District of Puerto Rico • 3:26-cv-01400

#1

Jun 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BPRDC-9532701.), filed by Harsh Krishnakant Naik. Service due by 9/21/2026, (Attachments: # 1 Exhibit Exhibits of Habeas Petition)(Berrios-Febles, Ariadne) (Entered: 06/23/2026)

#2

Jun 23, 2026

MOTION for Temporary Restraining Order filed by Ariadne C. Berrios-Febles on behalf of Harsh Krishnakant Naik. Responses due by 7/7/2026. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Berrios-Febles, Ariadne) (Entered: 06/23/2026)

#3

Jun 24, 2026

Notice of Filing Exhibits

#4

Jun 24, 2026

NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Maria Antongiorgi-Jordan. (ad) (Entered: 06/24/2026)

#5

Jun 24, 2026

AMENDED DOCUMENT by Harsh Krishnakant Naik. Amendment to 1 Petition for Writ of Habeas Corpus . (Attachments: # 1 Exhibit Exhibits for Habeas Petition) (Berrios-Febles, Ariadne) (Entered: 06/24/2026)

#6

Jun 24, 2026

Notice of Appearance

Jun 24, 2026

Notice of Judge Assignment

#7

Jun 25, 2026

***VACATED AS PER ECF NO. 17 ORDER*** ORDER granting: 2 "Motion for Temporary Restraining Order." Petitioner asks this Court to enter an order prohibiting Respondents from transferring Petitioner outside of the District of Puerto Rico in support of his Petition for a Writ of Habeas Corpus. Under the Immigration and Nationality Act, 8 U.S.C. § 1226(a) "provides the general process for arresting and detaining [noncitizens] who are present in the United States and eligible for removal." Rodriguez Diaz v. Garland, 53 F.4th 1189, 1196 (9th Cir. 2022). Section 1226(a) provides the Government broad discretion whether to release or detain the individual and it provides several layers of review for an initial custody determination. Id. It also confers "an initial bond hearing before a neutral decisionmaker, the opportunity to be represented by counsel and to present evidence, the right to appeal, and the right to seek a new hearing when circumstances materially change." Id. at 1202; see also Doe v. Tompkins, 11 F.4th 1, 2 (1st Cir. 2021) (holding that the Government bears the burden of proving at an initial bond hearing held under Section 1226(a) that (1) a noncitizen poses a danger to the community, or (2) the noncitizen poses a flight risk). Petitioner's Writ of Habeas Corpus states that he entered the United States without inspection on or around March 2025, applied for asylum prior to March 26, 2025, and was recently detained without a hearing or any meaningful opportunity to contest the grounds of his removal. If true, that would render Petitioner's detention unlawful. Accordingly, the Court finds that the issuance of a temporary restraining order is warranted. If the facts alleged in the instant petition are true, in the absence of relief, Petitioner may suffer the irreparable harm of being denied meaningful engagement with counsel and the opportunity to contest his detention. See San Juan Cable LLC v. Telecommunications Regulatory Bd. of Puerto Rico, 598 F. Supp. 2d 233 (D.P.R. 2009) (a party moving for temporary restraining order bears the burden to show: (1) a substantial likelihood of success on the merits; (2) a significant risk that it will suffer irreparable harm; (3) the harm it will suffer outweighs any harm that injunctive relief will cause to the defendants; and (4) the public interest weighs in favor of injunctive relief). The Court therefore ORDERS that the Government shall not transfer Petitioner outside of Puerto Rico during the pendency of this case. The Court further ORDERS that Petitioner shall effect service on Respondents immediately and that Respondents shall respond to Petitioner's Writ of Habeas Corpus within seven days of receiving service. Signed by Judge Maria Antongiorgi-Jordan on 6/25/2026. (ao) Modified on 7/8/2026. (arg). (Entered: 06/25/2026)

#8

Jun 25, 2026

Notice of Filing Exhibits

#9

Jun 25, 2026

Amend/Correct

Jun 25, 2026

Order on Motion for TRO

#10

Jun 26, 2026

Summons Issued

#11

Jun 29, 2026

Reconsideration

#12

Jul 01, 2026

Response in Opposition

#13

Jul 02, 2026

Leave to File Document

#14

Jul 06, 2026

ORDER granting: 13 "Motion for Leave to File Document." Signed by Judge Maria Antongiorgi-Jordan on 7/6/2026. (ao) (Entered: 07/06/2026)

#15

Jul 06, 2026

Reply to Motion

Jul 06, 2026

Order on Motion for Leave to File

#16

Jul 07, 2026

ORDER noting: 9 "Motion to Amend/Correct Habeas Petition." The filing at ECF No. 9 is the operative Writ of Habeas Corpus. Signed by Judge Maria Antongiorgi-Jordan on 7/7/2026. (ao) (Entered: 07/07/2026)

#17

Jul 07, 2026

ORDER granting: 11 "Motion for Reconsideration." Petitioner does not dispute that he has been in the United States continuously for less than two years. "Expedited removal may be applied to those 'who [are] arriving in the United States[,]' as well as to individuals who are not admitted or paroled and who have 'not affirmatively shown to the immigration officer's satisfaction that they have been 'physically present in the United States continuously for the 2-year period immediately prior to the date of the determination of inadmissibility.'" Make the Road N.Y. v. Wolf, 962 F.3d 612, 61819 (D.C. Cir. 2020) (internal citations removed) (quoting 8 U.S.C. § 1225(b)(1)(A)). In January 2025, the Secretary of Homeland Security issued a notice authorizing the use of expedited removal for aliens eligible under 8 U.S.C. § 1225(b)(1)(A)(iii). See Make the Road N.Y. v. Mullingi---F.4th---, 2026 WL 1792978, *3 (D.C. Cir. June 23, 2026). The record before the Court therefore indicates that Petitioner is detained pursuant to § 1225(b)(1)(A)(iii). Accordingly, Petitioner does not demonstrate a substantial likelihood of success on the merits. See id. at *2 ("Detention during expedited removal is generally mandatory."). The Court's order at ECF No. 7 is hereby vacated. Signed by Judge Maria Antongiorgi-Jordan on 7/7/2026. (ao) (Entered: 07/07/2026)

#18

Jul 07, 2026

Informative Motion

Jul 07, 2026

Order on Motion to Amend/Correct

Jul 07, 2026

Order on Motion for Reconsideration

#19

Jul 08, 2026

Summons Returned Executed

#20

Jul 09, 2026

ORDER noting: 18 "Motion Informing Absence From The Jurisdiction." Signed by Judge Maria Antongiorgi-Jordan on 7/9/2026. (ao) (Entered: 07/09/2026)

Jul 09, 2026

Order on Informative Motion

#21

Jul 24, 2026

Informative Motion

#22

Jul 24, 2026

Summons Returned Executed

#23

Jul 24, 2026

Informative Motion

Jul 27, 2026

Order on Informative Motion