Southern District of New York • 1:26-cv-03334

#1

Apr 22, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32740442) Request for emergency relief to be separately filed..Document filed by A.P.A.. (Attachments: # 1 Errata A - 2023 Bond Order).(Jessurun, Anna) (Entered: 04/22/2026)

#2

Apr 22, 2026

CIVIL COVER SHEET filed..(Jessurun, Anna) (Entered: 04/22/2026)

#3

Apr 22, 2026

MOTION to Seal for leave to proceed under pseudonym. Document filed by A.P.A.. (Attachments: # 1 Proposed Order Granting Leave to Proceed Under Pseudonym).(Jessurun, Anna) (Entered: 04/22/2026)

#4

Apr 23, 2026

NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 04/23/2026)

#5

Apr 23, 2026

ORDER: The Court is in receipt of the habeas corpus petition. Dkt. 1. The petition is partially granted as follows: Respondents are enjoined from transferring petitioner to any location outside the Southern District of New York, the Eastern Distr ict of New York, or the District of New Jersey absent this Court's prior approval. Respondents are ordered to file their response to the pending petition for habeas corpus by April 27, 2026 at 5:00 PM. That briefing should address (1) the basi s for petitioner's detention, (2) the circumstances of the arrest, (3) whether petitioner has previously been detained in immigration custody and released (and under what authority), (4) what process petitioner was given, and (5) depending on the basis for detention, whether it is distinguishable from the issue addressed in the Court's prior ruling in J.G.O. v. Francis, 2025 WL 3040142 (S.D.N.Y. Oct. 28, 2025). Petitioner may submit a reply by April 29, 2026 at 5:00 PM. The Clerk of Court is respectfully directed to send a copy of this order to Jeffrey.Oestericher@usdoj.gov. (Signed by Judge Arun Subramanian on 4/23/2026) (sgz)

#6

Apr 23, 2026

ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED UNDER PSEUDONYM granting 3 Motion to Seal. Upon consideration of Petitioner's Motion for Leave to Proceed Under Pseudonym and for good cause shown, the motion is GRANTED. It is her eby ORDERED that Petitioner is given leave to proceed under the pseudonym A.P.A.IT IS FURTHER ORDERED that any documents that refer to his identity or contain identifying details, including but not limited to his Alien Registration Number, shall filed on the public docket in redacted form and, if necessary, with unredacted copies filed under seal. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 3. (Signed by Judge Arun Subramanian on 4/23/2026) (sgz)

#7

Apr 23, 2026

CERTIFICATE OF SERVICE of Petition for Writ of Habeas Corpus and Motion for Leave to Proceed Under Pseudonym served on Respondents on 4/23/26. Service was made by mail. Document filed by A.P.A...(Jessurun, Anna) (Entered: 04/23/2026)

Apr 23, 2026

Case Opening Initial Assignment Notice

Apr 23, 2026

Case Designated ECF. (pc)

Apr 23, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. 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..(pc)

Apr 23, 2026

Magistrate Judge Sarah L. Cave 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. (pc)

#8

Apr 24, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alexandra Lynn Lampert on behalf of A.P.A..(Lampert, Alexandra) (Entered: 04/24/2026)

#9

Apr 27, 2026

RESPONSE re: 1 Petition for Writ of Habeas Corpus, 5 Order to Answer, 28 U.S.C. 2241,,,, . Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit A, Record of Deportable-Inadmissible Alien, Form I-213, Apr. 21, 2026_Redacted, # 2 Exhibit B, New York Criminal Repository Inquiry, Mar. 22, 2026_Redacted, # 3 Exhibit C, Warrant for Arrest, Form I-200, Apr. 21, 2026_Redacted, # 4 Exhibit D, Rockland County Criminal Disposition, Sep. 8, 2022_Redacted, # 5 Exhibit E, Order of Protection, Aug. 1, 2022_Redacted, # 6 Exhibit F, Warrant for Arrest, Form I-200, Nov. 1, 2022_Redacted, # 7 Exhibit G, Notice to Appear, Nov. 1, 2022_Redacted, # 8 Exhibit H, Notice of Custody Determination, Form I-286, Nov. 1, 2022_Redacted, # 9 Exhibit I, Removal Order, Jan. 28, 2025_Redacted, # 10 Exhibit J, Order Granting Bond, Feb. 8, 2023_Redacted).(Neagu, Tudor) (Entered: 04/27/2026)

#10

Apr 27, 2026

DECLARATION of Deportation Officer Dmitry Rousseau in Opposition re: 9 Response,,,. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 04/27/2026)

#11

Apr 27, 2026

LETTER addressed to Judge Arun Subramanian from Tudor Neagu dated April 27, 2026 re: Government's Letter Brief in Opposition to the Petition. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 04/27/2026)

#12

Apr 29, 2026

CONSENT LETTER MOTION to Seal /Strike Unredacted Exhibits and Replace with Correctly Redacted Exhibits addressed to Judge Arun Subramanian from Tudor Neagu dated April 29, 2026. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit A, Record of Deportable-Inadmissible Alien, Form I-213, Apr. 21, 2026_Redacted, # 2 Exhibit F, Warrant for Arrest, Form I-200, Nov. 1, 2022_Redacted, # 3 Exhibit I, Removal Order, Jan. 28, 2025_Redacted, # 4 Exhibit J, Order Granting Bond, Feb. 8, 2023_Redacted, # 5 Exhibit Declaration of Deportation Officer Dmitry Rousseau_Redacted).(Neagu, Tudor) (Entered: 04/29/2026)

#13

Apr 29, 2026

ORDER granting in part 12 Letter Motion to Seal. GRANTED IN PART. The Court will not strike the exhibits, but will place them under seal. The Clerk of Court is respectfully directed to seal Dkts. 9-1, 9-6, 9-9, 9-10, and 10. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 12. SO ORDERED. (Signed by Judge Arun Subramanian on 4/29/2026) (sgz)

#14

Apr 29, 2026

REPLY MEMORANDUM OF LAW in Support re: 1 Petition for Writ of Habeas Corpus, . Document filed by A.P.A...(Jessurun, Anna) (Entered: 04/29/2026)

#15

Apr 30, 2026

ORDER: The Court will hold a hearing on the petition at 11 a.m. on May 6, 2026, in Courtroom 15A of the 500 Pearl Street Courthouse. Respondents are directed to produce the petitioner for the hearing. Respondents are also directed to bring a witness who they contend made the individualized determination to detain (and not just arrest) the petitioner. Should petitioner require a Spanish interpreter, petitioner's counsel should notify Chambers by email at least two business days before the hearing. SO ORDERED. Status Conference set for 5/6/2026 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 4/30/2026) (sgz) (Entered: 04/30/2026)

#16

May 05, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Lucas S. Marquez on behalf of A.P.A..(Marquez, Lucas) (Entered: 05/05/2026)

#17

May 06, 2026

ORDER : As stated on the record during the May 6, 2026, hearing: Respondents are directed to meet and confer with petitioner's counsel and submit a letter by 5pm on Thursday, May 7, 2026 stating whether they will voluntarily consent to the pet itioner's release; If respondents do not consent to release, both parties are to submit letters on or before 5pm on Friday, May 8, 2026, that provides their best circuit or Supreme Court authorities supporting why, or why not, the proper remedy upon the denial of an initial custody/parole revocation determination should be release as opposed to the furnishing of that determination. Additionally, petitioner's counsel may address any other issues they wish to raise and respondents should address the circumstances of the May 4 custody determination. SO ORDERED. (Signed by Judge Arun Subramanian on 5/6/2026) (jca)

#18

May 07, 2026

LETTER addressed to Judge Arun Subramanian from Tudor Neagu dated May 7, 2026 re: No Voluntary Release and Redacted Velesaca Documents. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Supplement I-286 and Velesaca Form, May 4, 2026, Redacted).(Neagu, Tudor) (Entered: 05/07/2026)

#19

May 08, 2026

LETTER addressed to Judge Arun Subramanian from Anna K. Jessurun dated May 8, 2026 re: Order of May 6, 2026 (ECF No. 17). Document filed by A.P.A...(Jessurun, Anna) (Entered: 05/08/2026)

#20

May 08, 2026

LETTER addressed to Judge Arun Subramanian from Tudor Neagu dated May 8, 2026 re: Government's Response to Court's May 6, 2026 Order. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 05/08/2026)

#21

May 14, 2026

ORDER: Respondents advised the Court at the evidentiary hearing in this matter that, shortly before the hearing, they conducted what they believed to be an individualized determination that petitioner should be detained. For clarity of the record, a nd given respondents' prior representations, respondents are directed to submit a letter by 5 p.m. on Monday, May 18, 2026, confirming that ICE (1) complied with the procedural requirements stipulated in the settlement agreement in Velesaca v. D ecker, No. 20 Civ. 1803, Dkt. 177, in this case and (2) that it is following, and will follow moving forward, those procedures for all persons arrested and/or detained in this district (regardless of field office). SO ORDERED. (Signed by Judge Arun Subramanian on 5/14/2026) (jca)

#22

May 19, 2026

ORDER: The Court directed respondents to submit a letter regarding the procedures in Velesaca v. Decker by 5 p.m. on Monday, May 18, 2026, at 5 p.m. Dkt. 21.Respondents failed to submit any letter and have not sought any extension. Respondents are ORDERED to submit the letter by 9 a.m. tomorrow, Wednesday, May 20, 2026. SO ORDERED. (Signed by Judge Arun Subramanian on 5/19/2026) (tg)

#23

May 20, 2026

LETTER addressed to Judge Arun Subramanian from Tudor Neagu dated May 20, 2026 re: Individualized Custody Determination. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin..(Neagu, Tudor) (Entered: 05/20/2026)

#24

Jun 03, 2026

OPINION AND ORDER: The petitioner in this habeas corpus action is currently in immigration detention. Respondents justified his detention under 8 U.S.C. § 1225(b)(2)(A), but the Second Circuit has since rejected their reading of the statute and has held that petitioners like the one in this case may be detained only under 8 U.S.C. § 1226(a). Given the Second Circuit's decision, there is no question that petitioner's rights were violated. The main question in this case is wha t relief is due. The Court concludes that petitioner is not entitled to immediate, unconditional release, but is entitled to a fresh custody determination and, if necessary, a burden-shifted bond hearing in front of an immigration judge. As further s et forth in this Order, The petition is GRANTED and A.P.A. is ordered conditionally released unless respondents comply with the following requirements: Respondents are directed to provide A.P.A. with a new custody determination within 48 hours in line with the Court's opinion. Should A.P.A. be denied release, then within two days, respondents should provide the Court with an explanation of the individualized determination it provided to A.P.A. as specified above, including whether its de termination was based, in whole or in part, on A.P.A.'s prior conviction. If A.P.A. is denied release (or if A.P.A. wishes to challenge the terms of his release, including the amount of any bond), then respondents are also directed to provide A. P.A. with a bond hearing within seven days of the adverse determination, where the burden is on the government to justify detention by clear and convincing evidence. Respondents are directed to submit a letter to the Court with the outcome of the new custody hearing within 48 hours after it happens, along with a transcript or audio recording of the hearing. The Clerk of Court is respectfully directed to enter judgment granting the petition and granting conditional release, unless respondents pr ovide A.P.A. with the relief specified above. The Courtretains jurisdiction over this case for any further necessary proceedings. SO ORDERED. (Signed by Judge Arun Subramanian on 6/3/2026) (ar) Transmission to Orders and Judgments Clerk for processing.

#25

Jun 04, 2026

CLERK'S JUDGMENT re: 24 Memorandum & Opinion in favor of A.P.A. against Kenneth Genalo, Markwayne Mullin, Paul Arteta, Todd Blanche, Todd Lyons. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated June 3, 2026, the petition is GRANTED and A.P.A. is ordered conditionally released unless respondents comply with the following requirements: Respondents are directed to provide A.P.A. with a new custody determination withi n 48 hours in line with the Court's opinion. Should A.P.A. be denied release, then within two days, respondents should provide the Court with an explanation of the individualized determination it provided to A.P.A. as specified above, includi ng whether its determination was based, in whole or in part, on A.P.A.'s prior conviction. If A.P.A. is denied release (or if A.P.A. wishes to challenge the terms of his release, including the amount of any bond), then respondents are also dir ected to provide A.P.A. with a bond hearing within seven days of the adverse determination, where the burden is on the government to justify detention by clear and convincing evidence. Respondents are directed to submit a letter to the Court with the outcome of the new custody hearing within 48 hours after it happens, along with a transcript or audio recording of the hearing. enter judgment granting the petition and granting conditional release, unless respondents provide A.P.A. with the relief specified above. The Court retains jurisdiction over this case for any further necessary proceedings. (Signed by Clerk of Court Tammi M Hellwig on 6/4/2026) (Attachments: # 1 Appeal Package) (km)

#26

Jun 06, 2026

LETTER addressed to Judge Arun Subramanian from Tudor Neagu dated June 6, 2026 re: Individualized Custody Determination and Detention. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Supplement Individualized Custody Determination, Form, I-286 and Velesaca Form_Redacted, # 2 Supplement Declaration of Deportation Officer Mincheol So_Redacted).(Neagu, Tudor) (Entered: 06/06/2026)

#27

Jun 08, 2026

CONSENT LETTER MOTION for Extension of Time of Deadline for the Bond Hearing addressed to Judge Arun Subramanian from Anna K. Jessurun dated June 8, 2026. Document filed by A.P.A...(Jessurun, Anna) (Entered: 06/08/2026)

#28

Jun 09, 2026

ORDER granting 27 Letter Motion for Extension of Time Petitioner's requested extension of time for the bond hearing is GRANTED. (HEREBY ORDERED by Judge Arun Subramanian)(Text Only Order) (sss) (Entered: 06/09/2026)

Jun 09, 2026

Order on Motion for Extension of Time

#29

Jun 22, 2026

LETTER addressed to Judge Arun Subramanian from Tudor Neagu dated June 22, 2026 re: Bond Denial. Document filed by Paul Arteta, Todd Blanche, Kenneth Genalo, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Supplement Order Denying Bond).(Neagu, Tudor) (Entered: 06/22/2026)

#30

Jun 26, 2026

TRANSCRIPT of Proceedings re: conference held on 5/6/2026 before Judge Arun Subramanian. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. 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 7/17/2026. Redacted Transcript Deadline set for 7/27/2026. Release of Transcript Restriction set for 9/24/2026..(Moya, Goretti) (Entered: 06/26/2026)

#31

Jun 26, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/6/26 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....(Moya, Goretti) (Entered: 06/26/2026)