Southern District of New York • 1:26-cv-05686

#1

Jul 05, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jose Miguel Salcan Mosquera..(nb) (Entered: 07/06/2026)

Jul 05, 2026

Case Designated ECF. (nb)

Jul 05, 2026

Magistrate Judge Jennifer Willis 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. (nb)

#2

Jul 06, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (nb) (Entered: 07/06/2026)

#3

Jul 06, 2026

STAY OF REMOVAL (IMMIGRATION CASES): Petitioner has, through next friend Peter Melck Kuttel, filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that: (1)No later than n oon on July 9, 2026, Respondents shall file a letter with the following information: a.whether Petitioner was, as the Petition alleges, see ECF No. 1, P 2, located in the Southern District of New York at the time that the Petition was filed and, if not,what District Petitioner was in at the time of filing and whether the Petition should be immediately transferred to that District, see, e.g., Ozturk v. Hyde, 136F.4th 382, 391-92 (2d Cir. 2025); Khalil v. Joyce, 771 F. Supp. 3d 268 (S.D.N.Y.202 5); b.Petitioner's A-number, current place of detention, and a contact person who can facilitate prospective counsel's access to Petitioner; c.the statutory provision(s) under which Respondents assert the authority to detain Petitioner; d. a copy of any final order of removal; and e.any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. (2)Unless and until the Court orders otherwise, Petit ioner shall file any reply no later than July 16, 2026. To preserve the Court's 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-01935 (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-644 (OAW), 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 court's jurisdiction over a case or cases."). Moreover, in light of Petitioner's 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 (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-220 5-WJM-STV, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV-07117-BLF, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). As further set forth in this Order, The Clerk of Court is directed to em ail a copy of this Order to the next friend of Petitioner's email address and electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order at the following email address: jeffrey.oestericher@usdoj.gov. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/6/2026) (ar)

Jul 06, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(nb)

Jul 06, 2026

Note Regarding Service on Self-Represented Party

#4

Jul 07, 2026

Notice of Appearance

#5

Jul 07, 2026

Notice of Appearance of Pro Bono Counsel

Jul 07, 2026

Mailing Receipt

#6

Jul 08, 2026

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner, initially proceeding pro se but now through counsel, brings this petition for a writ of habeas corpus. To proceed with a petition for a writ of habeas corpus in this court, a petitione r must either pay the $5.00 filing fee or, to request authorization to proceed in forma pauperis (IFP), submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Petitioner, through his next friend, submitted the petition witho ut the filing fee or an IFP application. Within thirty days of the date of this order, Petitioner must either pay the $5.00 filing fee or complete and submit the attached IFP application. If Petitioner submits the IFP application, it should b e labeled with docket number 26-CV-5686 (JMF). If the Court grants the IFP application, Petitioner will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Petitioner complies with this order, the case shall be p rocessed in accordance with the procedures of the Clerk's Office. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from t his order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Jesse M. Furman on 7/7/2026) Filing Fee due by 8/7/2026. In Forma Pauperis (IFP) Application due by 8/7/2026. (ar)

Jul 08, 2026

Civil Case Opening Fee Payment

#7

Jul 09, 2026

Letter

#8

Jul 09, 2026

NOTICE OF CONFERENCE (IMMIGRATION CASES): Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. In light of Respondents' letter, ECF No. 7, and the appearance of pro bono counsel on behalf of Pet itioner, Petitioner's July 16, 2026 response deadline is hereby VACATED. Instead, Counsel for all parties shall appear for a conference with the Court on July 14, 2026 at 4:00 p.m. The conference will be held remotely by telephone in accordanc e with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (855) 244 -8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. Counsel should confer in advance of the conference and submit a joint letter, no later than July 13, 2026, indicating whether the conference is necessary and addressing how the Court should handle the present Petition. In the letter, the parties should address whether and, if so, by when Petitioner should file an amended Petition. If counsel do no t believe a conference is required, and that briefing is appropriate, counsel should also propose a briefing schedule (expedited or otherwise) in the joint letter. All counsel are required to register promptly as filing users on ECF. All counsel mu st familiarize themselves with the Court's Individual Rules, which are available at http://nysd.uscourts.gov/judge/Furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended b y the attorney who will serve as principal trial counsel. Counsel are encouraged, in addition to filing on ECF, to email any time-sensitive submission to the Court at Furman_nysdchambers@nysd.uscourts.gov and, absent a response within thirty m inutes, to call (212) 805-0282 to alert the Court to the submission. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 7/9/2026) (Status Conference set for 7/14/2026 at 04:00 PM before Judge Jesse M. Furman.) (ar)

#9

Jul 13, 2026

Notice of Voluntary Dismissal

#10

Jul 14, 2026

Notice of Voluntary Dismissal - Signed AND ~Util - Add and Terminate Parties

#11

Aug 03, 2026

Internet Citation

#12

Aug 03, 2026

Internet Citation

#13

Aug 03, 2026

Internet Citation

#14

Aug 03, 2026

Internet Citation

#15

Aug 03, 2026

Internet Citation