Southern District of New York • 1:26-cv-06348
Alarcon Vizhnay v. Arteta
Active
Case Information
Filed: July 26, 2026
Assigned to:
John Peter Cronan
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241in Habeas Corpus: INS
Active
Last Activity:
July 29, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 26, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33192433) Document filed by Christian Alarcon Vizhnay. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Christiani, Nora) (Entered: 07/26/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 26, 2026
CIVIL COVER SHEET filed..(Christiani, Nora) (Entered: 07/26/2026)
Main Document:
Civil Cover Sheet
#3
Jul 26, 2026
ORDER: STAY OF REMOVAL: The undersigned issues this order in her capacity as Part I Judge. Petitioner shall not be removed from the United States absent further order of the Court. 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 the Court. SO ORDERED. Hon. Ronnie Abrams. (Entered: 07/26/2026)
#4
Jul 26, 2026
NOTICE OF APPEARANCE by Nhu-Y Ngo on behalf of Christian Alarcon Vizhnay..(Ngo, Nhu-Y) (Entered: 07/26/2026)
Main Document:
Notice of Appearance
Jul 26, 2026
Order
#5
Jul 27, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Judith Almodovar, Paul Arteta, Todd Blanche, Markwayne Mullin..(Waterman, Brandon) (Entered: 07/27/2026)
Main Document:
Notice of Appearance
#6
Jul 27, 2026
ORDER re: 3 Order, 1 Petition for Writ of Habeas Corpus filed by Christian Alarcon Vizhnay. On July 26, 2026, Petitioner initiated this case by filing a Petition for Writ of Habeas Corpus ("Petition") under 28 U.S.C. § 2241. Dkt. 1. No later than August 10, 2026, Respondents must respond to the Petition or indicate that they do not intend to oppose. By August 24, 2026, Petitioner may submit a reply in support of the Petition. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. The Order issued at Docket Number 3, prior to this case having been assigned to the undersigned, is vacated. An injunction preventing Petitioner from being transferred outside of this District is not warranted because when a habeas petitioner "files a petition naming [his] immediate custodian, the District Court retains jurisdiction" to rule on the petition notwithstanding any subsequent transfer. Rumsfeld v. Padilla, 542 U.S. 426, 441 (2004). Additionally, an injunction prohibiting removal from the United States is not warranted because Petitioner has not alleged facts showing that such removal is imminent and, in any event, "the burden of removal alone cannot constitute the requisite irreparable injury." Nken v. Holder, 556 U.S. 418, 435 (2009). SO ORDERED. Judith Almodovar answer due 8/10/2026; Paul Arteta answer due 8/10/2026; Todd Blanche answer due 8/10/2026; Markwayne Mullin answer due 8/10/2026.( Responses due by 8/24/2026) (Signed by Judge John P. Cronan on 7/27/2026) (jjc) Transmission to Docket Assistant Clerk for processing. (Entered: 07/27/2026)
Main Document:
Order AND ~Util - Set Deadlines
#7
Jul 27, 2026
CONSENT MOTION to Withdraw 1 Petition for Writ of Habeas Corpus . Document filed by Christian Alarcon Vizhnay. (Attachments: # 1 Proposed Order Proposed Order, # 2 Exhibit Immigration Court Removal Order).(Ngo, Nhu-Y) (Entered: 07/27/2026)
Main Document:
Withdraw
#8
Jul 27, 2026
ORDER: On this day, July 27, 2026, it is hereby ordered that Petitioner's Motion to Withdraw Petition for Writ of Habeas Corpus without Prejudice is granted. The habeas petition is withdrawn without prejudice, and the case is dismissed. All orders enjoining Petitioner's transfer or removal from the United States are vacated. The Clerk of Court is respectfully directed to close this case. BY THE COURT. (Signed by Judge John P. Cronan on 7/27/2026) (jjc) Transmission to Orders and Judgments Clerk for processing. (Entered: 07/27/2026)
Jul 27, 2026
Notice to Attorney Regarding Party Modification
Jul 27, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(gp)
Jul 27, 2026
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), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, 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. (gp)
Jul 27, 2026
Case Designated ECF. (gp)
Jul 27, 2026
Case Opening Initial Assignment Notice
Jul 27, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nora Marie Christiani. The party information for the following party/parties has been modified: all respondents. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp)
#9
Jul 29, 2026
Judgment - Clerk
Main Document:
Judgment - Clerk
Parties
Alarcon Vizhnay
Party
Arteta
Party