Southern District of New York • 1:26-cv-07986
Recinos v. Department of Homeland Security
Completed
Case Information
Filed: September 11, 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)
Completed: September 25, 2026
Last Activity:
October 08, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 11, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Fredis Gonzalez Recinos..(nb) (Entered: 09/14/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Sep 11, 2026
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Fredis Gonzalez Recinos..(nb) (Entered: 09/14/2026)
Main Document:
Request to Proceed In Forma Pauperis
Sep 11, 2026
Case Designated ECF. (nb)
Sep 11, 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. (nb)
#3
Sep 14, 2026
AMENDED STANDING ORDER IN RE PRO SE LITIGATION (See 24-MISC-127 Amended Standing Order filed August 19, 2026). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address of record. Service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. If the court receives information that the address of record for a self-represented party is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the self-represented party's last known address and will also be viewable on the court's electronic docket. A party's failure to provide a valid address will not, however, preclude dismissal with prejudice for other reasons. A self-represented defendant who fails to comply with this Order by informing the court of a change of address or electronic contact information will be at risk of default or other sanctions. Self-represented parties may consent to electronic service to receive email notifications of all court filings, including court orders and all submissions filed by all parties. A party who consents to electronic service no longer receives regular mail delivery of court orders or submissions by other parties. Parties also may ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the court's website, https://nysd.uscourts.gov/forms. A notice directing the parties' attention to this Order shall be docketed (and mailed to any self-represented party who has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records, or upon notice to the court that a party is proceeding pro se. The Clerk of Court is directed to change the caption on 24-MC-127 to "In Re: Pro Se Litigation." (Signed by Judge Laura Taylor Swain on 8/19/2026) (nb) (Entered: 09/14/2026)
Main Document:
Amended Standing Order re Pro Se Litigation
#4
Sep 14, 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 22, 2026 at 10:30 a.m. 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. The Court also directs the Clerk of Court to mail Petitioner an information package. SO ORDERED. Department of Homeland Security answer due on 11/13/2026., ( Telephone Conference set for 9/22/2026 at 10:30 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 9/14/2026) (jjc) Transmission to Pro Se Assistants for processing. (Entered: 09/14/2026)
Sep 14, 2026
Note Regarding Service on Self-Represented Party
Sep 14, 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..(nb)
Sep 15, 2026
Mailing Receipt
Sep 15, 2026
MAILING RECEIPT: Document No: 4. Mailed to: Fredis Gonzalez Recinos A213126433 Orange County Jail 110 Wells Farm Road Goshen, NY 10924.
#5
Sep 16, 2026
NOTICE OF APPEARANCE by Erica Silverman on behalf of Department of Homeland Security..(Silverman, Erica) (Entered: 09/16/2026)
Main Document:
Notice of Appearance
#6
Sep 16, 2026
LETTER MOTION for Extension of Time to answer the Petition addressed to Judge J. Paul Oetken from AUSA Erica Silverman dated September 16, 2026. Document filed by Department of Homeland Security..(Silverman, Erica) (Entered: 09/16/2026)
Main Document:
Extension of Time
#7
Sep 16, 2026
HABEAS PACKAGE MAILED to Fredis Gonzalez Recinos A213126433 Orange County Jail 110 Wells Farm Road Goshen, NY 10924, on 9/16/2026 Re: 4 Order to Answer, 28 U.S.C. 2241. 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) (Entered: 09/16/2026)
Main Document:
FRCP 4 Service Package - Mailed
#8
Sep 16, 2026
CERTIFICATE OF SERVICE of Extension Letter served on Fredis Gonzalez Recinos on September 16, 2026. Service was made by Mail. Document filed by Department of Homeland Security..(Silverman, Erica) (Entered: 09/16/2026)
Main Document:
Certificate of Service Other
#9
Sep 16, 2026
ORDER granting 6 Letter Motion for Extension of Time: Granted. Respondents shall file their answer to the petition on or before September 21, 2026. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (jb) (Entered: 09/16/2026)
#10
Sep 16, 2026
LETTER addressed to Judge J. Paul Oetken from AUSA Erica Silverman dated September 16, 2026 re: Fredis Gonzalez Recinos v. DHS, No. 26 Civ. 7986 (JPO). Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit A- Removal Order).(Silverman, Erica) (Entered: 09/16/2026)
Main Document:
Letter
#11
Sep 16, 2026
CERTIFICATE OF SERVICE of ECF No. 10 served on Fredis Gonalez Recinos on September 16, 2026. Service was made by Mail. Document filed by Department of Homeland Security..(Silverman, Erica) (Entered: 09/16/2026)
Main Document:
Certificate of Service Other
Sep 16, 2026
Order on Motion for Extension of Time
#12
Sep 21, 2026
DECLARATION of Acting Supervisory Detention and Deportation Officer Matthew Zabbia in Support. Document filed by Department of Homeland Security..(Silverman, Erica) (Entered: 09/21/2026)
Main Document:
Declaration in Support (non-motion)
#13
Sep 21, 2026
RESPONSE Return Letter and Exhibits. Document filed by Department of Homeland Security. (Attachments: # 1 Exhibit a copy of a Certificate of Disposition/ RAP Sheet, # 2 Exhibit a copy of a Warrant for Arrest of Alien, Form I-200, issued on May 7, 2026, # 3 Exhibit a copy of a Notice to Appear, Form I-862, issued on May 7, 2026, # 4 Exhibit copy of a superseding Notice to Appear, issued and served on May 8, 2026, # 5 Exhibit copy of a Record of Deportable/Inadmissible Alien, Form I-213, dated May 8, 2026, # 6 Exhibit a copy of an Immigration Court order of removal, dated August 14, 2026).(Silverman, Erica) (Entered: 09/21/2026)
Main Document:
Response (non-motion)
#14
Sep 21, 2026
MEMORANDUM OF LAW in Opposition to the Petition for Writ of Habeas Corpus. Document filed by Department of Homeland Security..(Silverman, Erica) (Entered: 09/21/2026)
Main Document:
Memorandum of Law in Opposition (non-motion)
#15
Sep 21, 2026
CERTIFICATE OF SERVICE of ECF Nos. 12, 13, 14 served on Fredis Gonalez Recinos on September 21, 2026. Service was made by Mail. Document filed by Department of Homeland Security..(Silverman, Erica) (Entered: 09/21/2026)
Main Document:
Certificate of Service Other
#16
Sep 22, 2026
ORDER: The petition for a writ of habeas corpus is DENIED for the reasons stated during the telephone conference held on September 22, 2026. The Court's injunction against Petitioner's removal from the United States or transfer to a facility outside of this District, the Eastern District of New York, or the District of New Jersey (ECF No. 4) is VACATED. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/22/2026) (vfr) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/22/2026)
Sep 22, 2026
Minute Entry for proceedings held before Judge J. Paul Oetken: Telephonic Pretrial Conference held on 9/22/2026. See transcript. (bh)
Sep 22, 2026
Pretrial Conference - Interim
Sep 23, 2026
MAILING RECEIPT: Document No: 9, 16. Mailed to: Fredis Gonzalez Recinos A213126433 Orange County Jail 110 Wells Farm Road Goshen, NY 10924.
Sep 23, 2026
Mailing Receipt
#17
Sep 25, 2026
CLERK'S JUDGMENT re: 16 Order, in favor of Department of Homeland Security against Fredis Gonzalez Recinos. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 22, 2026, the petition for a writ of habeas corpus is DENIED for the reasons stated during the telephone conference held on September 22, 2026. The Court's injunction against Petitioner's removal from the United States or transfer to a facility outside of this District, the Eastern District of New York, or the District of New Jersey (ECF No. 4) is VACATED; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 9/25/2026) (Attachments: # 1 Appeal Package) (tp) (Main Document 17 replaced on 9/25/2026) (tp). (Entered: 09/25/2026)
Sep 28, 2026
Mailing Receipt
Sep 28, 2026
MAILING RECEIPT: Document No: 17. Mailed to: Fredis Gonzalez Recinos A213126433 Orange County Jail 110 Wells Farm Road Goshen, NY 10924. (ne)
#18
Oct 08, 2026
Internet Citation
Main Document:
Internet Citation
Parties
Department of Homeland Security
Party
Recinos
Party