Active
Case Information
Filed: August 04, 2026
Assigned to:
Evelyn Padin
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 04, 2026
Parties:
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Docket Entries
#1
Aug 02, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Cesar Montoya Quintero.(gp) Modified on 8/3/2026 (tro). (Entered: 08/03/2026)
Main Document:
PETITION
Aug 02, 2026
Magistrate Judge Ona T. Wang 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 02, 2026
Case Designated ECF. (gp)
Aug 02, 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)
#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)
Main Document:
STANDING
#3
Aug 03, 2026
ORDER : The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this order.Within two business days of the date of this order, Respondents shall file a letter with the Court with the information described in this order The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action and to email a copy of this order to next friend Richard Mendez at the address listed on the docket. Richard Mendez may receive court documents by email by completing the form, Consent to Electronic Service. The Court also directs the Clerk of Court to mail Petitioner and email next friend Richard Mendez an information package. (Signed by Judge Gregory H. Woods on 8/3/2026) (sgz) (Entered: 08/03/2026)
Main Document:
ORDER
#4
Aug 03, 2026
ORDER : Accordingly, within 7 days of the date of this order, Cesar Montoya Quintero or Richard Mendez must pay the $5.00 filing fee or submit a completed and signed IFP application.1 If an IFP application is filed, it should be labeled with docket number 26-CV-6605 (GHW). 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 Cesar Montoya Quintero or Richard Mendez fail to comply with this order within the time allowed, and do 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 mail a copy of this order to Petitioner at the address listed on the docket sheet for this action and email a copy of this order to Richard Mendez at the address listed on the docket sheet for this action. Richard Mendez may receive court documents by email by completing the form, Consent to Electronic Service. Filing Fee due by 8/10/2026. In Forma Pauperis (IFP) Application due by 8/10/2026. (Signed by Judge Gregory H. Woods on 8/3/2026) (sgz) (Entered: 08/03/2026)
Main Document:
ORDER
#5
Aug 04, 2026
HABEAS PACKAGE MAILED to Cesar Montoya Quintero Delaney Hall Detention Facility 451 Doremus Avenue NA Newark, NJ 07105, at, on 8/4/2026 Re: 3 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) (Main Document 5 replaced on 8/5/2026) (fbm, ). (Entered: 08/04/2026)
Main Document:
Staff Notes (court-only)
#6
Aug 04, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Acting Director US. ICE Field Office Director, Todd Lyons, US Attorney General..(Waterman, Brandon) (Entered: 08/04/2026)
Main Document:
Notice of Appearance
#7
Aug 04, 2026
LETTER addressed to Judge Gregory H. Woods from Brandon M. Waterman dated August 4, 2026 re: Response to the Court's Order. Document filed by Acting Director US. ICE Field Office Director, Todd Lyons, US Attorney General..(Waterman, Brandon) (Entered: 08/04/2026)
Main Document:
Letter
#8
Aug 04, 2026
ORDER : Mr. Mendez is ordered to submit a sworn affidavit setting forth the factual bases for the Court to conclude that he has next friend standing to file a petition on behalf of Mr. Montoya Quintero no later than August 11, 2026. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action and to email a copy of this order to Richard Mendez at the address listed on the docket sheet for this action. Richard Mendez may receive court documents by email by completing the form, Consent to Electronic Service. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/4/2026) (sgz) (Entered: 08/04/2026)
Main Document:
Order
#9
Aug 04, 2026
TRANSFER ORDER : Accordingly, because Petitioner was not located in the Southern District of New York at the time he filed this Petition, and therefore, the Court does not have jurisdiction over his custodian, see Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004), in the interest of justice, the Court transfers this petition to the United States District Court for the District of New Jersey. See 28 U.S.C. §§ 1404(a), 1406(a). The Court directs the Clerk of Court to transfer this action to the District of New Jersey. The Court waives Local Civil Rule 83.1, which requires a seven-day delay before the Clerk of Court may transfer a case, and directs immediate transfer. The Clerk of Court is directed to email a copy of this order to usanys.2241@usdoj.gov. The United States Attorney is directed forthwith to alert the Chief of the Civil Division United States Attorney's Office for the District of New Jersey of the transfer of this matter. The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action and to email a copy of this order to Richard Mendez at the address listed on the docket sheet for this action. This order closes the case in the Southern District of New York. (Signed by Judge Gregory H. Woods on 8/4/2026) (sgz) Transmission to Office of the Clerk of Court for processing. (Entered: 08/04/2026)
Main Document:
Order
#10
Aug 04, 2026
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:26-cv-06605. Original file certified copy of transfer order and docket sheet received. (Entered: 08/04/2026)
Main Document:
Case Transferred In - District Court Transfer
#11
Aug 04, 2026
TEXT ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. So Ordered by Chief Judge Renee Marie Bumb on 8/4/2026. (jjc, ) (Entered: 08/04/2026)
Aug 04, 2026
Emergent Immigration Habeas Non-transfer Order
Aug 04, 2026
Add and Terminate Judges
Aug 04, 2026
Case Transferred Out - District Court Transfer
Aug 04, 2026
Exhibit (to Document)
Aug 04, 2026
MAILING RECEIPT: Document No: 2,3,4. Mailed to: Cesar MontoyaQuintero Delaney Hall Detention Facility 451 Doremus Avenue NA Newark, NJ 07105. (anc)
Aug 04, 2026
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(sgz)
Aug 04, 2026
Judge Evelyn Padin added. (jjc, )
Parties
LYONS
Party
MONTOYA QUINTERO
Party