Southern District of New York • 1:26-cv-04311

#1

May 22, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32889776) Document filed by J.A.C.M.. (Attachments: # 1 Affidavit of Margaret Min, # 2 Exhibit A, Notice to Appear, # 3 Exhibit B, Order of the IJ Granting Competency Safeguards).(Rosen, Diana) (Entered: 05/22/2026)

#2

May 22, 2026

CIVIL COVER SHEET filed..(Rosen, Diana) (Entered: 05/22/2026)

#3

May 22, 2026

MOTION for Leave to Proceed Using Initials and Redact Certain Identifying Information . Document filed by J.A.C.M.. (Attachments: # 1 Proposed Order ).(Rosen, Diana) (Entered: 05/22/2026)

#4

May 22, 2026

MEMORANDUM OF LAW in Support re: 3 MOTION for Leave to Proceed Using Initials and Redact Certain Identifying Information . . Document filed by J.A.C.M...(Rosen, Diana) (Entered: 05/22/2026)

#5

May 22, 2026

ORDER TO ANSWER, 28 U.S.C. § 2241: 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. Respondents shall file an answer to the Petition with in three business days of the date of this Order. Petitioner shall file any reply within ten business days of the date of this Order. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action. The Court also directs the Clerk of Court to mail Petitioner an information package. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/22/2026) (jca)

#7

May 22, 2026

ORDER GRANTING PETITIONERS MOTION FOR LEAVETO PROCEED USING INITIALS ONLY AND TO REDACT ALIEN NUMBER,FULL DATE OF BIRTH AND OTHER IDENTIFYING INFORMATION granting 3 Motion. Petitioners motion to proceed in this case using his initials only, and t o redact certain other identifying information from any supporting documents, including his alien number, full date of birth, photograph, home address, telephone number, and full names of his family members, is GRANTED. The parties are hereby directed to refer to Petitioner by his initials "J.A.C.M." and to redact supporting documents in a consistent manner. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 5/22/2026) (jca)

May 22, 2026

Magistrate Judge Gary Stein 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. (vf)

May 22, 2026

Case Designated ECF. (vf)

May 22, 2026

Case Opening Initial Assignment Notice

May 22, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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..(vf)

#6

May 23, 2026

NOTICE OF APPEARANCE by Sayoni Maitra on behalf of J.A.C.M...(Maitra, Sayoni) (Entered: 05/23/2026)

#8

May 26, 2026

Affidavit of Service Other

#9

May 27, 2026

Letter

#10

May 28, 2026

Extension of Time to File Response/Reply

#11

May 29, 2026

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

#12

Jun 01, 2026

Letter

#13

Jun 02, 2026

Letter

#14

Jun 02, 2026

ORDER; Therefore, the Petition is GRANTED and the Respondents are ORDERED to immediately release J.A.C.M. from custody and certify compliance with the Courts order by filing an entry on the docket no later than June 3, 2026, at 5 p.m. (Signed by Judge Edgardo Ramos on 6/2/2026) (jar)

#15

Jun 03, 2026

Letter

#16

Jun 03, 2026

MODIFIED ORDER: Regarding the Petitioner's detention from April 2, 2026 to present, the Respondents acknowledge that "there is no evidence in the record demonstrating that ICE conducted an individualized assessment of flight risk or dange r." Id. Thus, this case cannot be distinguished from Cunha, 2026 WL 1146044, and § 1226(a) is not an appropriate basis for the detention. For the same detention period, the Respondents state that "ICE asserted that Petitioner's attempted burglary conviction satisfied § 1226(c)(1)(E)." Id. 8 U.S.C. § 1226(c)(1)(E) is not an appropriate basis for the Petitioner's detention because "the statute does not mandate detention for attempted offenses." Rueda Torres, 2025 WL 3168759, at *5. The Court therefore GRANTS the Petition for the reasons set forth therein. A bond redetermination hearing is only appropriate when there was an individualized determination to detain the noncitizen in the firs t place. See Vizhco Chunchi v. Francis, No. 25-CV-10249 (ER), 2026 WL 249676, at *3 (S.D.N.Y. Jan. 30, 2026). Therefore, the Petition is GRANTED and the Respondents are ORDERED to immediately release J.A.C.M. from custody and certify compliance with the Court's order by filing an entry on the docket no later than June 3, 2026, at 5 p.m. The Respondents are further ORDERED to not re-detain J.A.C.M. absent notice and a pre-deprivation hearing. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/3/2026) (jca) Transmission to Orders and Judgments Clerk for processing.

#17

Jun 04, 2026

CLERK'S JUDGMENT re: 16 Order, in favor of J.A.C.M. against Daren K Margolin, Kenneth Genalo, Markwayne Mullin, Paul Arteta, Todd Blanche. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Modified Order dated June 3, 2026, the Petition is GRANTED and the Respondents are ORDERED to immediately release J.A.C.M. from custody and certify compliance with the Court's order by filing an entry on the docket no later than June 3, 2026, at 5 p.m. The Respondents are further ORDERED to not re-detain J.A.C.M. absent notice and a pre-deprivation hearing. (Signed by Clerk of Court Tammi M Hellwig on 6/4/2026) (Attachments: # 1 Appeal Package) (tp)

#18

Sep 02, 2026

Extension of Time

#19

Sep 04, 2026

Order on Motion for Extension of Time