Southern District of New York • 1:26-cv-05408

#1

Jun 25, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33049329) Document filed by Alejandro Yosepf Batista..(Austin, Paige) (Entered: 06/25/2026)

#2

Jun 25, 2026

CIVIL COVER SHEET filed..(Austin, Paige) (Entered: 06/25/2026)

#3

Jun 26, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Harold A. Solis on behalf of Alejandro Yosepf Batista.(Solis, Harold) (Entered: 06/26/2026)

#4

Jun 26, 2026

ORDER TO SHOW CAUSE : Accordingly, IT IS HEREBY ORDERED that Respondents shall show cause, by July 1, 2026, why the Petition should not be granted. IT IS FURTHER ORDERED that Petitioner shall file any reply by July 7, 2026. 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. SO ORDERED. Show Cause Response due by 7/7/2026. (Signed by Judge Mary Kay Vyskocil on 6/26/2026) (sgz) (Entered: 06/26/2026)

Jun 26, 2026

Case Designated ECF. (jgo)

Jun 26, 2026

Magistrate Judge Robert W. Lehrburger 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)

Jun 26, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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)

Jun 26, 2026

Case Opening Initial Assignment Notice

#5

Jun 29, 2026

LETTER MOTION for Extension of Time to Respond to Petition addressed to Judge Mary Kay Vyskocil from Adam Gitlin dated June 29, 2026. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Gitlin, Adam) (Entered: 06/29/2026)

#6

Jun 30, 2026

LETTER addressed to Judge Mary Kay Vyskocil from Paige Austin, Counsel for Petitioner dated June 30, 2026 re: Request to Relate to an Earlier-Filed Case. Document filed by Alejandro Yosepf Batista. (Attachments: # 1 Exhibit Related Case Statement, # 2 Exhibit Letter Motion for Discovery, Afr. Communities Together, 25-CV-6366 (S.D.N.Y. June 29, 2026) (ECF No. 100)).(Austin, Paige) (Entered: 06/30/2026)

#7

Jun 30, 2026

ORDER granting 5 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 6/30/2026) (sgz) (Entered: 06/30/2026)

#8

Jun 30, 2026

FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus against Todd Blanche, Kenneth Genalo, Markwayne Mullin, Jeffrey Oestericher.Document filed by Alejandro Yosepf Batista. Related document: 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Civil Immigration Enforcement Actions in or near Courthouses Memo (April 27, 2021)).(Austin, Paige) (Entered: 06/30/2026)

Jun 30, 2026

Set/Reset Deadlines: Todd Blanche answer due 7/3/2026; Kenneth Genalo answer due 7/3/2026; Markwayne Mullin answer due 7/3/2026. (sgz)

#9

Jul 02, 2026

LETTER MOTION for Extension of Time to Respond to Amended Petition addressed to Judge Mary Kay Vyskocil from Adam Gitlin dated July 2, 2026. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Gitlin, Adam) (Entered: 07/02/2026)

#10

Jul 06, 2026

ORDER granting 9 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/6/2026) (sgz) (Entered: 07/06/2026)

Jul 06, 2026

Set/Reset Deadlines: Todd Blanche answer due 7/7/2026; Kenneth Genalo answer due 7/7/2026; Markwayne Mullin answer due 7/7/2026. (sgz)

#11

Jul 07, 2026

RESPONSE to Amended Habeas Petition. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin. (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit Order of Release on Recognizance (Form I-220A), # 3 Exhibit ATD Enrollment Notice to Alien, # 4 Exhibit RAP Sheet, # 5 Exhibit Arrest Warrant (Form I-200), # 6 Exhibit Notice of Custody Determination (Form I-286), # 7 Exhibit Immigration Court Order).(Gitlin, Adam) (Entered: 07/07/2026)

#12

Jul 07, 2026

DECLARATION of Deportation Officer Dmitry Rousseau in Opposition. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Gitlin, Adam) (Entered: 07/07/2026)

#13

Jul 07, 2026

MEMORANDUM OF LAW in Opposition to Amended Petition. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Gitlin, Adam) (Entered: 07/07/2026)

#14

Jul 10, 2026

REPLY MEMORANDUM OF LAW in Support of Petition for Writ of Habeas Corpus. Document filed by Alejandro Yosepf Batista. (Attachments: # 1 Exhibit Judgment of Conviction, # 2 Exhibit Shaarfi Declaration, # 3 Exhibit EOIR Case Status).(Austin, Paige) (Entered: 07/10/2026)

#15

Jul 28, 2026

ORDER DISMISSING PETITION FOR HABEAS CORPUS: For the foregoing reasons, the Amended Petition is DISMISSED without prejudice. Petitioner may file a renewed petition in the appropriate jurisdiction should he be denied a bond hearing upon request. The Clerk of Court is respectfully requested to close the case. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/28/2026) (jjc) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/28/2026)

#16

Jul 30, 2026

CLERK'S JUDGMENT re: 15 Order of Dismissal in favor of Kenneth Genalo, Markwayne Mullin, Todd Blanche against Alejandro Yosepf Batista. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July 28, 2026, the Amended Petition is DISMISSED without prejudice. Petitioner may file a renewed petition in the appropriate jurisdiction should he be denied a bond hearing upon request; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 7/30/2026) (Attachments: # 1 Appeal Package) (km) (Entered: 07/30/2026)

#17

Aug 14, 2026

MOTION to Alter Judgment As Immigration Judge in New Jersey Has Now Affirmed He Lacks Jurisdiction to Hold a Bond Hearing for Petitioner. Document filed by Alejandro Yosepf Batista. (Attachments: # 1 Exhibit Memorandum of Law, # 2 Exhibit Bodie Declaration, # 3 Proposed Order Proposed Order).(Austin, Paige) (Entered: 08/14/2026)

#18

Aug 21, 2026

ORDER with respect to 17 Motion to Alter Judgment. Accordingly, IT IS HEREBY ORDERED that Respondents shall respond to the motion by 5:00 PM on August 24, 2026. (Signed by Judge Mary Kay Vyskocil on 8/21/2026) (sgz) (Entered: 08/21/2026)

Aug 21, 2026

Set/Reset Deadlines: Responses due by 8/24/2026 (sgz)

#19

Aug 23, 2026

Letter

#20

Aug 24, 2026

Order on Motion to Alter Judgment

#21

Aug 31, 2026

Response (non-motion)

#22

Sep 11, 2026

ORDER: The Court is in receipt of Petitioner's letter, [ECF No. 21], in response to this Court's Order to Show Cause. [ECF No. 20]. Having carefully reviewed Petitioner's letter, the Order to Show Cause is discharged. (Signed by Judge Mary Kay Vyskocil on 9/11/2026) (sgz) (Entered: 09/11/2026)