Southern District of New York • 1:26-cv-06497

#1

Jul 29, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33213040) Request for emergency relief to be separately filed..Document filed by Raul Rivera. (Attachments: # 1 Exhibit Ex A. ICE Detainee Lookup).(Kerben, Reuben) (Entered: 07/29/2026)

#2

Jul 29, 2026

CIVIL COVER SHEET filed..(Kerben, Reuben) (Entered: 07/29/2026)

#3

Jul 29, 2026

EMERGENCY MOTION for Order to Show Cause . Document filed by Raul Rivera. (Attachments: # 1 Proposed Order Proposed Order to Show Cause).(Kerben, Reuben) (Entered: 07/29/2026)

#4

Jul 30, 2026

ORDER: On July 29, 2026, Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the petition in this action, hereby ORDERS that: (i) On or before July 31, 2026, the Government shall file a letter with the following information: a. Petitioner's A-number and current place of detention; b. The statutory provision(s) under which Respondents assert the authority to detain Petitioner; c. A copy of any final order of removal; d. Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; and e. An indication of whether this case is distinguishable from previous cases decided by this Court or by the Second Circuit. See, e.g., Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Ortiz- Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF); Reyes v. King, No. 19 Civ. 8674 (KPF), 2021 WL 3727614, at *6-7 (S.D.N.Y. Aug. 20, 2021). (ii) On or before August 4, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted. (iii) Petitioner shall have the opportunity to reply on or before August 11, 2026. (iv) The parties shall appear for a conference regarding the petition on August 18, 2026, at 12:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Respondents shall produce Petitioner at this hearing. (v) To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States without an order by this Court allowing such removal. See, e.g., M.K. v. Joyce, No. 25 Civ. 1935 (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 unless and until the Court orders otherwise." (emphasis omitted)); Garcia-Izquierdo v. Gartner, No. 4 Civ. 7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) ("Under the All Writs Act, 28 U.S.C. § 1651, the Court may order that a petitioners deportation be stayed when a stay is necessary to preserve the Courts jurisdiction of the case."). (vi) Moreover, to facilitate resolution of the petition, 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. See Samb v. Joyce, No. 25 Civ. 6373 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. #3 at 2) (collecting cases in support of enjoining transfer of petitioner outside of the New York City area). ( Responses due by 8/4/2026, Replies due by 8/11/2026., Status Conference set for 8/18/2026 at 12:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 7/30/2026) (rro) (Entered: 07/30/2026)

Jul 30, 2026

Case Opening Initial Assignment Notice

Jul 30, 2026

Notice to Attorney Regarding Party Modification

Jul 30, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Reuben Samuel Kerben. The party information for the following party/parties has been modified: William Joyce; Markwayne Mullin; Todd Blanche. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo)

Jul 30, 2026

Case Designated ECF. (jgo)

Jul 30, 2026

Magistrate Judge Valerie Figueredo 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. (jgo)

Jul 30, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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)

#5

Jul 31, 2026

Notice of Appearance

#6

Jul 31, 2026

Letter

#7

Aug 04, 2026

Response (non-motion)

#8

Aug 04, 2026

Declaration in Support (non-motion)

#9

Aug 05, 2026

Memorandum of Law in Support (non-motion)