District of New Jersey • 2:26-cv-11248

Castellanos Vacca v. Warden, Elizabeth Detention Center

Active

Case Information

Filed: August 31, 2026
Assigned to: Madeline Cox Arleo
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 27, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20575276, filed by JEIDDY SIRLEY CASTELLANOS VACCA. (Kelman, Lorne) (Entered: 08/27/2026)
Main Document: PETITION
#2
Aug 27, 2026
Civil Cover Sheet.. by JEIDDY SIRLEY CASTELLANOS VACCA (Kelman, Lorne) (Entered: 08/27/2026)
Main Document: Civil
#3
Aug 27, 2026
Proposed Summons. by JEIDDY SIRLEY CASTELLANOS VACCA (Kelman, Lorne) (Entered: 08/27/2026)
Main Document: Proposed
#4
Aug 28, 2026
Summons Issued as to Executive Office for Immigration Review, U.S. Department of Homeland Security, Warden, Elizabeth Detention Center, U.S. Attorney and U.S. Attorney General (SDM) (Entered: 08/28/2026)
Main Document: Summons
#5
Aug 28, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 08/28/2026)
Main Document: This
Aug 28, 2026
Case Assigned to Judge Nina R. Morrison. 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. (SDM)
Aug 28, 2026
ORDER. The 1 Petition indicates that Petitioner is currently detained at Elizabeth Detention Center in Elizabeth, New Jersey. By Sunday, August 30, 2026 at 10:00AM, Respondents shall file a letter: (1) explaining the circumstances and history of Petitioner's arrest and transfer to his current place of detention (including the date(s) and time(s) of his initial detention and any subsequent transfer to his current facility); (2) attaching supporting records or documentation for the above information; (3) stating whether, at the time they file this initial response, Petitioner is currently detained at Elizabeth Detention Center in New Jersey or at another facility; and (4) providing information for a contact person who can facilitate counsel's access to Petitioner. Ordered by Judge Nina R. Morrison on 8/28/2026. (JK)
Aug 28, 2026
ORDER. To preserve the Court's jurisdiction pending final disposition of the 1 Petition, Respondents are enjoined from moving Petitioner to a location outside this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. N.Y. 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."); Garcia-Izquierdo v. Gartner, No. 04 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 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"); Khalil v. Joyce, No. 25 Civ. 1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); Ozturk v. Hyde, 136 F.4th 382 (2d Cir. 2025) (declining to stay a district court order, issued pursuant to the All Writs Act, which transferred petitioner to the district court's territorial jurisdiction, given district courts' "undeniabl[e]... inherent authority to protect [its] proceedings" (citation modified)); 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). The Clerk of the Court is respectfully directed to email a copy of this Order and the Petition to the United States Attorney's Office (USAO) for the Eastern District of New York. Petitioner's counsel shall also serve a copy of the order on the USAO. Ordered by Judge Nina R. Morrison on 8/28/2026. (JK)
#6
Aug 30, 2026
Letter in Response to the Court's August 28, 2026 Order by Executive Office for Immigration Review, U.S. Department of Homeland Security, Warden, Elizabeth Detention Center (Attachments: # 1 Affidavit) (Hayes, Richard) (Entered: 08/30/2026)
Main Document: Letter
Aug 30, 2026
Order
Aug 30, 2026
ORDER. The Court is in receipt of the Respondents 6 letter stating that Petitioner was arrested and detained in New Jersey. The 1 Petition similarly indicates that at the time of filing, Petitioner was detained in New Jersey. By Monday, August 31, 2026 at 2:00PM, Petitioner shall file a letter indicating whether she opposes transferring this case to the District of New Jersey in light of the information presented in Respondents 6 letter. Ordered by Judge Nina R. Morrison on 8/30/2026. (JK)
#7
Aug 31, 2026
NOTICE of Appearance by Richard K. Hayes on behalf of Executive Office for Immigration Review, U.S. Department of Homeland Security, Warden, Elizabeth Detention Center (aty to be noticed) (Hayes, Richard) (Entered: 08/31/2026)
Main Document: Notice of Appearance
#8
Aug 31, 2026
Letter in Response to the Court's order of August 30, 2026 by Jeiddy Sirley Castellanos Vacca (Kelman, Lorne) (Entered: 08/31/2026)
Main Document: Letter
#9
Aug 31, 2026
Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:26-cv-05303. Original file certified copy of transfer order and docket sheet received. (Entered: 08/31/2026)
Main Document: Case Transferred In - District Court Transfer
#10
Aug 31, 2026
Clerk's Letter: Attorney, LORNE J. KELMAN, ESQ is not admitted to the Federal Bar of New Jersey. Notice has been mailed to 70 EAST SUNRISE HIGHWAY, SUITE 500, VALLEY STREAM, NY 11581. (jjc, ) (Entered: 08/31/2026)
Main Document: Letter: Attorney Not Admitted
#11
Aug 31, 2026
ORDER. Respondents are hereby enjoined from transferring Petitioner from New Jersey pending further Order of the Court. Signed by Judge Madeline Cox Arleo on 8/28/2026. (jjc, ) (Entered: 08/31/2026)
Main Document: Emergent Immigration Habeas Non-transfer Order
Aug 31, 2026
TRANSFER ORDER. The Court is in receipt of Petitioner's 8 response to Respondents' 6 letter indicating that venue is not proper in the Eastern District of New York. In her response, Petitioner notes that Respondents failed to attach certain supporting documents showing that her arrest was lawful. However, this argument goes to the merits of the underlying Petition; it does not address the issue of whether venue is proper in the Eastern District of New York. Having reviewed the record and the parties' submissions, the Court concludes that because Petitioner was arrested in New Jersey, transferred to a detention facility in New Jersey, and is still currently detained in New Jersey, venue is proper in the District of New Jersey. This action is hereby transferred to the U.S. District Court for the District of New Jersey. The Clerk of Court is directed to transfer this action to the U.S. District Court for the District of New Jersey and close this matter. The Court waives compliance with Local Rule 83.1, which otherwise imposes a seven-day delay in the effectuation of the transfer. Further, to preserve the transferee court's jurisdiction, Petitioner shall not be removed from the District of New Jersey or the Southern or Eastern Districts of New York, until further order of the transferee court. See cases cited in the Court's No-Transfer Order dated Aug. 28, 2026. Ordered by Judge Nina R. Morrison on 8/31/2026. (JK)
Aug 31, 2026
Order
Aug 31, 2026
Add and Terminate Judges
Aug 31, 2026
Judge Madeline Cox Arleo added. (jjc, )
#12
Sep 01, 2026
NOTICE of Appearance by CHRISTOPHER JAMES STRATIGEAS on behalf of FOR IMMIGRATION REVIEW EXECUTIVE OFFICE, U.S DEPARTMENT OF HOMELAND SECURITY, Warden, Elizabeth Detention Center (STRATIGEAS, CHRISTOPHER) (Entered: 09/01/2026)
Main Document: Notice of Appearance
#13
Sep 01, 2026
Letter from Respondents re: Petitioner's Release re 11 Emergent Immigration Habeas Non-transfer Order. (STRATIGEAS, CHRISTOPHER) (Entered: 09/01/2026)
Main Document: Letter
#14
Sep 02, 2026
Order of Dismissal
Main Document: Order of Dismissal

Parties

Castellanos Vacca
Party
Warden, Elizabeth Detention Center
Party