Southern District of New York • 1:26-cv-05252

#1

Jun 22, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33028925) Request for emergency relief to be separately filed..Document filed by Ovidio Jesus COLMENARES PEREZ..(Chua, Melissa) (Entered: 06/22/2026)

#2

Jun 22, 2026

FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Chua, Melissa) Modified on 6/23/2026 (pc). (Entered: 06/22/2026)

#3

Jun 22, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Ovidio Jesus COLMENARES PEREZ..(Chua, Melissa) Proposed Order to be reviewed by Clerk's Office staff. Modified on 6/23/2026 (km). (Entered: 06/22/2026)

#4

Jun 22, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Rebecca Deanne Rubin on behalf of Ovidio Jesus COLMENARES PEREZ.(Rubin, Rebecca) (Entered: 06/22/2026)

#5

Jun 23, 2026

NOTICE OF APPEARANCE by Alexandra Zaretsky on behalf of Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 06/23/2026)

#6

Jun 23, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Paul Arteta, re: 1 Petition for Writ of Habeas Corpus. Document filed by Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 06/23/2026)

#7

Jun 23, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Todd Blanche, re: 1 Petition for Writ of Habeas Corpus. Document filed by Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 06/23/2026)

#8

Jun 23, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Kenneth Genalo, re: 1 Petition for Writ of Habeas Corpus. Document filed by Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 06/23/2026)

#9

Jun 23, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Markwayne Mullin, re: 1 Petition for Writ of Habeas Corpus. Document filed by Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 06/23/2026)

#10

Jun 23, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to David Venturella, re: 1 Petition for Writ of Habeas Corpus. Document filed by Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 06/23/2026)

#11

Jun 23, 2026

CIVIL COVER SHEET filed..(Chua, Melissa) (Entered: 06/23/2026)

#12

Jun 23, 2026

PROPOSED ORDER. Document filed by Ovidio Jesus Colmenares Perez..(Chua, Melissa) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 06/23/2026)

#13

Jun 23, 2026

Petitioner has filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, determines that an immediate order is necessary to preserve the Courts jurisdiction. Accordingly, in order to preserve the Courts jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of this Court. See, e.g., Khalil v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dept of Homeland Sec., No. 25-CV-0644, 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ([A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the courts jurisdiction over a case or cases.). Moreover, in light of Petitioners interests in participating in further proceedings before this Court and to facilitate resolution of the Petition, 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. See, e.g., Perez y Perez v. Noem, No. 25-CV-4828, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioners transfer pending adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, 794 F.Supp.3d 926, 947-950 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-7117, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued at the following email address: jeffrey.oestericher@usdoj.gov. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 06/23/2026)

Jun 23, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Melissa Chua to RE-FILE Document No. 3 Proposed Order. The filing is deficient for the following reason(s): the case number is not listed on the document. Re-file the document using the event type Proposed Order found under the event list Proposed Orders. (km)

Jun 23, 2026

Notice to Attorney Regarding Deficient Proposed Order

Jun 23, 2026

Case Opening Initial Assignment Notice

Jun 23, 2026

Notice to Attorney Regarding Case Opening Statistical Error Correction

Jun 23, 2026

Notice to Attorney Regarding Deficient Civil Cover Sheet

Jun 23, 2026

Notice to Attorney Regarding Party Modification

Jun 23, 2026

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 12 Proposed Order was reviewed and approved as to form. (km)

Jun 23, 2026

Order

Jun 23, 2026

Notice to Court Regarding Proposed Order

Jun 23, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Melissa Lim Chua. The party information for the following party/parties has been modified: Paul Arteta, FILED OFFICE DIRECTO Kenneth Genalo, Act. U.S. Attn. Gen. TODD BLANCHE, Secretary MARKWAYNE MULLIN, David Venturella. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)

Jun 23, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Melissa Lim Chua to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)

Jun 23, 2026

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Melissa Lim Chua. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Orange;. (pc)

Jun 23, 2026

Case Designated ECF. (pc)

Jun 23, 2026

Magistrate Judge Valerie Figueredo 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)

Jun 23, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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)

#14

Jun 24, 2026

ELECTRONIC SUMMONS ISSUED as to David Venturella..(jgo) (Entered: 06/24/2026)

#15

Jun 24, 2026

ELECTRONIC SUMMONS ISSUED as to Kenneth Genalo..(jgo) (Entered: 06/24/2026)

#16

Jun 24, 2026

ELECTRONIC SUMMONS ISSUED as to Markwayne Mullin..(jgo) (Entered: 06/24/2026)

#17

Jun 24, 2026

ELECTRONIC SUMMONS ISSUED as to Paul Arteta..(jgo) (Entered: 06/24/2026)

#18

Jun 24, 2026

ELECTRONIC SUMMONS ISSUED as to Todd Blanche..(jgo) (Entered: 06/24/2026)

#19

Jul 14, 2026

ORDER: Respondent is hereby ORDERED TO SHOW CAUSE by written submission why Petitioner's Petition for Writ of Habeas Corpus (ECF No. 1) should not be treated as unopposed. Such showing should be made by filing a written response by July 21, 2026, and sending a courtesy copy of such response to Chambers. Any failure by Respondent to make this showing will result in the petition being granted. Petitioner's reply, if any, is due July 22, 2026. The Court schedules a hearing for July 29, 2026, at 2:00p.m. All parties shall appear and should contact the Court at 1-855*244*8681 (access code: 2305 370 0226#). SO ORDERED. (Show Cause Hearing set for 7/29/2026 at 02:00 PM before Judge Andrew L. Carter Jr. Replies due by 7/22/2026. Show Cause Response due by 7/21/2026.) (Signed by Judge Andrew L. Carter, Jr on 7/14/2026) (mml) (Entered: 07/14/2026)

#20

Jul 15, 2026

NOTICE OF APPEARANCE by Janet Lynne Guyon on behalf of Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella..(Guyon, Janet) (Entered: 07/15/2026)

#21

Jul 21, 2026

MEMORANDUM OF LAW in Opposition . Document filed by Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella..(Guyon, Janet) (Entered: 07/21/2026)

#22

Jul 21, 2026

DECLARATION of Aliskal Then-Santana in Opposition re: 21 Memorandum of Law in Opposition. Document filed by Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella..(Guyon, Janet) (Entered: 07/21/2026)

#23

Jul 21, 2026

RESPONSE re: 21 Memorandum of Law in Opposition, 22 Declaration in Opposition Government Return. Document filed by Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella. (Attachments: # 1 Exhibit 1. NTA, # 2 Exhibit 2. MOV grant, # 3 Exhibit 3. TPS approval, # 4 Exhibit 4. Admin closure, # 5 Exhibit 5. NOH August 2025, # 6 Exhibit 6. Webex motion, # 7 Exhibit 7. Webex denial, # 8 Exhibit 8 NOH Sept. 2025, # 9 Exhibit 9. EOIR transcript, # 10 Exhibit 10. Rap sheet 2025, # 11 Exhibit 11. Detainer and warrant, # 12 Exhibit 12. Removal order, # 13 Exhibit 13. Rap sheet 2026, # 14 Exhibit 14. I-205, # 15 Exhibit 15. I-213 2026, # 16 Exhibit 16. MTR filings, # 17 Exhibit 17. Change of address, # 18 Exhibit 18. PeopleMap).(Guyon, Janet) (Entered: 07/21/2026)

#24

Jul 22, 2026

REPLY re: 1 Petition for Writ of Habeas Corpus . Document filed by Ovidio Jesus Colmenares Perez. (Attachments: # 1 Exhibit Exhibit A - Gomez Salcedo Transcript).(Zaretsky, Alexandra) (Entered: 07/22/2026)

#25

Jul 24, 2026

LETTER addressed to Judge Andrew L. Carter, Jr. from Janet Guyon dated 7/24/2026 re: adjournment request and update. Document filed by Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella. (Attachments: # 1 Exhibit I grant of motion to consider).(Guyon, Janet) (Entered: 07/24/2026)

#26

Jul 24, 2026

LETTER addressed to Judge Andrew L. Carter, Jr. from Ovidio Jesus Colmenares Perez dated 7/24/2026 re: July 29, 2026 Hearing. Document filed by Ovidio Jesus Colmenares Perez..(Zaretsky, Alexandra) (Entered: 07/24/2026)

#27

Jul 27, 2026

Letter

#28

Jul 29, 2026

Order AND ~Util - Set Hearings

#29

Jul 30, 2026

SECOND LETTER MOTION to Adjourn Conference and status update addressed to Judge Andrew L. Carter, Jr. from Janet Guyon dated 7/30/2026. Document filed by Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella. (Attachments: # 1 Exhibit 1. NOH).(Guyon, Janet) (Entered: 07/30/2026)

#30

Jul 30, 2026

Letter

#31

Aug 04, 2026

ORDER: Due to a conflict in schedule for counsel for the Respondents, the status conference previously scheduled for August 5, 2026, is ADJOURNED to August 5, 2026, at 11:00 a.m. All parties shall appear and should contact the Court at 1-855*244*8681 (access code: 2305 370 0226#). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/4/2026) (Status Conference set for 8/5/2026 at 11:00 AM before Judge Andrew L. Carter Jr..) (ar) (Entered: 08/04/2026)

#32

Aug 05, 2026

Letter

#33

Aug 05, 2026

LETTER addressed to Judge Andrew L. Carter, Jr. from Ovidio Jesus Colmenares Perez dated 08/05/2026 re: Status Report. Document filed by Ovidio Jesus Colmenares Perez. (Attachments: # 1 Exhibit Exhibit A - EOIR Case Status).(Zaretsky, Alexandra) (Entered: 08/05/2026)

#34

Aug 05, 2026

ORDER: The Court schedules a hearing for Friday, August 7, 2026, at 2:00 p.m. All parties shall appear and should contact the Court at 1-855*244*8681 (access code: 2305 370 0226#). SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/5/2026) (Status Conference set for 8/7/2026 at 02:00 PM before Judge Andrew L. Carter Jr..) (ar) (Entered: 08/05/2026)

Aug 05, 2026

Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing held on 8/5/2026. Alexandra Zaretsky, Rebecca Rubin and Melissa Chua for petitioner. AUSA: Janet Guyon for respondents. Telephone Order to Show Cause Hearing set for 8/7/20326 at 2 p.m. (tdh)

#35

Aug 07, 2026

For the reasons stated on the record, it was improper to detain Mr. Ovidio Jesus Colmenares Perez under 8 U.S.C. § 1225. The habeas petition is thus GRANTED. Respondents are ORDERED to release Mr. Ovidio Jesus Colmenares Perez immediately. If Petitioner becomes subject once again to a final order a removal, any detention would be governed by 8 U.S.C § 1231. Petitioner shall not be re-detained under 1226(a) without being provided notice and opportunity to be heard at a pre-deprivation bond hearing before a neutral decision maker at which the government would bear the burden of showing, by clear and convincing evidence, that he poses a risk of flight or danger to the community. Respondents are ordered to file proof of compliance with this order by 8:00pm on August 7, 2026. (HEREBY ORDERED by Judge Andrew L. Carter, Jr) (Text Only Order) (Carter, Andrew) (Entered: 08/07/2026)

#36

Aug 07, 2026

LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated August 7, 2026 re: Confirming Petitioner's release. Document filed by Paul Arteta, Kenneth Genalo, Markwayne Mullin, Todd Blanche, David Venturella..(Waterman, Brandon) (Entered: 08/07/2026)

Aug 07, 2026

Order

Aug 07, 2026

Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Order to Show Cause Hearing held on 8/7/2026. Alexandra Zaretsky, Rebecca Rubin, Melissa Chua for petitioner. AUSA: Brandon Waterman for respondents. See Docket No. 35 for complete details. (tdh)

Aug 13, 2026

Telephone Conference

#37

Aug 20, 2026

TRANSCRIPT of Proceedings re: Status Conference held on 8/7/2026 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Adrienne Mignano, (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 9/10/2026. Redacted Transcript Deadline set for 9/21/2026. Release of Transcript Restriction set for 11/18/2026..(tro) (Entered: 08/20/2026)

#38

Aug 20, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 8/7/2026 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....(tro) (Entered: 08/20/2026)