Eastern District of New York • 1:26-cv-04532

#1

Jul 27, 2026

PETITION for Writ of Habeas Corpus, filed by Jose Manuel Guaraca-Tipan. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Order, # 3 Certificate of Service) (SDM) (Entered: 07/27/2026)

Jul 27, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Jul 27, 2026

Quality Control Check - Summons

Jul 27, 2026

Order to Show Cause (463)

Jul 27, 2026

FILING FEE RECEIVED: $ 5.00, receipt number 100027723 (KAD)

Jul 27, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Jose Manuel Guaraca-Tipan. The United States Attorney, as attorney for Respondents, is directed to show cause by 4:00 p.m. on July 30, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226.If the government's position is that Petitioner was initially detained under § 1225 and is now properly detained under § 1226, its response shall show cause as to why such a theory is proper in light of Judge Reyes's decision in Pastrana-Beltran v. Mullin, No. 26-cv-2657, 2026 WL 1398609 (E.D.N.Y. May 19, 2026). If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026).Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is 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 its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on August 4, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 7/27/2026. (SMR)

#2

Jul 28, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden (aty to be noticed) (Taveras, Tiffany) (Entered: 07/28/2026)

#3

Jul 28, 2026

First MOTION for Extension of Time to File Response/Reply on consent by Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden. (Taveras, Tiffany) (Entered: 07/28/2026)

#4

Jul 28, 2026

MOTION to Appear Pro Hac Vice (For Attorney Maribel Josefina Allen -PRO HAC VICE FILING FEE RECEIVED: $ 200.00, receipt number 100027724). (Attachments: # 1 Pro Hac Vice Affidavit, # 2 Pro Hac Vice Filing Fee Receipt, # 3 Pro Hac Vice Certificate of Good Standing) (KAD) (Entered: 07/28/2026)

Jul 28, 2026

Filing Fee Received

Jul 29, 2026

Order on Motion for Extension of Time to File Response/Reply

Jul 30, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#5

Aug 03, 2026

Notice of Appearance

#6

Aug 03, 2026

Letter

#7

Aug 04, 2026

Letter

#8

Aug 05, 2026

Order Dismissing Case