Southern District of New York • 1:26-cv-07276

Cruz v. New York Field Office Director of Enforcement and Removal Operations

Active

Case Information

Filed: August 26, 2026
Assigned to: Jeannette A. Vargas
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity: September 14, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 26, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jose Carlos Felipe Cruz..(gp) (Entered: 08/26/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 26, 2026
ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF.1.Respondents show cause why the Petition should not be granted by August 31, 2026.2.Petitioner have an opportunity to reply by September 2, 2026.3.The parties APPEAR before this Court for a hearing on the petition on Friday, September 4, 2026, at 9:00 a.m. in the courtroom of the assigned Judge. Respondents shall produce Petitioner at the conference.4.Pending consideration of the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York, Eastern District of New York, or District of New Jersey and, relatedly, the United States of America.Counsel for Respondents shall promptly enter notices of appearance once the case is filed on ECFs. Document filed by Jose Carlos Felipe Cruz..(gp) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. (Entered: 08/26/2026)
Main Document: Proposed Order to Show Cause With Emergency Relief
#3
Aug 26, 2026
AMENDED STANDING ORDER IN RE PRO SE LITIGATION (See 24-MISC-127 Amended Standing Order filed August 19, 2026). 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 of record. 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. If the court receives information that the address of record for a self-represented party is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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 self-represented party's last known address and will also be viewable on the court's electronic docket. A party's failure to provide a valid address will not, however, preclude dismissal with prejudice for other reasons. A self-represented defendant who fails to comply with this Order by informing the court of a change of address or electronic contact information will be at risk of default or other sanctions. Self-represented parties may consent to electronic service to receive email notifications of all court filings, including court orders and all submissions filed by all parties. A party who consents to electronic service no longer receives regular mail delivery of court orders or submissions by other parties. Parties also may 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 court's website, https://nysd.uscourts.gov/forms. A notice directing the parties' attention to this Order shall be docketed (and mailed to any self-represented party who 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, or upon notice to the court that a party is proceeding pro se. The Clerk of Court is directed to change the caption on 24-MC-127 to "In Re: Pro Se Litigation." (Signed by Judge Laura Taylor Swain on 8/19/2026) (gp) (Entered: 08/26/2026)
Main Document: Amended Standing Order re Pro Se Litigation
#4
Aug 26, 2026
ORDER TO ANSWER, 28 U.S.C. § 2241The 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. The Court directs the Clerk of Court to mail a copy of this order to Pablo Rodriguez at the address listed on the docket sheet for this action. Pablo Rodriguez may receive court documents by email by completing the form, Consent to Electronic Service, which is attached. The Court also directs the Clerk of Court to mail Pablo Rodriguez an information package. SO ORDERED. (Signed by Judge Jeannette A. Vargas on 8/26/2026) (sgz) (Entered: 08/26/2026)
Main Document: Order to Answer, 28 U.S.C. 2241
#5
Aug 26, 2026
ORDER FOR APPEARANCE OF PRO BONO COUNSEL: For the foregoing reasons, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Court directs the Clerk of Court to mail a copy of this order to Pablo Rodriguez at the address listed on the docket sheet for this action. Pablo Rodriguez may receive court documents by email by completing the form located at https://nysd.uscourts.gov/sites/default/files/2021-03/Consent_Pro-Se_Eservice-form.pdf.SO ORDERED. (Signed by Judge Jeannette A. Vargas on 8/26/2026) (jca) (Entered: 08/26/2026)
Main Document: Order for Appearance of Pro Bono Counsel
Aug 26, 2026
Set/Reset Deadlines
Aug 26, 2026
Case Designated ECF
Aug 26, 2026
Set/Reset Hearings
Aug 26, 2026
Set/Reset Hearings: Status Conference set for 9/4/2026 at 09:00 AM before Judge Jeannette A. Vargas. (gp)
Aug 26, 2026
Set/Reset Deadlines: Replies due by 9/2/2026. (gp)
Aug 26, 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)
Aug 26, 2026
Case Designated ECF. (gp)
Aug 26, 2026
Note Regarding Service on Self-Represented Party
#6
Aug 27, 2026
ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: The petition was submitted without the filing fee or an IFP application. Within thirty days of the date of this order, the $5.00 filing fee must be submitted or the attached IFP application must be completed and submitted. If the IFP application is submitted, it should be labeled with docket number 26-CV-07276 (JAV). If the Court grants the IFP application, this action will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). Payment of the fee can be mailed to the following address: United States District Court for the Southern District of New York, Cashiers-Room 260, 500 Pearl Street, New York, NY 10007. Payment of the fees by mail must (1) be made by money order or certified check; (2) be made payable to: Clerk, USDC, SDNY; and (3) include docket number 26-CV-07276 (JAV). Personal checks are not accepted. Payment of the fees also can be made in person at the courthouse by credit card, money order, certified check, or cash. If Petitioner fails to comply with this order within the time allowed, the action will be dismissed without prejudice. 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 Clerk of Court is directed to transmit a copy of this order to Petitioner's next friend, Pablo Rodriguez, at the following email address: pablorodriguez11@proton.me. Filing Fee due by 9/28/2026. In Forma Pauperis (IFP) Application due by 9/28/2026. (Signed by Judge Jeannette A. Vargas on 8/27/2026) (sgz) (Entered: 08/27/2026)
Main Document: Order Directing Payment of Fee or IFP Application
Aug 27, 2026
MAILING RECEIPT: Document No: 3. Mailed to: JoseCarlos Felipe Cruz New York City Field Office for Enforcement and Removal Opera 26 Federal Plaza New York, NY 10278. (jca)
Aug 27, 2026
Mailing Receipt
#7
Aug 28, 2026
LETTER addressed to Judge Jeannette A. Vargas from Brandon M. Waterman dated August 28, 2026 re: Non-Recusal Letter. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Waterman, Brandon) (Entered: 08/28/2026)
Main Document: Letter
#8
Aug 28, 2026
LETTER addressed to Judge Jeannette A. Vargas from Brandon M. Waterman dated August 28, 2026 re: Answers to the Court's questions and request for the time the petition was filed. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Waterman, Brandon) (Entered: 08/28/2026)
Main Document: Letter
#9
Aug 28, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Waterman, Brandon) (Entered: 08/28/2026)
Main Document: Notice of Appearance
Aug 28, 2026
Mailing Receipt
Aug 28, 2026
MAILING RECEIPT: Document No: 5. Mailed to: JoseCarlos Felipe Cruz New York City Field Office for Enforcement and Removal Opera 26 Federal Plaza New York, NY 10278. (jca)
Aug 28, 2026
MAILING RECEIPT: Document No: 4. Mailed to: JoseCarlos Felipe Cruz New York City Field Office for Enforcement and Removal Opera 26 Federal Plaza New York, NY 10278. (jca)
#10
Aug 31, 2026
Pro Se Consent to Receive Electronic Service
Main Document: Pro Se Consent to Receive Electronic Service
Aug 31, 2026
Mailing Receipt
#11
Sep 03, 2026
ORDER : Petitioner has, through next friend Pablo Rodriguez, filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. ECF No. 1. On August 26, 2026, this Court issued an order directing the government to file a letter responding to the inquiries as set forth in the order. ECF No. 4. The Government's response, filed on August 28, 2026, included a request for an order to be filed on the docket that would provide "the exact time of the filing of Petitioner's habeas petition on August 26, 2026," as well as the attachment of "any email correspondence from petitioner or his representative to the Court that attached his petition" to aid in the Government's evaluation of whether venue is proper in this Court. ECF No. 8 at 1. On August 26, 2026, at 1:16 a.m., the Court received, by email, the Petition for the Writ of Habeas Corpus filed by Petitioner's next friend Pablo Rodriguez. A copy of the aforementioned email is attached to this order. (Signed by Judge Jeannette A. Vargas on 9/3/2026) (sgz) (Entered: 09/03/2026)
Main Document: Order
#12
Sep 03, 2026
ORDER. Because the Court has yet to find pro bono counsel for Petitioner, the hearing previously scheduled for September 4, 2026, at 9:00 a.m. is rescheduled to September 8, 2026, at 4:00 p.m. (HEREBY ORDERED by Judge Jeannette A. Vargas) (Text Only Order) (Yin-Olowu, Tammy) (Entered: 09/03/2026)
Sep 03, 2026
Order
#13
Sep 04, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Caridad Pastor on behalf of Jose Carlos Felipe Cruz.(Pastor, Caridad) (Entered: 09/04/2026)
Main Document: Notice of Appearance of Pro Bono Counsel
#14
Sep 08, 2026
NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Neagu, Tudor) (Entered: 09/08/2026)
Main Document: Notice of Appearance
#15
Sep 08, 2026
JOINT LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated September 8, 2026 re: Joint Proposed Briefing Schedule. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Neagu, Tudor) (Entered: 09/08/2026)
Main Document: Letter
#16
Sep 08, 2026
Response (non-motion)
Main Document: Response (non-motion)
#17
Sep 08, 2026
Memo Endorsement AND ~Util - Set Deadlines
Main Document: Memo Endorsement AND ~Util - Set Deadlines
Sep 09, 2026
Pro Se Payment of Fee - Processed
#18
Sep 10, 2026
Amended Petition
Main Document: Amended Petition
Sep 11, 2026
Notice to Attorney Regarding Deficient Pleading
#19
Sep 14, 2026
Amended Petition
Main Document: Amended Petition