Eastern District of New York • 1:26-cv-05611

#1

Sep 10, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20618563, filed by ROGERIO CRISTOBAL SANCHEZ SOLIS. (Attachments: # 1 BRIEF IN SUPPORT, # 2 Declaration DECLARATION OF CHRISTOPHER C. GARITEE, ESQ. IN SUPPORT OF PETITION FOR ORDER TO SHOW CAUSE, # 3 Exhibit Copy of Petitioner Rogerio Cristobal Sanchez Soliss United States Permanent Resident Card, # 4 Exhibit Copy of Petitioners Ecuadorian Passport, # 5 Exhibit Copies of available public court/property records reflecting Petitioners longstanding residence and ties to Westchester County, New York, # 6 Exhibit Affidavit of Catherine Sanchez, # 7 Exhibit Peekskill City Court Certificate of Disposition / Criminal Court Disposition, # 8 Proposed Order PROPOSED ORDER, # 9 Civil Cover Sheet Civil Cover Sheet) (Garitee, Christopher) (Entered: 09/10/2026)

#2

Sep 10, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Rogerio Cristobal Sanchez Solis's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that: (1) Respondents shall, by 6:00 p.m. on September 15, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. Their response must: a) state the statutory provision(s) under which Respondents assert the authority to detain Petitioner currently and the provision(s) under which Respondents asserted the authority to detain Petitioner at the time of his arrest; b) provide information regarding the procedural posture of any pending Department of Homeland Security or Executive Office of Immigration Review proceedings; c) address whether Respondents take the position that Petitioner's detention accords with the statutory and constitutional requirements set forth in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); d) provide all records that are material to this action, including, but not limited to, any documents related to Petitioner's arrest and custody determination(s) and all other exhibits necessary to establish the "lawfulness and correct duration of Petitioner's detention in light of the issues raised in the habeas petition," see Belqui M. v. Bondi, No. 26-CV-0308 (MJD) (SGE), 2026 WL 185203, at *1 (D. Minn. Jan. 21, 2026), report and recommendation adopted, 2026 WL 194071 (D. Minn. Jan. 25, 2026); and e) provide a sworn declaration by a government official with personal knowledge of the facts on which Respondents rely in any opposition to the Petition, including the basis for arresting and detaining Petitioner and the basis for any custody determination(s). (2) To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). (3) Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District absent further order of this Court. See Samb v. Joyce, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 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 Pamela K. Chen on 9/10/2026. (MBH) (Entered: 09/10/2026)

#3

Sep 11, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 09/11/2026)

#4

Sep 11, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin, The Officer in charge of U.S. Immigration and Customs Enforcement at John F. Kennedy International Airport, David J. Venturella (aty to be noticed) (Taveras, Tiffany) (Entered: 09/11/2026)

#5

Sep 11, 2026

Letter by Todd Blanche, Kenneth Genalo, Markwayne Mullin, The Officer in charge of U.S. Immigration and Customs Enforcement at John F. Kennedy International Airport, David J. Venturella (Taveras, Tiffany) (Entered: 09/11/2026)

Sep 11, 2026

Quality Control Check - Summons

Sep 11, 2026

Case Assigned/Reassigned

Sep 11, 2026

SCHEDULING ORDER FOR SHOW CAUSE HEARING: The Court schedules a show cause hearing for today (September 11, 2026) at 4 p.m. in Courtroom 4F North at 225 Cadman Plaza East, Brooklyn, New York. At the hearing Respondents will explain why they are not in compliance with the Court's September 10, 2026 Order to Show Cause, (Dkt. 4), confirm Petitioner's current location, and discuss the logistics of returning Petitioner to this district. The Court's efforts to contact Petitioner's counsel have thus far been unsuccessful, though he should be receiving electronic notification of orders filed on the docket, including this one. Should Petitioner's counsel need to attend the hearing remotely, he can file a letter on the docket making such a request. Ordered by Judge Pamela K. Chen on 9/11/2026. (MBH)

Sep 11, 2026

Your proposed 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., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Sep 11, 2026

Show Cause Hearing

Sep 11, 2026

Scheduling Order

Sep 11, 2026

Case Assigned to Judge Natasha C. Merle. 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 11, 2026

SCHEDULING ORDER: In accordance with the Court's orders issued on the record at the September 11, 2026 hearing, (see 09/11/2026 Min. Entry), Respondents are directed to file a letter on the docket no later than 6 p.m. on September 12, 2026 confirming that Petitioner has been transferred back to the District, unless Respondents have filed an affidavit as described in the September 11, 2026 minute entry. Ordered by Judge Pamela K. Chen on 9/11/2026. (MBH)

Sep 11, 2026

Minute Entry for proceedings held before Judge Pamela K. Chen: cause hearing held on 9/11/2026. Appearances by Christopher C. Garitee for Petitioner, via telephone; Tiffany Taveras for Respondents. Case called. Discussion held regarding the Court's 2 Order to Show Cause, why Respondents are not in compliance with the Order, Petitioner's current location, and the logistics of returning Petitioner to this District. The Court ordered Respondents to return Petitioner to this district within 24 hours (no later than 6 p.m. on September 12, 2026), unless Respondents can file an affidavit on the docket by the same time from a qualified individual at the Metropolitan Detention Center Brooklyn ("MDC") explaining why the MDC is not capable of housing Petitioner. Furthermore, the Court ordered that when transferring Petitioner back to this District, Respondents must do so with his medication as discussed on the record. The Court also denied Respondents' 5 request for an extension of time to respond to the Court's 2 Order to Show Cause. Respondents' response remains due no later than 6 p.m. on September 15, 2026. (Court Reporter Nicole Sesta.) (MBH)

#6

Sep 12, 2026

Letter

#7

Sep 15, 2026

Extension of Time to File Response/Reply

#8

Sep 15, 2026

Response in Opposition to Motion

#9

Sep 15, 2026

Compel

#10

Sep 15, 2026

ORDER GRANTING WRIT OF HABEAS CORPUS: As further explained in the attached Order, the Court finds that Respondents have forfeited any arguments in opposition to the Petition and, given the absence of any explanation as to Respondents' authority to arrest and detain Petitioner, the Court GRANTS the Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Respondents are hereby ORDERED to release Rogerio Cristobal Sanchez Solis immediately, and no later than September 16, 2026, at 10:00 a.m. ET. Respondents shall release Petitioner subject to the conditions under which he was at liberty before he was detained, without any additional constraints on his liberty, including, but not limited to, electronic or GPS monitoring. Respondents must release Petitioner 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 dir ectives in a filing on the docket by 3:00 p.m. ET on September 16, 2026. Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose existing conditions in conj unction with release (including release on recognizance or similar instruments) without prior notice to and authorization from the Court. Respondents shall not re-detain Petitioner without first moving before this Court to demonstrate compliance w ith all applicable regulatory, statutory, and constitutional requirements necessary to arrest and detain Petitioner. Should Respondents seek to re-detain Petitioner, they are directed to file a motion with the Court that justifies lawful detention. T he Court retains jurisdiction to review any subsequent arrest or detention of Petitioner by Respondents to ensure compliance with this Order. Should Petitioner seek an award of reasonable fees and costs pursuant to the Equal Access to Justice Act, he may do so by filing a letter application on the docket within 30 days of a final judgment in this action. 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Pamela K. Chen on 9/15/2026. (MBH)

Sep 15, 2026

Order Reassigning Case

Sep 15, 2026

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

#11

Sep 16, 2026

Judgment - Clerk

#12

Sep 16, 2026

Letter

Sep 16, 2026

Status Report Order