Active
Case Information
Filed: August 10, 2026
Assigned to:
Brenda Kay Sannes
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 24, 2026
Parties:
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Docket Entries
#1
Aug 10, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.00- receipt # ANYNDC-7713540 filed by Josue Vasquez Martinez. (Attachments: # 1 Exhibit(s), # 2 Civil Cover Sheet)(nas) (Entered: 08/10/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 10, 2026
TEXT ORDER: The Court has reviewed Petitioner Josue Vasquez Martinez's Petition under 28 U.S.C. § 2241 seeking immediate release, or, in the alternative, a bond hearing, as well as Petitioner's request that the Court enjoin his transfer outside the Northern District of New York. It is ORDERED: (1) that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved; (2) that Respondents file a response to the Petition by Thursday, 8/13/2026, and that any response include updated information regarding Petitioner's location and any immigration proceedings being pursued; and (3) that Petitioner shall file a reply, if any, by Monday, 8/17/2026. The Court will decide whether a hearing is necessary after reviewing the parties' submissions. The Clerk of the Court is respectfully directed to serve copies of this Text Order and the Petition upon the United States Attorney for the Northern District of New York in accordance with the Local Rules. SO ORDERED by Chief Judge Brenda K. Sannes on 8/10/2026. (meb) (Entered: 08/10/2026)
Main Document:
Order on Habeas Corpus Petition 28USC2241
#3
Aug 10, 2026
NOTICE OF APPEARANCE by Emer M. Stack on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney (Stack, Emer) (Entered: 08/10/2026)
Main Document:
NOTICE
#4
Aug 10, 2026
Letter Motion from AUSA Emer M. Stack for Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney requesting that the Court modify its Text Order, dated August 10, 2026, to permit Petitioner's detention within either the Northern District or Western District of New York submitted to Judge Sannes . (Stack, Emer) (Entered: 08/10/2026)
Main Document:
Letter Request/Motion
#5
Aug 12, 2026
RESPONSE to Motion re 4 Letter Request/Motion, filed by Josue Vasquez Martinez. (Manley, Kathy) (Entered: 08/12/2026)
Main Document:
RESPONSE
#6
Aug 12, 2026
NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of All Defendants (Osborne, Alexis) (Entered: 08/12/2026)
Main Document:
NOTICE
#7
Aug 12, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit(s) A- Form I-213, # 2 Exhibit(s) B-NTA, # 3 Exhibit(s) C- I-94, # 4 Exhibit(s) D- Signed I-213, # 5 Exhibit(s) E- I-200)(Osborne, Alexis) (Entered: 08/12/2026)
Main Document:
RESPONSE
#8
Aug 13, 2026
TEXT ORDER: Having reviewed the 1 Petition and the 7 Response, the Court finds that Petitioner is entitled under 8 U.S.C. § 1226 to an individualized bond hearing. Such hearing shall be held within fourteen days. At the hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that the Petitioner is a danger to the community or a flight risk. If the Government satisfies its burden as to danger to the community or flight risk, the Immigration Judge shall consider alternatives to detention and in setting any bond, the Immigration Judge shall consider the Petitioner's ability to pay. Respondents shall file a status report within five days of the issuance of a decision on the bond hearing. SO ORDERED by Chief Judge Brenda K. Sannes on 8/13/2026. (nmk) (Entered: 08/13/2026)
#9
Aug 13, 2026
Letter Motion from Alexis Osborne for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella requesting a transfer restriction lift submitted to Judge Sannes . (Osborne, Alexis) (Entered: 08/13/2026)
Main Document:
Letter Request/Motion
#10
Aug 13, 2026
TEXT ORDER: The Court is in receipt of Respondents' letters 4, 9 asking the Court to modify its previous Order which prohibited the transfer of Petitioner outside of the Northern District of New York. Respondents ask for the Court's permission to transfer Petitioner to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York. Counsel for the Petitioner opposes the modification. In light of Respondents' representation, the Court MODIFIES its previous Order 2 . Petitioner may be transferred to the Western District of New York but shall not otherwise be moved out of the Northern or Western Districts of New York without leave of the Court, and wherever Petitioner is housed, he should receive timely and appropriate access to counsel both telephonically and/or in person. SO ORDERED by Chief Judge Brenda K. Sannes on 8/13/2026. (nmk) (Entered: 08/13/2026)
#11
Aug 13, 2026
Letter Motion from Kathy Manley for Josue Vasquez Martinez requesting Immediate Release submitted to Judge Brenda K. Sannes . (Manley, Kathy) (Entered: 08/13/2026)
Main Document:
Letter Request/Motion
Aug 13, 2026
Order
Aug 13, 2026
Order on Letter Request AND Order on Letter Request
#12
Aug 14, 2026
TEXT ORDER: Respondents are directed to file a response to the 11 Letter Motion requesting Immediate Release by 8/21/2026. SO ORDERED by Chief Judge Brenda K. Sannes on 8/14/2026. (nmk) (Entered: 08/14/2026)
Aug 14, 2026
Order Setting Hearing on Motion
#13
Aug 20, 2026
STATUS REPORT by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Bond Order)(Osborne, Alexis) (Entered: 08/20/2026)
Main Document:
STATUS
#14
Aug 20, 2026
RESPONSE to Motion re 11 Letter Request/Motion filed by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Bond Order)(Osborne, Alexis) (Entered: 08/20/2026)
Main Document:
RESPONSE
#15
Aug 24, 2026
TEXT ORDER: The Court has reviewed the Respondents' 13 Status Report and 14 Response to Petitioner's 11 Letter Motion seeking immediate release. According to Respondents, "the Immigration Judge ordered [Petitioner] released under a $20,000 bond." (Dkt. No. 14, at 4). Petitioner is directed to file a letter by 8/31/2026 indicating what, if any, additional relief he seeks. SO ORDERED by Chief Judge Brenda K. Sannes on 8/24/2026. (nmk) (Entered: 08/24/2026)
#16
Aug 24, 2026
Letter Motion from Kathy Manley for Josue Vasquez Martinez requesting An Order regarding possible future detention submitted to Judge Brenda K. Sannes . (Manley, Kathy) (Entered: 08/24/2026)
Main Document:
Letter Request/Motion
Aug 24, 2026
Order
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