Eastern District of New York • 1:26-cv-04256

#1

Jul 16, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20431813, filed by ALEX GARCIA FERNANDEZ. (Kelman, Lorne) (Entered: 07/16/2026)

#2

Jul 16, 2026

Civil Cover Sheet.. by ALEX GARCIA FERNANDEZ (Kelman, Lorne) (Entered: 07/16/2026)

#3

Jul 16, 2026

Proposed Summons. by ALEX GARCIA FERNANDEZ (Kelman, Lorne) (Entered: 07/16/2026)

#4

Jul 16, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 07/16/2026)

#5

Jul 16, 2026

Summons Issued as to Executive Office For Immigration Review, U.S. Department of Homeland Security, Warden of Delaney Hall Detention Facility, U.S. Attorney and U.S. Attorney General (SDM) (Entered: 07/16/2026)

#6

Jul 16, 2026

SCHEDULING ORDER: In order to preserve the Court's jurisdiction pending final disposition of the Petition, respondents are ENJOINED from moving petitioner to a location outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order of this Court. Respondents shall submit a letter, by Friday, July 17, 2026, at 5:00 p.m., stating: (1) where petitioner was detained at the time the Petition was filed; (2) the statutory provision(s) under which respondents assert the authority to detain petitioner; and (3) whether the Second Circuit's decision in Barbosa Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) controls, or whether otherwise there is any material basis to distinguish the instant case from this Court's prior decisions in Y- C- v. Genalo, No. 25-cv-06558, 2025 WL 3653496 (E.D.N.Y. Dec. 17, 2025), Crespo Tacuri v. Genalo, No. 25-cv-06896, 2026 WL 35569 (E.D.N.Y. Jan. 6, 2026), Terrero v. Tsoukaris, No. 26-cv-00869, 2026 WL 607917 (E.D.N.Y. Mar. 4, 2026), Meza v. Francis, No. 26-cv-02722, 2026 WL 1734903 (E.D.N.Y. June 16, 2026), R.S.J.R. v. Mullin, No. 26-cv-03611, ECF No. 9 (E.D.N.Y. June 23, 2026), Menjivar v. Genalo, No. 26-cv-02506, ECF No. 16 (E.D.N.Y. June 12, 2026), or any other decision of this Court. If respondents take the position that the present case is controlled by Barbosa Da Cunha and/or is not materially different from one or more of the Court's prior decisions, respondents shall further state whether respondents consent to the issuance of the writ, and petitioner's immediate release, subject to preservation of respondents' arguments for appeal. If respondents take the position that the present case is not controlled by Barbosa Da Cunha or any of the Court's prior decisions, respondents are ordered to show cause, in writing, as to why the relief sought in the Petition should not be granted and otherwise respond to the factual and legal assertions in the Petition no later than Tuesday, July 21, 2026. If respondents file a response to the Order to Show Cause, they are directed to file, under seal if necessary, any records, documents, or other information in petitioner's immigration file, as well as any underlying records relied upon in their submission not yet filed by petitioner, and records indicating whether any property was seized from petitioner at the time of arrest. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than Thursday, July 23, 2026. If respondents file a response to the Order to Show Cause, the parties shall appear for a hearing and oral argument on the petition on Tuesday, July 28, 2026, at 11:00 a.m. before the Hon. Natasha C. Merle. The hearing will proceed by telephone. The parties are directed to call (571) 353-2301 five minutes before the scheduled start of the conference and use meeting ID 913 134 947. The Clerk of the Court is respectfully directed to deliver a copy of this Order to the U.S. Attorney's Office at Richard.Hayes@usdoj.gov. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 7/16/2026. (AG) (Entered: 07/16/2026)

Jul 16, 2026

Case Assigned/Reassigned

Jul 16, 2026

Case Assigned to Judge Natasha C. Merle. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

#7

Jul 17, 2026

NOTICE of Appearance by Christopher John Byrne on behalf of Executive Office For Immigration Review, U.S. Department of Homeland Security, Warden of Delaney Hall Detention Facility (aty to be noticed) (Byrne, Christopher) (Entered: 07/17/2026)

#8

Jul 17, 2026

STIPULATION of Dismissal without prejudice by Executive Office For Immigration Review, U.S. Department of Homeland Security, Warden of Delaney Hall Detention Facility (Byrne, Christopher) (Entered: 07/17/2026)

Jul 20, 2026

~Util - Terminate Civil Case