Eastern District of New York • 2:25-cv-06898

#1

Dec 15, 2025

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19725766, filed by Marvin Javier Pineda-Contreras. (Attachments: # 1 Affidavit Attorney Affirmation Regarding Petitioner's Location, # 2 Exhibit Detainee locator information regarding petitioner's location) (Corrado, Carolyn) (Entered: 12/15/2025)

#2

Dec 16, 2025

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) (Entered: 12/16/2025)

#3

Dec 16, 2025

Civil Cover Sheet.. by Marvin Javier Pineda-Contreras (LJ) (Entered: 12/16/2025)

#4

Dec 16, 2025

AMENDED PETITION against Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem, Sirce Owen, Anthony La Rocco, filed by Marvin Javier Pineda-Contreras. (Corrado, Carolyn) Modified on 12/18/2025 to change text to Amended Petition (LC). (Entered: 12/16/2025)

#5

Dec 16, 2025

SUMMONS Returned Executed by Marvin Javier Pineda-Contreras. Pam Bondi served on 12/16/2025, answer due 1/6/2026; Brian Flanagan served on 12/16/2025, answer due 1/6/2026; Todd M. Lyons served on 12/16/2025, answer due 1/6/2026; Kristi Noem served on 12/16/2025, answer due 1/6/2026; Sirce Owen served on 12/16/2025, answer due 1/6/2026. (Corrado, Carolyn) (Entered: 12/16/2025)

#6

Dec 16, 2025

SUMMONS Returned Executed by Marvin Javier Pineda-Contreras. Anthony La Rocco served on 12/16/2025, answer due 1/6/2026. (Corrado, Carolyn) (Entered: 12/16/2025)

Dec 16, 2025

Notice: Re: Incomplete Civil Cover Sheet

Dec 16, 2025

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office. Upon consideration of Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, ECF No. 1, IT IS HEREBY ORDERED that: 1) Petitioner shall cause a copy of this Order and Petitioner's application for relief to be served on Respondents by December 17, 2025; 2) Petitioner shall file proof of service on the docket by December 17, 2025; 3) Respondents are ORDERED to show cause, in writing, why the Petition for Writ of Habeas Corpus should not be granted by December 18, 2025 at 11:59 PM; 4) Petitioner's Reply, if any, shall be filed by December 22, 2025 at 11:59 PM.Further, to preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States until further Order of this Court. Mahmoud Khalil v. Joyce, 25-cv-01935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (ruling that "[t]o preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise"); see Local 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction" (cleaned up)); Garcia-Izquierdo v. Gartner, 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal).Additionally, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that, absent further order of this Court, Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law"). Ordered by Judge Joan M. Azrack on 12/16/2025. (TRN) Modified on 1/14/2026 to remove restriction as per DQA Department and Chambers (LC).

Dec 16, 2025

A 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. (LJ)

Dec 16, 2025

Case Assigned to Judge Joan M. Azrack. 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. (LJ)

Dec 16, 2025

Case Assigned/Reassigned

Dec 16, 2025

Quality Control Check - Summons

Dec 16, 2025

NOTICE: A Civil Cover Sheet was not filed. The Clerk's Office cannot assign this case without a Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. You must use the newest form available at: https://www.nyed.uscourts.gov/sites/default/files/uploads/js44-45.pdf (LJ)

#7

Dec 17, 2025

Consent MOTION for Extension of Time to File Response and Reply to Order to Show Cause by Frank P. Basso, Pam Bondi, Brian Flanagan, Anthony La Rocco, Todd M. Lyons, Kristi Noem, Sirce Owen. (Schachner, Elliot) (Entered: 12/17/2025)

Dec 18, 2025

ORDER granting 7 Motion for Extension of Time to File. Ordered by Judge Joan M. Azrack on 12/18/2025. (TRN)

Dec 18, 2025

Order on Motion for Extension of Time to File

#8

Dec 22, 2025

RESPONSE TO ORDER TO SHOW CAUSE by Frank P. Basso, Pam Bondi, Brian Flanagan, Anthony La Rocco, Todd M. Lyons, Kristi Noem, Sirce Owen (Attachments: # 1 Declaration) (Balaban, Rachel) (Entered: 12/22/2025)

#9

Dec 23, 2025

MEMORANDUM AND ORDER: Accordingly(PLEASE SEE ORDER FOR FURTHER DETAILS), the petition for a writ of habeas corpus is now GRANTED. Respondents are ordered to release Petitioner from custody immediately, and to submit a letter on the docket within 24 hours of this Order confirming Petitioners release. SO Ordered by Judge Joan M. Azrack on 12/23/2025. (GO) (Entered: 12/23/2025)

#10

Dec 23, 2025

CLERK'S JUDGMENT: ORDERED AND ADJUDGED that the petition for a writ of habeas is granted; and that Respondents are ordered to release Petitioner Marvin Javier Pineda-Contreras from custody immediately, and to submit a letter on the docket within 24 hours of the December 23, 2025 Memorandum and Order confirming Petitioner's release. Ordered by Clerk of Court on 12/23/2025. (JT) (Entered: 12/23/2025)

#11

Dec 24, 2025

Letter Confirming Petitioner's Release by Frank P. Basso, Pam Bondi, Brian Flanagan, Todd M. Lyons, Kristi Noem, Sirce Owen (Balaban, Rachel) (Entered: 12/24/2025)

#12

Mar 25, 2026

AMENDED CLERK'S JUDGMENT: It is ORDERED AND ADJUDGED that the petition for a writ of habeas is granted; and that Respondents are ordered to release Petitioner Marvin Javier Pineda-Contreras from custody immediately, and to submit a letter on the docket within 24 hours of the December 23, 2025 Memorandum and Order confirming Petitioners release. Signed by Judge Joan M. Azrack and Clerk of Court, Brenna B. Mahoney on 3/25/2026. (JC) (Entered: 03/26/2026)