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

#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)

#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)

#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 If the court receives information that the address of record for a self-represented party is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order.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)

#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)

#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)

#10

Aug 26, 2026

PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Pablo A. Rodriguez consents to receive electronic service via the ECF system. Document filed by Pablo Rodriguez.(tro) (Entered: 08/31/2026)

Aug 26, 2026

Set/Reset Hearings

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

Aug 26, 2026

Set/Reset Deadlines: Replies due by 9/2/2026. (gp)

Aug 26, 2026

Case Designated ECF. (gp)

Aug 26, 2026

Set/Reset Deadlines

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

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)

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)

#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)

#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)

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)

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 31, 2026

Mailing Receipt

Aug 31, 2026

MAILING RECEIPT: Document No: 6. Mailed to: JoseCarlos Felipe Cruz New York City Field Office for Enforcement and Removal Opera 26 Federal Plaza New York, NY 10278. (jca)

#16

Sep 01, 2026

PETITIONER'S RESPONSE TO RESPONDENTS' ANSWERS TO THE COURT'S QUESTIONS. Document filed by Pablo Rodriguez. DATED: September 1, 2026. (bw) (Entered: 09/08/2026)

#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)

#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)

#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)

#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)

#17

Sep 08, 2026

MEMO ENDORSEMENT on re: 15 Letter, filed by Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations, Immigration Customes Enforcement (ICE). ENDORSEMENT: SO ORDERED. ( Amended Pleadings due by 9/11/2026.) (Signed by Judge Jeannette A. Vargas on 9/8/2026) (sgz) (Entered: 09/08/2026)

Sep 09, 2026

Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 9/9/2026, Receipt Number 51663. (je)

Sep 09, 2026

Pro Se Payment of Fee - Processed

#18

Sep 10, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus against Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations, Jeffrey Oestericher.Document filed by Jose Carlos Felipe Cruz. Related document: 1 Petition for Writ of Habeas Corpus..(Pastor, Caridad) Modified on 9/11/2026 (pc). (Entered: 09/10/2026)

Sep 11, 2026

Notice to Attorney Regarding Deficient Pleading

Sep 11, 2026

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Caridad Pastor to RE-FILE re: Document No. 18 Amended Petition,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)

#19

Sep 14, 2026

AMENDED PETITION amending 18 Amended Petition, against Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations.Document filed by Jose Carlos Felipe Cruz. Related document: 18 Amended Petition,..(Pastor, Caridad) (Entered: 09/14/2026)

#20

Sep 17, 2026

RESPONSE re: 19 Amended Petition, . Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations. (Attachments: # 1 Exhibit A, Record of Deportable-Inadmissible Alien, Form I-213, Aug. 25, 2026, # 2 Exhibit B, Warrant for Arrest of Alien, Form I-200, Aug. 25, 2026, # 3 Exhibit C, Notice to Appear, Form I-862, Aug. 25, 2026, # 4 Exhibit D, Notice of Custody Determination, I-286, Aug. 25, 2026, # 5 Exhibit E, Velesaca Worksheet, Aug. 25, 2026).(Neagu, Tudor) (Entered: 09/17/2026)

#21

Sep 17, 2026

MEMORANDUM OF LAW in Opposition re: 20 Response,, . Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Neagu, Tudor) (Entered: 09/17/2026)

#22

Sep 17, 2026

DECLARATION of Deportation Officer Dmitry Rousseau in Opposition re: 20 Response,,. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Neagu, Tudor) (Entered: 09/17/2026)

#23

Sep 23, 2026

REPLY MEMORANDUM OF LAW in Support re: 19 Amended Petition, . Document filed by Jose Carlos Felipe Cruz. (Attachments: # 1 Exhibit Declaration of Jorge Artieda, # 2 Exhibit Declaration of IJ Burman).(Pastor, Caridad) (Entered: 09/23/2026)

#24

Oct 06, 2026

ORDER The parties are directed to appear for Oral Argument before Judge Jeannette A Vargas on Thursday, October 8, 2026, at 2:30 PM in Courtroom 11B, 500 Pearl Street, New York, New York 10007. (HEREBY ORDERED by Judge Jeannette A. Vargas) (Text Only Order) (nmo) (Entered: 10/06/2026)

#25

Oct 06, 2026

ORDER regarding ECF No. 24. Due to a typographical error, the Court's order set the oral argument for October 8, 2026. The oral argument is instead scheduled for October 15, 2026, at 12:30pm. (HEREBY ORDERED by Judge Jeannette A. Vargas) (Text Only Order) (nmo) (Entered: 10/06/2026)

Oct 06, 2026

Order AND ~Util - Set Hearings

Oct 13, 2026

NOTICE: The Oral Argument scheduled for October 15, 2026 will be held in Courtroom 23B, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. (nmo)

Oct 13, 2026

Remark

Oct 14, 2026

Remark

Oct 14, 2026

NOTICE: The Oral Argument scheduled for October 15, 2026 will be held in Courtroom 14C, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. (nmo)

#26

Oct 15, 2026

LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated October 15, 2026 re: Government's Corrected Exhibit C. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations. (Attachments: # 1 Supplement C, Notice to Appear, Form I-862, Aug. 25, 2026, Corrected).(Neagu, Tudor) (Entered: 10/15/2026)

Oct 15, 2026

Minute Entry for proceedings held before Judge Jeannette A. Vargas: Oral Argument held on 10/15/2026. Present were Caridad Pastor for the petitioner and Tudor Neagu for the respondent. (Court Reporter Amy Walker) (nmo)

#27

Oct 16, 2026

ORDER: For the reasons stated during the hearing held on October 15, 2026, the Court GRANTS Petitioner's petition for the writ of habeas corpus under 28 U.S.C. § 2241 (ECF No. 1) and ORDERS that the Petitioner promptly be released from Respondents' custody. The Court ORDERS Respondents to show cause as to why ICE Officer Dmitry Rousseau should not be subject to sanctions pursuant to the Court's inherent authority for submitting or causing to be submitted a declaration containing false statements to the Court, by Thursday, October 22, 2026. The Court further ORDERS Respondents' counsel, Tudor Neagu, to show cause by Thursday, October 22, 2026, as to why sanctions should not be issued against him pursuant to Rule 16(f)(1) (B) or the Court's inherent authority for failure to be substantially prepared for today's conference. (Signed by Judge Jeannette A. Vargas on 10/16/2026) (sgz) (Entered: 10/16/2026)

Oct 16, 2026

Oral Argument

#28

Oct 19, 2026

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Oestericher, Jeffrey) (Entered: 10/19/2026)

#29

Oct 19, 2026

LETTER MOTION for Extension of Time to Respond to Order to Show Cause addressed to Judge Jeannette A. Vargas from AUSA Jeffrey Oestericher dated 10/19/2026. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Oestericher, Jeffrey) (Entered: 10/19/2026)

#30

Oct 20, 2026

ORDER granting 29 Letter Motion for Extension of Time to Respond to Order to Show Cause. The Government's request for an extension of time to respond to both aspects of the Court's Order to Show Cause is GRANTED. The responses shall be submitted by October 30, 2026. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) (Entered: 10/20/2026)

Oct 20, 2026

Order on Motion for Extension of Time

#31

Oct 22, 2026

LETTER addressed to Judge Jeannette A. Vargas from Tudor Neagu dated October 22, 2026 re: Petitioner's Release. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Neagu, Tudor) (Entered: 10/22/2026)

#32

Oct 23, 2026

TRANSCRIPT of Proceedings re: CONFERENCE held on 10/15/2026 before Judge Jeannette A. Vargas. Court Reporter/Transcriber: Amy Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2026. Redacted Transcript Deadline set for 11/23/2026. Release of Transcript Restriction set for 1/21/2027..(Moya, Goretti) (Entered: 10/23/2026)

#33

Oct 23, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/15/26 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti) (Entered: 10/23/2026)

#34

Oct 29, 2026

SECOND LETTER MOTION for Extension of Time to Respond to the Order to Show Cause addressed to Judge Jeannette A. Vargas from AUSA Jeffrey Oestericher dated 10/29/2026. Document filed by Immigration Customes Enforcement (ICE), Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Oestericher, Jeffrey) (Entered: 10/29/2026)

#35

Oct 29, 2026

ORDER granting 34 Letter Motion for Extension of Time. The Government's request for an extension of time to respond to both aspects of the Court's Order to Show Cause is GRANTED. The responses shall be submitted by November 4, 2026. (HEREBY ORDERED by Judge Jeannette A. Vargas)(Text Only Order) (Yin-Olowu, Tammy) (Entered: 10/29/2026)

Oct 29, 2026

Order on Motion for Extension of Time

#36

Nov 04, 2026

Extension of Time to File Response/Reply

Nov 05, 2026

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

#38

Nov 06, 2026

Response to Order to Show Cause

#39

Nov 06, 2026

Declaration (non-motion) AND Declaration in Support (non-motion)