Eastern District of New York • 2:26-cv-01424

#1

Mar 11, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19994573, filed by Nilson Molina Lara. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Austin, Paige) Modified on 3/12/2026 (LJ). (Entered: 03/11/2026)

#2

Mar 11, 2026

Civil Cover Sheet.. by Nilson Molina Lara (Austin, Paige) Modified on 3/12/2026 (LJ). (Entered: 03/11/2026)

#3

Mar 11, 2026

NOTICE of Appearance by Harold A. Solis on behalf of Nilson Molina Lara (aty to be noticed) (Solis, Harold) Modified on 3/12/2026 (LJ). (Entered: 03/11/2026)

#4

Mar 12, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 03/12/2026)

#5

Mar 12, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Nilson Molina Lara's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that:1. Respondents shall, by 12 p.m. on March 17, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish Petitioner's case from the vast majority of district court cases that have disagreed with Respondents' contention. See Barco Mercado v. Francis, F. Supp. 3d., No. 25-CV-6582 (LAK), 2025 WL 3295903, at *4, *1314 (S.D.N.Y. Nov. 26, 2025) (collecting cases). In particular, Respondents are directed to state:a. What distinguishes Petitioner's case from the numerous other cases in which the petitioner, who had resided in the United States for several years, was found to be improperly detained under 8 U.S.C. § 1225(b)(2). (Pet., Dkt. 1, ¶ 9); Padilla Molina v. DeLeon, No. 25-CV-6526 (JMA), 2025 WL 3718728, at *3 (E.D.N.Y. Dec. 23, 2025) (compiling cases).b. What distinguishes Petitioner's case from other cases in this District finding unconstitutional the re-detainment, without proper notice or opportunity to be heard, of an individual who was placed in the least restrictive setting by the Office of Refugee Resettlement. (Pet., Dkt. 1, ¶ 9); see R.A.R.R. v. Almodovar, No. 25-CV-6597 (PKC), 2026 WL 323040 (E.D.N.Y. Feb. 6, 2026).c. The basis for Petitioner's initial stop on March 11, 2026, which Petitioner alleges was unlawfully race-based. (Pet., Dkt. 1, ¶ 13; see also id. ¶¶ 39–40); Escobar Molina v. U.S. Dep't of Homeland Sec., No. 25-CV-3417 (BAH), --- F. Supp. 3d ----, 2025 WL 3465518, at *13 (D.D.C. Dec. 2, 2025) (drawing from Fourth Amendment standard and granting preliminary injunction upon finding likelihood of plaintiffs' success on the merits, where plaintiffs challenged Department of Homeland Securitys practice of warrantless arrests on statutory grounds).Finally, Respondents are directed to include "affidavits and exhibits... to establish the lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition." See Belqui M. v. Bondi, No. 26-CV-0308 (MJD/SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), R&R adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026).2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same).3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District absent further order of this Court. See Samb v. Joyce, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 3/12/2026. (EB) (Entered: 03/12/2026)

Mar 12, 2026

Case Assigned to Judge Pamela K. Chen. 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. (LJ)

Mar 12, 2026

Case Assigned/Reassigned

Mar 12, 2026

Quality Control Check - Summons

Mar 12, 2026

A summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (LJ)

#6

Mar 17, 2026

Letter Brief in Response to the Court's March 12, 2026 Order by Pam Bondi, Kenneth Genalo, Kristi Noem (Hayes, Richard) (Entered: 03/17/2026)

#7

Mar 18, 2026

REPLY in Support re 1 Petition for Writ of Habeas Corpus filed by Nilson Molina Lara. (Attachments: # 1 Proposed Order Provisionally Granting Habeas Petition) (Solis, Harold) (Entered: 03/18/2026)

#8

Mar 18, 2026

NOTICE of Appearance by Richard K. Hayes on behalf of Pam Bondi, Kenneth Genalo, Kristi Noem (aty to be noticed) (Hayes, Richard) (Entered: 03/18/2026)

#9

Mar 18, 2026

MEMORANDUM AND OPINION: For the reasons stated in the attached Memorandum & Order ("Order"), the Petition for Writ of Habeas Corpus, (Pet., Dkt. 1 ), is GRANTED. Respondents are ordered to release Petitioner from custody immediately and no later than within 24 hours of this Order. Respondents are ordered to release Petitioner subject to the conditions at which he was at liberty before he was detained, without any additional constraints on his liberty. Respondents are further directed to return to Petitioner any and all funds or property seized from Petitioner at the time of his arrest. Respondents are directed to certify compliance with the Court's Order by filing a letter on the docket no later than 6:00 p.m. tomorrow, M arch 19, 2026.The Court further orders that Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conjunction with release (including release o n recognizance or similar instruments), without prior notice to and authorization from the Court. Petitioner must not be re-detained by Respondents without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decis ionmaker, at which Respondents will have the burden of showing that Petitioner's re-detention is authorized under a statutory authority other than Section 1225(b)(2)(A).Petitioner's deadline to apply for fees under the Equal Access to Ju stice Act is within thirty (30) days of a final judgment in this action, which, if Respondents do not appeal, will be April 17, 2026. See 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close this case. Ordered by Judge Pamela K. Chen on 3/18/2026. (EB)

#10

Mar 19, 2026

Letter re Release of Petitioner by Pam Bondi, Kenneth Genalo, Kristi Noem (Schachner, Elliot) (Entered: 03/19/2026)

#11

Mar 19, 2026

CLERK'S JUDGMENT: It is ORDERED AND ADJUDGED that the petition for a writ of habeas is granted; that Respondents are ordered to release Petitioner Nilson Molina Lara from custody immediately, and to submit a letter on the docket within 24 hours of the March 18, 2026 Memorandum and Order confirming Petitioners release; that Petitioners has a deadline of within thirty (30) days to apply for fees under the Equal Access to Justice Act; and that this case is closed. Ordered by Clerk of Court on 3/19/2026. (JC) VACATED and PDF STRICKEN pursuant to Order of Judge Pamela K. Chen. See Order dated 3/25/2026. This entry has been modified on 3/25/2026. (Entered: 03/19/2026)

#12

Mar 25, 2026

AMENDED CLERK'S JUDGMENT: It is ORDERED AND ADJUDGED that the petition for a writ of habeas is granted; that Respondents are ordered to release Petitioner Nilson Molina Lam from custody immediately, and to submit a letter on the docket within 24 hours of the March 18, 2026 Memorandum and Order confirming Petitioner's release; that Petitioner's has a deadline of within thirty (30) days to apply for fees under the Equal Access to Justice Act; and that this case is closed. Ordered by Judge Pamela K. Chen and Clerk of Court, Brenna B. Mahoney on 3/25/2026. (JC) (Entered: 03/25/2026)

Mar 25, 2026

ORDER: The 11 Clerk's Judgment having been entered in error, it is hereby ordered that said Clerk's Judgment is vacated and its PDF is stricken from the record. A corrected judgment shall issue. Ordered by Judge Pamela K. Chen on 3/25/2026. (FA)

Mar 25, 2026

Order(Other)