Eastern District of New York • 1:26-cv-05354

#1

Aug 28, 2026

PETITION for Writ of Habeas Corpus, filed by Darwin Jesus Hernandez Juliao. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 08/31/2026)

#2

Aug 31, 2026

SCHEDULING ORDER: In order to preserve the Court's jurisdiction pending final disposition of the Petition, respondents are ENJOINED from moving petitioner to a location outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order of this Court. Respondents shall submit a letter, by Tuesday, September 1, 2026, at 5:00 p.m., stating: (1) where petitioner was detained at the time the Petition was filed; (2) the statutory provision(s) under which respondents assert the authority to detain petitioner; and (3) whether the Second Circuit's decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) controls, or whether otherwise there is any material basis to distinguish the instant case from this Court's prior decisions in Y- C- v. Genalo, No. 25-cv-06558, 2025 WL 3653496 (E.D.N.Y. Dec. 17, 2025), Crespo Tacuri v. Genalo, No. 25-cv-06896, 2026 WL 35569 (E.D.N.Y. Jan. 6, 2026), Terrero v. Tsoukaris, No. 26-cv-00869, 2026 WL 607917 (E.D.N.Y. Mar. 4, 2026), Meza v. Francis, No. 26-cv-02722, 2026 WL 1734903 (E.D.N.Y. June 16, 2026), R.S.J.R v. Mullin, No. 26cv-03611, 2026 WL 1803649 (E.D.N.Y. June 23, 2026), Menjivar v. Genalo, No. 26-cv-2506, ECF No. 16 (E.D.N.Y. June 12, 2026), R.M.R. v. Genalo, No. 26-cv-04358, 2026 WL 2211009 (E.D.N.Y. July 31, 2026), or any other decision of this Court. If respondents take the position that the present case is controlled by Barbosa da Cunha and/or is not materially different from one or more of the Court's prior decisions, respondents shall further state whether respondents consent to the issuance of the writ, and petitioner's immediate release, subject to preservation of respondents' arguments for appeal. If respondents take the position that the present case is not controlled by Barbosa da Cunha or any of the Court's prior decisions, respondents are ordered to show cause, in writing, as to why the relief sought in the Petition should not be granted and otherwise respond to the factual and legal assertions in the Petition no later than Thursday, September 3, 2026. If respondents file a response to the Order to Show Cause, they are directed to file, under seal if necessary, any records, documents, or other information in petitioner's immigration file, as well as any underlying records relied upon in their submission not yet filed by petitioner, and records indicating whether any property was seized from petitioner at the time of arrest. Respondents must serve a copy of the response on petitioner, with proof of such service to the Clerk of this Court. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than Thursday, September 10, 2026. The Clerk of the Court is respectfully directed to mail a copy of this Order to petitioner and note the mailing on the docket. The Clerk of Court is also directed to deliver a copy of this Order to the U.S. Attorney's Office at Richard.Hayes@usdoj.gov. Counsel for respondents shall promptly enter a notice of appearance. Ordered by Judge Natasha C. Merle on 8/31/2026. (copy mailed) (UES) (Entered: 08/31/2026)

#3

Sep 01, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, Kenneth Genalo, Raul Maldonado, Jr., Markwayne Mullin (aty to be noticed) (Taveras, Tiffany) (Entered: 09/01/2026)

#4

Sep 01, 2026

Letter

#5

Sep 02, 2026

Notice of Appearance

#6

Sep 03, 2026

Extension of Time to Amend

Sep 03, 2026

Order on Motion for Extension of Time to Amend

#7

Sep 14, 2026

Extension of Time to Amend

Sep 15, 2026

Order on Motion for Extension of Time to Amend

#8

Sep 18, 2026

Extension of Time to File Response/Reply

Sep 18, 2026

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