Southern District of New York • 1:26-cv-05875

#1

Jul 11, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33122089) Document filed by J. L.M.. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, Online Detainee Locator).(Sangueza, Edith) (Entered: 07/11/2026)

#2

Jul 11, 2026

MOTION for Leave to File Motion to Proceed by Initials . Document filed by J. L.M.. (Attachments: # 1 Supplement Memorandum of Law in support of Motion to Proceed by Initials).(Sangueza, Edith) (Entered: 07/11/2026)

#3

Jul 13, 2026

CIVIL COVER SHEET filed..(Sangueza, Edith) (Entered: 07/13/2026)

#4

Jul 13, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioners Habeas Petition, it is hereby ORDERED that: To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. Petitioner shall not be transferred 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 in light of Petitioners interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings. Respondents shall show cause, pursuant to 28 U.S.C. § 2243, why the Petition for Writ of Habeas Corpus should not be granted by July 20, 2026. Petitioner shall have the opportunity to file a reply by July 27, 2026. This matter shall be heard by the Court on July 30, 2026 at 11:00 a.m. ET in the Thurgood Marshall United States Courthouse, Courtroom 518, 40 Foley Square, New York, NY, 10007. The parties shall also attend an initial telephonic case conference on Thursday, July16 at 1:00 p.m. ET. The dial-in number is 1-855-244-8681 and the access code is2309 3085 835. There is no attendee ID. The parties should be prepared to address venue, under what statutory provision petitioner is being detained, and provide additional details about petitioners detention, such as any accompanying documents. By July 15, 2026, Petitioner is directed to serve Respondents with a copy of the Habeas Petition and accompanying papers, along with a copy of this Order and promptly file proof of such service on the docket. In the meantime, the Habeas Petition and this Order will be emailed to the Civil Division of the U.S. Attorneys Office for the Southern District of New York at the following email address:Jeffrey.Oestericher@usdoj.gov. ( Initial Conference set for 7/16/2026 at 01:00 PM before Judge Vernon S. Broderick., Show Cause Hearing set for 7/30/2026 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/13/2026) (rro) (Entered: 07/13/2026)

Jul 13, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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)

Jul 13, 2026

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edith Sangueza. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)

Jul 13, 2026

Notice to Attorney to Submit/File Civil Cover Sheet

Jul 13, 2026

Case Opening Initial Assignment Notice

Jul 13, 2026

Case Designated ECF. (jgo)

Jul 13, 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)

#5

Jul 15, 2026

Affidavit of Service Other

#6

Jul 15, 2026

Extension of Time

#7

Jul 16, 2026

Notice of Appearance

#8

Jul 16, 2026

Order on Motion for Extension of Time

#9

Jul 26, 2026

Notice of Appearance

#10

Jul 27, 2026

Declaration in Opposition (non-motion)

#11

Jul 27, 2026

Memorandum of Law in Opposition (non-motion)

#12

Jul 27, 2026

Response (non-motion)

Jul 28, 2026

1 - Terminate Hearings AND Pretrial Conference - Initial

#13

Jul 30, 2026

Extension of Time

#14

Jul 31, 2026

Order on Motion for Extension of Time

#15

Aug 10, 2026

Reply Memorandum of Law in Support (non-motion)

Aug 31, 2026

1 - Terminate Hearings AND Show Cause Hearing

#16

Sep 01, 2026

Letter

#17

Oct 30, 2026

OPINION & ORDER: For the reasons stated above, J.L.M.'s Petition is GRANTED. The Government shall provide an individualized bond hearing to Petitioner to determine whether his continued detention is justified within thirty days of this Opinion & Order. At the bond hearing, which must be before a neutral immigration judge, the Government must bear the burden of showing, by clear and convincing evidence, that Petitioner presents an unreasonable flight risk or threat to the community that c annot be mitigated by reasonable conditions of supervision or monetary bond. [T]he following conditions must be in place at [Petitioner's] individualized bond hearing: (i) the Government must carry the burden of proof to establish by clear and c onvincing evidence that [Petitioner] poses a flight risk or a future danger to the public; (ii) the IJ must meaningfully consider alternatives to imprisonment, including but not limited to release on recognizance, parole, or electronic monitoring; a nd (iii) the IJ must meaningfully consider [Petitioner's] ability to pay if a monetary bond is set. M.P.L., 2025 WL 2938993, at *7 (quoting Reid, 2020 WL 996604, at *12). Should the Government fail to provide such a hearing within thirty days o f this Opinion & Order, in the absence of consent to delay the hearing, the Government shall immediately release Petitioner from detention To ensure that the relief granted in this Opinion & Order is effectuated, the Government is enjoined from exe rcising an automatic stay should the Immigration Judge determine thatrelease on bond is appropriate. See O.F.C., 2026 WL 74262, at *15 ("Numerous courts aroun d the country have in recent weeks held that automatic stays violate procedural due pr ocess because they result in continued detention without requiring any articulated basis or individualized findings."). Further, the Immigration Judge may not rely on 8 U.S.C. § 1225 as a basis for Petitioner's detention. See Cunha v. Freden, No. 25-3141, 2026 WL 1146044, at *2 (2d Cir. Apr. 28, 2026) ("Section 1226(a) governs detention of noncitizens... who are present in the United States after entering the country without inspection and admission, and who were not apprehe nded while entering the country or shortly thereafter."). I retain jurisdiction over this matter to ensure compliance and to grant Petitioner release should my Opinion & Order not be complied with. The Government is ordered to provide this Opini on & Order to the Immigration Judge who will be presiding over the bond hearing within fourteen days of this Opinion & Order and to provide me with a transcript or recording of the bond hearing within one week of the hearing being held. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/30/2026) (rro) Transmission to Orders and Judgments Clerk for processing.

#18

Nov 02, 2026

CLERK'S JUDGMENT re: 17 Opinion & Order. in favor of J. L.M. against Judith Almodovar, Markwayne Mullin, Paul Arteta, Todd Blanche. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 30, 2026, J.L.M.'s Petition is GRANTED. The Government shall provide an individualized bond hearing to Petitioner to determine whether his continued detention is justified within thirty days of the Opinion & Order. (Signed by Clerk of Court Tammi M Hellwig on 11/2/2026) (nd)