Southern District of New York • 1:26-cv-06592

#1

Jul 31, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Alexander Villanueva Diaz..(gp) (Entered: 08/03/2026)

Jul 31, 2026

Case Designated ECF. (gp)

#3

Aug 01, 2026

ORDER: Petitioner has filed a Petition for a writ of habeas corpus under 28 U.S.C.§ 2241. The Court, having examined the Petition, and in its capacity as Part I Judge, hereby ORDERS as follows: In order to preserve the assigned Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States absent further order of the undersigned or of the assigned District Judge. See, e.g., Khalil v. Joyce, No. 25 Civ. 1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (citing cases); see also, e.g., Du v. United States Dep't of Homeland Sec., No. 25 Civ. 644 (OAW), 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) ("[A] a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases."). Moreover, Respondent 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 undersigned or of the assigned District Judge. See, e.g., Perez y Perez v. Noem, No. 25 Civ. 4828 (DEH), 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025) (enjoining a habeas petitioner's transfer pending adjudication of his petition); see also, e.g., Arostegui- Maldonado v. Baltazar, No. 25 Civ. 2205 (WJM), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25 Civ. 7117 (BLF), 2025 WL 2677125, at *8-9, *11(N.D. Cal. Sept. 18, 2025) (same). (Signed by Judge Jennifer H. Rearden (Part I) on 8/1/2026) (tro) Modified on 8/3/2026 (tro). (Entered: 08/03/2026)

#2

Aug 03, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (gp) (Entered: 08/03/2026)

#4

Aug 03, 2026

ORDER: The parties are directed to appear, by telephone, for a conference regarding the petitioner's petition for writ of habeas corpus today, August 3, 2026, at 5:00 p.m. Dial-in: 646-453-4442, with access code 675 278 33# SO ORDERED. (Signed by Judge John G. Koeltl on 8/3/2026) ( Telephone Conference set for 8/3/2026 at 05:00 PM before Judge John G. Koeltl.) (ks) (Entered: 08/03/2026)

#5

Aug 03, 2026

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Accordingly, within 30 days of the date of this order, Petitioner or his next friend must pay the $5.00 filing fee or submit a completed and signed IFP application. If an IFP application is filed, it should be labeled with docket number 26-CV-6592(JGK). If the Court grants the IFP application, this action will proceed without the prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Petitioner and his next friend fails to comply with this order within the time allowed, and does not request additional time to respond, the Court will dismiss this action. Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Court directs the Clerk of Court to email a copy of this order to the petitioner's next friend at franciadiaz273@gmail.com. Petitioner's next friend may receive court documents by email by completing the form, Consent to Electronic Service. SO ORDERED. (Signed by Judge John G. Koeltl on 8/3/2026) Filing Fee due by 9/2/2026. In Forma Pauperis (IFP) Application due by 9/2/2026. (ks) (Entered: 08/03/2026)

#6

Aug 03, 2026

ORDER: The Government is directed to confer with the petitioner's next friend and to submit a proposed schedule by Thursday, August 6, 2026. Additionally, the Government should undertake to ensure that the petitioner's medical needs are being appropriately tended to. The Government is directed to serve a copy of this Order on the petitioner. The Clerk is respectfully requested to email a copy of this order to franciadiaz273@gmail.com. SO ORDERED. (Signed by Judge John G. Koeltl on 8/3/2026) (ks) Transmission to Office of the Clerk of Court for processing. (Entered: 08/04/2026)

Aug 03, 2026

Note Regarding Service on Self-Represented Party

Aug 03, 2026

Magistrate Judge Henry J. Ricardo 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)

Aug 03, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(gp)

#7

Aug 04, 2026

NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of Department of Homeland Security..(Rosenbaum, Jessica) (Entered: 08/04/2026)

Aug 04, 2026

Mailing Receipt

Aug 04, 2026

MAILING RECEIPT: Document No: 2,3,4,5. Mailed to: Alexander VillanuevaDiaz . (anc)