Eastern District of New York • 1:26-cv-05000

#1

Aug 14, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20533277, filed by T. C.. (Sheild, Melinda) (Entered: 08/14/2026)

#2

Aug 14, 2026

Civil Cover Sheet.. by T. C. (Sheild, Melinda) (Entered: 08/14/2026)

#3

Aug 14, 2026

MOTION for Sanctions, MOTION to Seal Proceed Under Pseudonym by T. C.. (Sheild, Melinda) (Entered: 08/14/2026)

#4

Aug 14, 2026

Proposed Pretrial Order on Motion to Proceed under Pseudonym by T. C. (Sheild, Melinda) (Entered: 08/14/2026)

#5

Aug 17, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/17/2026)

#6

Aug 17, 2026

NOTICE of Appearance by Lucas S. Marquez on behalf of T. C. (aty to be noticed) (Marquez, Lucas) (Entered: 08/17/2026)

#7

Aug 17, 2026

Order on Motion for Sanctions

#8

Aug 17, 2026

Certificate of Service

Aug 17, 2026

Case Assigned/Reassigned

Aug 17, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by the petitioner. The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on August 20, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should explain the statutory authority for its detention of the petitioner, and, if applicable, whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) and this Court's opinions in Escalona v. Warden, No. 26-CV-3920, 2026 WL 2018505 (E.D.N.Y. July 13, 2026), and Diosa v. Warden, No. 26-CV-4068, 2026 WL 2056253 (E.D.N.Y. July 16, 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal. If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property. If the government files a response, the petitioner may file a reply by 5:00 p.m. on August 25, 2026, with proof of service to the Clerk of Court. To preserve the Court's jurisdiction pending a final ruling on the 1 petition, the petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-CV-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-CV-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025) (collecting cases in support of enjoining transfer of petitioner outside of New York City area). Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney. Ordered by Judge Ann M. Donnelly on 8/17/2026. (CES)

Aug 17, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Aug 17, 2026

Case Assigned to Judge Ann M. Donnelly. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

Aug 17, 2026

Order to Show Cause (463)

Aug 17, 2026

Quality Control Check - Summons

#9

Aug 19, 2026

Notice of Appearance

#10

Aug 19, 2026

Extension of Time to File Response/Reply

Aug 19, 2026

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

#11

Aug 25, 2026

Letter

#12

Aug 28, 2026

Reply in Support

#13

Sep 09, 2026

MEMORANDUM DECISION AND ORDER. The petition for a writ of habeas corpus under 28 U.S.C. §2241 is granted. By September 11, 2026, the government is directed to provide the petitioner with a bond hearing before an immigration judge. At the bond he aring, the Government bears the burden of demonstrating by clear and convincing evidence that the petitioner is either a danger to the community or a flight risk; the immigration judge must also consider whether there are alternatives to detention, a nd in determining whether to set a bond amount, the immigration judge must consider the petitioners ability to pay. See Black, 103 F.4th at 15558. If the government does not give the petitioner a bond hearing by September 11, 2026, it must release hi m from custody immediately. The government is directed to submit a letter by September 14, 2026 certifying compliance with this Order; in that letter, the government must report the date the hearing took place and its outcome. The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case.Ordered by Judge Ann M. Donnelly on 9/8/2026. (DG)

#14

Sep 14, 2026

Letter

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Sep 15, 2026

Judgment - Clerk