Eastern District of New York • 1:26-cv-05296

Atempa v. Grimes

Active

Case Information

Filed: August 27, 2026
Assigned to: Rachel Peter Kovner
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 25, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-17849367.), filed by JOSE ATEMPA. (Attachments: # 1 Civil Cover Sheet, # 2 Brief)(CURBELO, CAROLINA) [Transferred from New Jersey on 8/27/2026.] (Entered: 08/25/2026)
Main Document: PETITION
#2
Aug 25, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Jamel K. Semper on 8/25/26. (jbb) [Transferred from New Jersey on 8/27/2026.] (Entered: 08/25/2026)
Main Document: ORDER.
Aug 25, 2026
Judge Jamel K. Semper added. (jbb) [Transferred from New Jersey on 8/27/2026.]
#3
Aug 26, 2026
Joint MOTION to Change Venue to Eastern District of New York by TODD BLANCHE, HELEN GRIMES, MARKWAYNE MULLIN, RUBEN PEREZ, DAVID VENTURELLA. (HERIC, JACOB) [Transferred from New Jersey on 8/27/2026.] (Entered: 08/26/2026)
Main Document: Joint
#4
Aug 27, 2026
ORDER Granting 3 Motion to Transfer Venue to the Eastern District of New York. Signed by Judge Jamel K. Semper on 8/27/2026. (dmr) [Transferred from New Jersey on 8/27/2026.] (Entered: 08/27/2026)
Main Document: Order on Motion to Change Venue
#5
Aug 27, 2026
Case transferred in from District of New Jersey; Case Number 2:26-cv-10876. Original file certified copy of transfer order and docket sheet received. (Entered: 08/27/2026)
Main Document: Case Transferred In - District Transfer (DEACTIVATED EVENT - DO NOT USE)
Aug 27, 2026
***Civil Case Terminated. (dmr) [Transferred from New Jersey on 8/27/2026.]
Aug 27, 2026
The case of Atempa v. Grimes et al, has been transferred from 26-cv-5296 to the Eastern District of New York. The new case number is District of New Jersey. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SDM)
Aug 27, 2026
Set Deadlines as to 3 Joint MOTION to Change Venue to Eastern District of New York. Motion set for 9/21/2026 before Judge Jamel K. Semper. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mj) [Transferred from New Jersey on 8/27/2026.]
Aug 27, 2026
Order to Show Cause (463)
Aug 27, 2026
Notice(Other)
Aug 27, 2026
ECF Admission and Registration Notification - Transfer
Aug 27, 2026
ORDER TO SHOW CAUSE: Respondents are directed to show cause by 9/3/2026 why petitioner's 1 habeas petition should not be granted. In their response to this order, respondents should state the location at which petitioner is currently detained and the status of his immigration proceedings. Respondents should also explain the statutory authority for petitioner's detention and whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Alternatively, if respondents concede that Barbosa da Cunha controls, they may waive the right to a response and consent to petitioner's release without prejudice to their rights on appeal. If the respondents file a response, the petitioner may file a reply by 9/10/2026.The Clerk of Court is respectfully directed to email a copy of this order and the 1 petition to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York, by the end of day today. Ordered by Judge Rachel P. Kovner on 8/27/2026. (ASG)
#6
Sep 03, 2026
Extension of Time to File Document
#7
Sep 04, 2026
STIPULATION of Dismissal by Todd Blanche, Helen Grimes, Markwayne Mullin, Ruben Perez, David Venturella (Stannard, Geoffrey) (Entered: 09/04/2026)
Main Document: Stipulation of Dismissal
Sep 04, 2026
ORDER: Respondents' 6 request for a one-day extension of time is granted. Respondents are directed to respond to the Order to Show Cause by today. Alternatively, if respondents concede that Barbosa da Cunha controls, they may waive the right to a response and consent to petitioner's release without prejudice to their rights on appeal. If respondents file a response, the petitioner may file a reply by 9/11/2026. Ordered by Judge Rachel P. Kovner on 9/4/2026.
Sep 04, 2026
Order on Motion for Extension of Time to File
Sep 08, 2026
ORDER DISMISSING CASE: The 7 notice of voluntary dismissal is so-ordered. This action is voluntarily dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Ordered by Judge Rachel P. Kovner on 9/8/2026. (ASG)
Sep 08, 2026
Order Dismissing Case

Parties

Atempa
Party
Grimes
Party