Southern District of New York • 1:26-cv-07515

Reyes v. ICE

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Case Information

Filed: September 02, 2026
Assigned to: James Paul Oetken
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241fd Petition for Writ of Habeas Corpus (Federal)
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Last Activity: September 17, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 02, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Leopoldo Davila Reyes..(kgo) (Entered: 09/02/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Sep 02, 2026
PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Angel Sanchez Ocotlan consents to receive electronic service via the ECF system. Document filed by Angel David Sanchez Ocotlan..(kgo) (Entered: 09/02/2026)
Main Document: Pro Se Consent to Receive Electronic Service
#3
Sep 02, 2026
CIVIL COVER SHEET filed..(kgo) (Entered: 09/02/2026)
Main Document: Civil Cover Sheet
#4
Sep 02, 2026
ORDER: The 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. Within two business days of the date of this Order, Respondents shall file a letter with the Court with the information described in this order. Respondents shall file an answer to the Petition within three business days of the date of this Order. Petitioner shall file any reply within ten business days of the date of this Order. The parties shall then appear for a telephonic case management conference with the Court on September 9, 2026 at 4:00 p.m. SO ORDERED. ( Telephone Conference set for 9/9/2026 at 04:00 PM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 9/2/2026) (vfr) Transmission to Pro Se Assistants for processing. (Entered: 09/02/2026)
Main Document: Order to Answer AND ~Util - Set Hearings
Sep 02, 2026
Case Designated ECF. (kgo)
Sep 02, 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..(kgo)
Sep 02, 2026
Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)
Sep 02, 2026
Note Regarding Service on Self-Represented Party
Sep 03, 2026
MAILING RECEIPT: Document No: 4. Mailed to: LeopoldoDavila Reyes 26 Federal Plaza New York, NY 10278. (anc)
Sep 03, 2026
Mailing Receipt
#5
Sep 04, 2026
NOTICE OF APPEARANCE by Erica Silverman on behalf of ICE, Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Silverman, Erica) (Entered: 09/04/2026)
Main Document: Notice of Appearance
#6
Sep 04, 2026
LETTER addressed to Judge J. Paul Oetken from AUSA Erica Silverman dated September 4, 2026 re: Davila Reyes, ex rel. v. U.S. Immigration and Customs Enforcement, et al., 26 Civ. 7515 (JPO). Document filed by ICE, Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations. (Attachments: # 1 Exhibit A- Form I-871, Notice of Intent/ Decision to Reinstate Prior Order, # 2 Exhibit B- Notice to Alien Ordered Removed / Departure Verification; Notice and Order of Expedited Removal; Record of Sworn Statement in Proceedings under Section 235(b)(1) of the Act).(Silverman, Erica) (Entered: 09/04/2026)
Main Document: Letter
#7
Sep 08, 2026
ORDER: Because Petitioner's reply to Respondents' opposition, if any, will be filed on or before September 17, 2026, the conference previously scheduled for September 9, 2026 is hereby ADJOURNED. The telephonic conference is rescheduled to September 18, 2026 at 4:00 p.m. Counsel should call (855) 244-8681 at the scheduled time. The attendee ID number is 2312 828 7066 ##. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (jb) (Entered: 09/08/2026)
#8
Sep 08, 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 Petitioner at the address listed on the docket sheet for this action. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/8/2026) (vfr) (Entered: 09/08/2026)
Main Document: Order for Appearance of Pro Bono Counsel
#9
Sep 08, 2026
HABEAS PACKAGE MAILED to Leopoldo Davila Reyes 26 Federal Plaza New York, NY 10278 on 9/8/2026 Re: 4 Order to Answer. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (nb) Modified on 9/8/2026 (nb). (Entered: 09/08/2026)
Main Document: FRCP 4 Service Package - Mailed
#10
Sep 08, 2026
DECLARATION of Deportation Officer Rothshild Sanon in Opposition. Document filed by ICE, Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Silverman, Erica) (Entered: 09/08/2026)
Main Document: Declaration in Opposition (non-motion)
#11
Sep 08, 2026
RESPONSE . Document filed by ICE, Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations. (Attachments: # 1 Exhibit A- Form I-296, Notice to Alien Ordered Removed / Departure Verification, dated August 18, 2013, # 2 Exhibit B- Form I-860, Notice and Expedited Order of Removal, dated August 18, 2013, # 3 Exhibit C- Form I-867A, Record of Sworn Statement in Proceedings Under Section 235(b)(1) of the Act, dated August 18, 2013, # 4 Exhibit D- Form I-205, Warrant of Removal / Deportation, dated November 1, 2013., # 5 Exhibit E- Form I-294, Warning to Alien Ordered Removed or Deported, dated November 1, 2013, # 6 Exhibit F- Form I-871, Notice of Intent / Decision to Reinstate Prior Order, dated November 1, 2013, # 7 Exhibit G- Form I-205, Warrant of Removal / Deportation, dated October 3, 2013, # 8 Exhibit H- Form I-294, Warning to Alien Ordered Removed or Deported, dated October 3, 2013., # 9 Exhibit I- Form I-871, Notice of Intent / Decision to Reinstate Prior Order, dated September 2, 2026., # 10 Exhibit J-Form I-205, Warrant of Removal / Deportation, dated September 2, 2026, # 11 Exhibit K- Form I-294, Warning to Alien Ordered Removed/ Deported, dated September 2, 2026., # 12 Exhibit L- Form I-229(a), Warning for Failure to Depart, dated September 2, 2026., # 13 Exhibit M- Form I-213, Record of Deportable/Inadmissible Alien, dated September 2, 2026).(Silverman, Erica) (Entered: 09/08/2026)
Main Document: Response (non-motion)
#12
Sep 08, 2026
MEMORANDUM OF LAW in Opposition to the Petition. Document filed by ICE, Markwayne Mullin, New York Field Office Director of Enforcement and Removal Operations..(Silverman, Erica) (Entered: 09/08/2026)
Main Document: Memorandum of Law in Opposition (non-motion)
Sep 08, 2026
Order
Sep 09, 2026
Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 9/9/2026, Receipt Number 51661. (je)
Sep 09, 2026
Pro Se Payment of Fee - Processed
Sep 10, 2026
Mailing Receipt
#13
Sep 17, 2026
ORDER: The petition for a writ of habeas corpus is GRANTED. Respondents are hereby ORDERED to release Reyes, without electronic monitoring, including but not limited to GPS monitoring, no later than Friday, September 18, 2026, at 5:00 p.m. Respondents must release Reyes with all of his belongings that are in Respondents' possession, including but not limited to identification cards, clothing, and money. Respondents shall confirm compliance with these directives in a filing on the docket by end of day on September 18, 2026. Existing deadlines and the conference previously scheduled for September 18, 2026 are hereby adjourned. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/17/2026) (vfr) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/17/2026)
Main Document: 1 - Terminate Hearings AND Order