Eastern District of New York • 1:26-cv-04549

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus, filed by Jeremias Anselmo Tumax Rodriguez. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 07/28/2026)

#2

Jul 28, 2026

FILING FEE: $ 5.00, receipt number 100027727 (KAD) (Entered: 07/28/2026)

#3

Jul 28, 2026

ORDER TO SHOW CAUSE: Upon consideration of the 1 Petition for Writ of Habeas Corpus ("Petition"), IT IS HEREBY ORDERED that: 1) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted and to serve a copy of that return upon pro se Petitioner with proof of service on the docket by July 31, 2026, see 28 U.S.C. § 2243; 2) The parties are further ORDERED to appear for a hearing on the Petition on August 3, 2026, at 11:30 a.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by July 31, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the submissions. Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("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."). The Clerk of Court is directed to mail a copy of this order and the docket sheet to pro se Petitioner, to email the same to yuri@yhovlaw.com, and to note having done so on the docket. Ordered by Judge Orelia E. Merchant on 7/28/2026. (MMP) (Entered: 07/28/2026)

#4

Jul 29, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, Marcos Charles, Markwayne Mullin, Rodney S. Scott, Donald J. Trump, John Tsoukaris, David Venturella, Warden In Charge of ICE Detention (aty to be noticed) (Taveras, Tiffany) (Entered: 07/29/2026)

#5

Jul 29, 2026

First MOTION to Appear Pro Hac Vice Filing fee $ 200, receipt number ANYEDC-20474813 by Yuri Hovhannisyan. (Attachments: # 1 Proposed Order Proposed Order for Admission Pro Hac Vice, # 2 Pro Hac Vice Affidavit Affidavit in Support of Admission Pro Hac Vice, # 3 Pro Hac Vice Certificate of Good Standing Certificate of Good Standing) (Hovhannisyan, Yuri) (Entered: 07/29/2026)

#6

Jul 29, 2026

NOTICE of Appearance by Yuri Hovhannisyan on behalf of Yuri Hovhannisyan (notification declined or already on case) (Attachments: # 1 Pro Hac Vice Filing Fee Receipt) (Hovhannisyan, Yuri) (Entered: 07/29/2026)

Jul 29, 2026

ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance to ensure electronic notification of activity in this case. Also, the attorney shall ensure the 200.00 filing fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Orelia E. Merchant on 7/29/2026. (MMP)

Jul 29, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#7

Jul 30, 2026

Extension of Time to File Response/Reply

Jul 30, 2026

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

#8

Aug 07, 2026

Letter

Aug 10, 2026

Order(Other)

#9

Aug 11, 2026

Reply in Support

Aug 13, 2026

~Util - Set Hearings

Aug 21, 2026

Show Cause Hearing

#10

Aug 31, 2026

Mail Returned

#11

Aug 31, 2026

REPLY in Support of habeas corpus petition, MEMORANDUM in Support filed by Jeremias Anselmo Tumax Rodriguez. (Attachments: # 1 Exhibit Copy of Hearing Notices in Respondents Immigration Court Case, # 2 Exhibit Motion to Reopen Submitted 11/12/2025 by Sarah V. Howland Esq., # 3 Exhibit Recent Psychological Evaluations of Petitioners Children) (Hovhannisyan, Yuri) (Entered: 08/31/2026)

#12

Sep 02, 2026

Judgment - Clerk

#13

Sep 02, 2026

Notice of Appeal

Sep 02, 2026

Memorandum & Opinion

Sep 02, 2026

Order(Other)

Sep 02, 2026

ORDER re: 11 : Due to the sensitive nature of the medical information contained in Petitioner's 11 reply, the Court sua sponte directs the Clerk of Court to seal that document. Ordered by Judge Orelia E. Merchant on 9/2/2026. (MMP)

Sep 02, 2026

ORDER: Petitioner's 1 Petition for Writ of Habeas Corpus ("Petition") is denied. As amended by the REAL ID Act of 2005, 8 U.S.C. § 1252 ("Section 1252") strips federal district courts of jurisdiction over habeas corpus petitions that challenge final orders of removal. De Ping Wang v. Dep't of Homeland Sec., 484 F.3d 615, 615-16 (2d Cir. 2007). The plain language of Section 1252 precludes district courts from exercising jurisdiction over direct challenges to removal orders, see Delgado v. Quarantillo, 643 F.3d 52, 55 (2d Cir. 2011) (per curiam); 8 U.S.C. §§ 1252(a)(5), (b)(9), and the Second Circuit has interpreted the statute even more expansively, holding that "section 1252(a)(5)'s jurisdictional bar applies equally to preclude...indirect challenge[s]," as well, Delgado, 643 F.3d at 55. Consistent with Delgado and with the Second Circuit's more recent decision in Ozturk v. Hyde, 136 F.4th 382, 399-401 (2d Cir. 2025), district courts in this Circuit routinely hold that they lack jurisdiction to grant habeas petitions that indirectly challenge final orders of removal. See, e.g., Morales Jimenez v. Shanahan, 26-cv-1501 (BMC), 2026 WL 1309291, at *2-3 (E.D.N.Y. May 13, 2026) (denying a habeas petitioner's request for release and alternative request for a bond hearing due to the jurisdictional bar created by the petitioner's reinstated removal order); Villatoro v. Shanahan, 26-CV-1210 (AMD), 2026 WL 948297, at *3 (E.D.N.Y. Apr. 7, 2026) ("Releasing the petitioner from mandatory detention would frustrate the government's ability to enforce the removal order; accordingly, the petitioner is making an indirect challenge to the removal order."); Sauceda Henriquez v. Noem, 25-cv-07023-LDH, 2026 WL 111665, at *4 (E.D.N.Y. Jan. 15, 2026) ("Courts in this circuit have found that a challenge to a petitioner's detention, following an order of removal, constitutes such an indirect challenge to an order of removal.").The Petition is jurisdictionally barred. On January 13, 2025, an Immigration Judge ("IJ") entered an order of removal in absentia against Petitioner after he conceded the charge of inadmissibility at an initial master calendar hearing on September 7, 2022, and subsequently failed to appear. See Dkt. 8 at 2; Dkt. 8-4 (attaching the IJ's order of removal). On November 12, 2025, Petitioner filed a motion to reopen removal proceedings and rescind the removal order, which the IJ denied on November 25, 2025. See Dkt. 8 at 2; Dkt. 8-5 (attaching the IJ's order denying the motion to reopen). Petitioner concedes that he challenges his removal, as opposed to the constitutionality of his detention, see Dkt. 1 at 2, and Petitioner's arguments concerning prudential exhaustion, see Dkt. 11 at 8-10, do not respond to or resolve that jurisdictional bar. Therefore, the Court declines to adopt them.Accordingly, the Petition is denied, and the Court's July 28, 2026, stay of Petitioner's removal pending a decision on the Petition is lifted. The Clerk of Court is directed to enter judgment in accordance with this order and close this case. Ordered by Judge Orelia E. Merchant on 9/2/2026. (MMP)

Sep 02, 2026

Electronic Index to Record on Appeal