Eastern District of New York • 1:26-cv-04667

#1

Jul 31, 2026

PETITION for Writ of Habeas Corpus, filed by Gibou Chery. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 07/31/2026)

#2

Jul 31, 2026

MOTION to Appear Pro Hac Vice (For Calvin Pierre PRO HAC VICE FILING FEE: $ 200.00, receipt number 100027787) by Gibou Chery. (Attachments: # 1 Pro Hac Vice Affidavit, # 2 Pro Hac Vice Certificate of Good Standing, # 3 Pro Hac Vice Filing Fee Receipt) (KAD) (Entered: 07/31/2026)

Jul 31, 2026

Filing Fee Received

Jul 31, 2026

FILING FEE: $ 5.00, receipt number 100027787 (KAD)

#3

Aug 01, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Gibou Chery's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Pet., Dkt. 1), it is hereby ordered that: 1. Respondents shall, by 5:00 p.m. on August 5, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. Their response must: a) state the statutory provision(s) under which Respondents assert the authority to detain Petitioner currently and the provision(s) under which Respondents asserted the authority to detain Petitioner at the time of his arrest; b) provide information regarding the procedural posture of any pending Department of Homeland Security or Executive Office of Immigration Review proceedings; c) address whether Respondents take the position that Petitioner's detention accords with the statutory and constitutional requirements set forth in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); d) address whether the outcome of this case would be controlled by the reasoning of any of this Court's previous decisions, see, e.g., R.E.G.C. v. Mullin, No. 26-CV-3865 (PKC), 2026 WL 1959350 (E.D.N.Y. July 7, 2026); Caldas v. Mullin, No. 26-CV-3295 (PKC), 2026 WL 1704957 (E.D.N.Y. June 12, 2026); Nimaga v. Francis, No. 26-CV-2868 (PKC), 2026 WL 1656049 (E.D.N.Y. June 8, 2026); S.G.V. v. Genalo, No. 26-CV-2893 (PKC), 2026 WL 1492770 (E.D.N.Y. May 28, 2026); e) address whether the outcome of this case would be controlled by the reasoning of any of the previous decisions of other courts in this District, including, but not limited to, Macedo v. Maldonado, No. 26-CV-04443 (NRM), 2026 WL 2137984 (E.D.N.Y. July 24, 2026) and Centeno Rochez v. Genalo, No. 26-CV-03707 (RER), 2026 WL 1948773 (E.D.N.Y. July 6, 2026); f) provide all records that are material to this action, including, but not limited to, any documents related to Petitioner's arrest and custody determination(s) and all other exhibits necessary to establish the "lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition, " see Belqui M. v. Bondi, No. 26-CV-0308 (MJD) (SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), report and recommendation adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026); and g) provide a sworn declaration by a government official with personal knowledge of the facts on which Respondents rely in any opposition to the Petition, including the basis for arresting and detaining Petitioner and the basis for any custody determination(s). 2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District or the Southern District of New York absent further order of this Court. See Order to Show Cause, Samb v. Joyce, No. 25 CV 6373 (DEH) (S.D.N.Y. Aug. 4, 2025), Dkt. 3 (collecting cases issuing similar orders); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Pamela K. Chen on 8/1/2026. (MBH) (Entered: 08/01/2026)

#4

Aug 04, 2026

Extension of Time to File Response/Reply

Aug 05, 2026

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

#5

Aug 07, 2026

Response to Order to Show Cause

Aug 10, 2026

Scheduling Order

#6

Aug 13, 2026

Response to Order to Show Cause

Aug 13, 2026

Order on Motion for Leave to Appear Pro Hac Vice

#7

Aug 17, 2026

Letter

Aug 17, 2026

Scheduling Order

#8

Aug 22, 2026

Reply in Opposition

Aug 25, 2026

Scheduling Order

#9

Aug 26, 2026

Extension of Time to File Response/Reply

Aug 27, 2026

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

#10

Aug 28, 2026

Response to Order to Show Cause

#11

Aug 31, 2026

MEMORANDUM & ORDER: For the reasons stated in the attached Memorandum & Order, Gibou Chery's Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (Pet., Dkt. 1), is GRANTED. Respondents are hereby ORDERED to release Gib ou Chery immediately, and no later than August 31, 2026, at 5:00 p.m. ET. Respondents shall release Petitioner subject to the conditions at which he was at liberty before he was detained, without any additional constraints on his liberty, includ ing, but not limited to, electronic or GPS monitoring. Respondents must release Petitioner with all of his belongings that are in Respondents' possession, including but not limited to identification cards, clothing, and money. Respondents shall confirm compliance with these directives in a filing on the docket by 12:00 p.m. ET on September 1, 2026. Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conjunction with release (including release on recognizance or similar instruments) without prior notice to and authorization from the Court. Respondents shall not re-detain Petitioner without first moving before this Cour t to demonstrate compliance with all applicable regulatory, statutory, and constitutional requirements necessary to arrest and detain Petitioner. Should Respondents seek to re-detain Petitioner, they are directed to file a motion with the Court that justifies lawful detention. The Court retains jurisdiction to review any subsequent arrest or detention of Petitioner by Respondents to ensure compliance with this Memorandum and Order. Should Petitioner seek an award of reasonable fees and cost s pursuant to the Equal Access to Justice Act, he may do so by filing a letter application on the docket within 30 days of a final judgment in this action. 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Pamela K. Chen on 8/31/2026. (MBH)

#12

Sep 01, 2026

Letter

#13

Sep 02, 2026

Judgment - Clerk