Eastern District of New York • 1:26-cv-05533

#1

Sep 08, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20606087, filed by Marco Vinicio Defaz Achi. (Attachments: # 1 Exhibit ICE Online Detainee locator results, # 2 Exhibit IJ Order granting bond on 6.3.2025, # 3 Exhibit ICE Form I-830, # 4 Exhibit IJ order placing Petitioner in non-detained docket, # 5 Exhibit ICE Form I-286, # 6 Exhibit IJ removal order, # 7 Exhibit EOIR Case docket, # 8 Exhibit Queens criminal court record evidencing Petitioner's child was a victim of a crime, # 9 Exhibit Habeas docket from DNJ, # 10 Exhibit IJ order denying bond dated 6/21/2026) (Kapitonov, Peter) (Entered: 09/08/2026)

#2

Sep 08, 2026

MOTION for Temporary Restraining Order enjoining Respondents from transferring Petitioner from New York pending further Order of the Court by Marco Vinicio Defaz Achi. (Kapitonov, Peter) (Entered: 09/08/2026)

#3

Sep 08, 2026

Proposed Summons. by Marco Vinicio Defaz Achi (Kapitonov, Peter) (Entered: 09/08/2026)

#4

Sep 08, 2026

Civil Cover Sheet.. by Marco Vinicio Defaz Achi (Kapitonov, Peter) (Entered: 09/08/2026)

#5

Sep 08, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 09/08/2026)

#6

Sep 08, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Emergency Verified Petition for Writ of habeas Corpus Under 28 U.S.C. § 2241 and for Declaratory and Injunctive Relief ("Petition"), IT IS HEREBY ORDERED that: (1) Petitioner shall cause a copy of this order and the Petition to be served on Respondents by September 8, 2026; (2) Petitioner shall file proof of service on the docket by September 8, 2026; (3) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted by September 11, 2026 at 9:00 a.m. See 28 U.S.C. § 2243; (4) The parties are further ORDERED to appear before this Court for a hearing on the Petition on September 11, 2026, at 1:00 p.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by September 11, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the briefs; (5) Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. M.K. v. Joyce, 25-cv-01935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) ("To 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."). Ordered by Judge Orelia E. Merchant on 9/8/2026. (IVK) (Entered: 09/08/2026)

Sep 08, 2026

Case Assigned to Judge Orelia E. Merchant. 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)

Sep 08, 2026

Case Assigned/Reassigned

#7

Sep 09, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, William P. Joyce, Raul Maldonado, Jr, Markwayne Mullin, David J. Venturella (aty to be noticed) (Taveras, Tiffany) (Entered: 09/09/2026)

#8

Sep 09, 2026

First MOTION for Extension of Time to File Response/Reply on consent by Todd Blanche, William P. Joyce, Raul Maldonado, Jr, Markwayne Mullin, David J. Venturella. (Taveras, Tiffany) (Entered: 09/09/2026)

#9

Sep 09, 2026

AFFIDAVIT of Service of Petition for a Writ of Habeas corpus, motion for TRO and Order to show cause, filed by Marco Vinicio Defaz Achi. (Kapitonov, Peter) (Entered: 09/09/2026)

Sep 10, 2026

Order on Motion for Extension of Time to File Response/Reply AND ~Util - Set Hearings

Sep 14, 2026

Quality Control Check - Summons

#10

Sep 15, 2026

Letter

#11

Sep 15, 2026

Reply in Opposition

Sep 15, 2026

Show Cause Hearing AND ~Util - Set Hearings