d Cir. April 28, 2026) similarly rejected this theory. Second, this Court has previously ruled that a petitioner is entitled to habeas relief where an NTA was issued after the issuance and execution of an I-200 administrative warrant because "an I-200 cannot be used to effectuate an arrest before an NTA has been issued." B.P.S. v. Genalo et al., No. 2:26-cv-2923 (GRB) (E.D.N.Y. May 19, 2026) (citing Yeleshev v. LaRocco, No. 26-CV-2294 (SJB), 2026 WL 1353806, at *2 (E.D.N.Y. May 14, 2026)). As counsel properly concedes, these authorities are dispositive of this case, and the writ must issue. Based on the foregoing, the Writ is GRANTED. The Clerk is directed to close the case. Ordered by Judge Gary R. Brown on 7/10/2026. (Brown, Gary) Ordered by Judge Gary R. Brown on 7/10/2026. (Brown, Gary)

Jul 13, 2026

Order(Other)

#12

Jul 14, 2026

Judgment