Southern District of New York • 1:25-cv-09816

#1

Nov 25, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32047748)Document filed by O. F.C.. (Attachments: # 1 Affidavit Declaration of Grace Carney Brown, # 2 Exhibit 2025 Dec. of IJ, # 3 Exhibit BIA Dec., # 4 Exhibit Decl. of O.F.C., # 5 Exhibit CSEDNY Records, # 6 Exhibit Ltr. of Marlon Agustin Mendez, LMSW, # 7 Exhibit I-130 Approval Notice, # 8 Exhibit Sep. 22, 2022 Bond Order, # 9 Exhibit Sep. 22, 2022 Bond Memorandum, # 10 Exhibit O.F.C. v. Decker, # 11 Exhibit Aug. 17, 2022 Bond Order, # 12 Exhibit June 2, 2021 Bond Transcript, # 13 Exhibit Psychological Evaluation by Dr. Joseph Giardino for O.F.C., # 14 Exhibit Decl. of Nayana Trivedi, # 15 Exhibit CRCL Complaint, # 16 Exhibit ICE Detainee Handbook).(McAninch, Perry) (Entered: 11/25/2025)

#2

Nov 25, 2025

CIVIL COVER SHEET filed..(McAninch, Perry) (Entered: 11/25/2025)

#3

Nov 25, 2025

MOTION for leave to proceed using initials and to refer to Petitioners wife and children by initials . Document filed by O. F.C.. (Attachments: # 1 Proposed Order Proposed Order).(McAninch, Perry) (Entered: 11/25/2025)

#4

Nov 25, 2025

MEMORANDUM OF LAW in Support re: 3 MOTION for leave to proceed using initials and to refer to Petitioners wife and children by initials . . Document filed by O. F.C...(McAninch, Perry) (Entered: 11/25/2025)

#5

Nov 25, 2025

NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of Judith Almodovar, Paul Arteta, Pamela Bondi, Todd M. Lyons, Daren K Margolin, Kristi Noem, Teresa Riley..(Rosenbaum, Jessica) (Entered: 11/25/2025)

#6

Nov 25, 2025

PROPOSED SCHEDULING ORDER. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Todd M. Lyons, Daren K Margolin, Kristi Noem, Teresa Riley..(Rosenbaum, Jessica) (Entered: 11/25/2025)

#7

Nov 26, 2025

LETTER addressed to Judge Lewis J. Liman from Jessica F. Rosenbaum dated November 26, 2025 re: Proposed Briefing Schedule. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Todd Lyons, Daren Margolin, Kristi Noem, Teresa Riley..(Rosenbaum, Jessica) (Entered: 11/26/2025)

#8

Nov 26, 2025

ORDER: Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further or der of this Court. See, e.g., Khalil v. Joyce, No. 25-cv-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25-cv-0644 (OAW), 2025 WL 1317944, at *1 (D. C onn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's interests i n 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 Je rsey absent further order of this Court. See, e.g., Perez y Perez v. Noem, No. 25-cv-4828 (DEH), 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g. , Arostegui-Maldonado v. Baltazar, No. 25-cv-2205 (WJM) (STV), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-cv-7117 (BLF), 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 of this Order. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/26/2025) (ks)

#9

Nov 26, 2025

MEMO ENDORSEMENT on re: 7 Letter, filed by Kristi Noem, Paul Arteta, Daren Margolin, Teresa Riley, Judith Almodovar, Todd Lyons, Pamela Bondi, ENDORSEMENT: The proposed briefing schedule is adopted. SO ORDERED (Signed by Judge Lewis J. Liman on 11/26/2025) ( Social Security Action - Commissioner Brief due by 12/15/2025., Social Security Action - Plaintiff Reply Brief due by 12/22/2025.) (ks) (Entered: 11/26/2025)

Nov 26, 2025

Case Opening Initial Assignment Notice

Nov 26, 2025

Case Designated ECF. (jgo)

Nov 26, 2025

Notice to Attorney Regarding Party Modification

Nov 26, 2025

Magistrate Judge Ona T. Wang 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. (jgo)

Nov 26, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(jgo)

Nov 26, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Perry Hall McAninch. The party information for the following party/parties has been modified: Judith Almodovar; Paul Arteta; Teresa Riley; Daren K Margolin; Pamela Bondi; Kristi Noem; Todd M. Lyons. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)

#10

Dec 15, 2025

RESPONSE re: 1 Petition for Writ of Habeas Corpus,,, . Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Todd Lyons, Daren Margolin, Kristi Noem, Teresa Riley. (Attachments: # 1 Exhibit 1 (Criminal Documents), # 2 Exhibit 2 (Form I-200), # 3 Exhibit 3 (Form I-213)).(Rosenbaum, Jessica) (Entered: 12/15/2025)

#11

Dec 15, 2025

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus,,, . Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Todd Lyons, Daren Margolin, Kristi Noem, Teresa Riley..(Rosenbaum, Jessica) (Entered: 12/15/2025)

#12

Dec 15, 2025

DECLARATION of Deportation Officer Mincheol So in Opposition re: 1 Petition for Writ of Habeas Corpus,,,. Document filed by Judith Almodovar, Paul Arteta, Pamela Bondi, Todd Lyons, Daren Margolin, Kristi Noem, Teresa Riley..(Rosenbaum, Jessica) (Entered: 12/15/2025)

#13

Dec 22, 2025

ORDER: The Court will hear oral argument on the petition for a writ of habeas corpus on January 5, 2026, at 10:00 AM in Courtroom 15C in the 500 Pearl Street Courthouse, New York, NY 10007. By tomorrow, December 23, 2025, Petitioner's couns el shall file a letter with the Court indicating whether Petitioner wishes to be present in person for the argument. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/22/2025) ( Oral Argument set for 1/5/2026 at 10:00 AM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (ks)

#14

Dec 22, 2025

AFFIDAVIT OF SERVICE of petition for writ of habeas corpus with supporting documents, civil cover sheet served on Judith Almodovar, Paul Arteta, Teresa Riley, Daren Margolin, Pamela Bondi, Kristi Noem, Todd M. Lyons on 12/22/2025. Service was made by Mail. Document filed by O. F.C...(McAninch, Perry) (Entered: 12/22/2025)

#15

Dec 22, 2025

NOTICE OF APPEARANCE by Sayoni Maitra on behalf of O. F.C...(Maitra, Sayoni) (Entered: 12/22/2025)

#16

Dec 22, 2025

REPLY MEMORANDUM OF LAW re: 10 Response, . Document filed by O. F.C...(McAninch, Perry) (Entered: 12/22/2025)

#17

Dec 22, 2025

LETTER addressed to Judge Lewis J. Liman from O.F.C. dated 12/22/2025 re: O.F.C.'s Request to Be Present for Oral Argument. Document filed by O. F.C...(McAninch, Perry) (Entered: 12/22/2025)

#18

Dec 23, 2025

MEMO ENDORSEMENT on re: 17 Letter filed by O. F.C. ENDORSEMENT: Respondents are ordered to produce Petitioner for the argument on January 5, 2026. SO ORDERED (Signed by Judge Lewis J. Liman on 12/23/2025) (ks) (Entered: 12/23/2025)

#19

Jan 02, 2026

ORDER: The oral argument on the petition for a writ of habeas corpus scheduled on January 5, 2026 will no longer begin at 10:00AM, and instead is moved to begin at 12:00PM in Courtroom 15C at the 500 Pearl Street Courthouse. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 01/02/2026)

Jan 02, 2026

Order

Jan 02, 2026

Set/Reset Hearings: Oral Argument set for 1/5/2026 at 12:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (mf)

#20

Jan 05, 2026

ORDER re: 1 Petition for Writ of Habeas Corpus, filed by O.F.C. The Court issued an oral ruling on the Petition for a Writ of Habeas Corpus during oral argument today, January 5, 2026. As the Court indicated on the record, and for the reaso ns to be provided in a written opinion to follow: The Petition is conditionally GRANTED. Petitioner is hereby ordered released unless within seven days-that is, by January 12, 2026 the Government holds a bond hearing before an immigration judge at which the Government bears the burden of establishing by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk based on changed circumstances since his previous release on bond. In making such a determination and in setting any bond amount, the immigration judge must consider both alternatives to detention and Petitioner's ability to pay. To avoid the relief in this Order becoming illusory, the Government is enjoined from exercising an automatic stay should the immigration judge determine that release on bond is appropriate. The Government is further enjoined from invoking 8 U.S.C. § 1225 as a basis for Petitioner's detention before the immigration judge or as g rounds for an appeal to the Board of Immigration Appeals. The Court additionally finds that the Government has waived reliance on Section 1225 as a basis for detaining Petitioner given its failure to brief the issue at any length and its invoca tion instead of arguments made in briefing in a different case briefing to which Petitioner's counsel does not have access. The Court retains jurisdiction over this matter to ensure compliance with its Order and, should it determine that i ts Order has not been complied with, also retains jurisdiction to grant Petitioner the full relief he has sought (i.e., release). The Government is ordered to provide to the Court a transcript of any hearing that takes place before an immigration judge within one week of such hearing. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/5/2026) (ar)

Jan 05, 2026

Oral Argument

#21

Jan 09, 2026

OPINION AND ORDER re: 3 MOTION for leave to proceed using initials and to refer to Petitioners wife and children by initials . filed by O. F.C..The Petition is conditionally GRANTED. Petitioner is hereby ordered released unless by J anuary 12, 2026 the Government holds a bond hearing before an IJ at which the Government bears the burden of establishing by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk based on changed circumsta nces since his previous release on bond. In making such a determination and in setting any bond amount, the IJ must consider both alternatives to detention and Petitioner's ability to pay. To avoid the relief in this Order becoming illusory, the Government is enjoined from exercising an automatic stay should the IJ determine that release on bond is appropriate. The Government is further enjoined from invoking 8 U.S.C. § 1225(b)(2) as a basis for Petitioner's detention before the i mmigration judge or as grounds for an appeal to the BIA. The Court retains jurisdiction over this matter to ensure compliance with its Order and, should it determine that its Order has not been complied with, also retains jurisdiction to grant Petiti oner the full relief he has sought (i.e., release). The Government is ordered to provide to the Court a transcript of any hearing that takes place before an immigration judge within one week of such hearing. The Clerk of Court is respectfully directed to close Dkt. Nos. 1 and 3. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/9/2026) (jjc)

#22

Jan 14, 2026

Letter

#23

Apr 09, 2026

Attorney Fees

#24

Apr 09, 2026

Memorandum of Law in Support of Motion

#25

Apr 23, 2026

Response to Motion

#26

Jun 26, 2026

ORDER: Accordingly, there is no "separate document" reflecting judgment in this case, and the time for Respondents to appeal runs from 150 days after January 5, 2026, which is June 4, 2026. Sixty days after that is August 3, 2026. So t he time for Respondents to appeal has not yet expired. The judgment will become final and non-appealable at the earliest on August 4, 2026. Petitioner filed his application on April 9, 2026. It was therefore premature, and this Court lacks jurisdicti on to decide it. If, once the judgment in this case has become final, Petitioner wishes to rest on his already-filed application, the Court would deem that application "sufficient." See 27.09 Acres of Land, 1 F.3d at 111 (citation omitted). Petitioner could also reapply for fees within thirty days following the entry of final judgment. Within seven days of the date upon which the judgment becomes final, Petitioner shall file a letter with the Court indicating whether he wishes to rest on his current application or file a new one. Respondents shall have fourteen days to respond to the application either from the date of any letter indicating that Petitioner wishes to rest on his already-filed application or, if Petitioner wishes to file a new application within the thirty-day window following final judgment, within fourteen days of the date of the filing of a new application. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/26/2026) (ks)

#27

Aug 14, 2026

Letter

Aug 14, 2026

Order on Motion for Attorney Fees

#29

Aug 28, 2026

Memorandum of Law in Opposition to Motion

#30

Sep 04, 2026

Reply Memorandum of Law in Support of Motion