Eastern District of New York • 1:26-cv-05194

#1

Sep 14, 2026

PETITION for Writ of Habeas Corpus, filed by Vicente G. Noteno Guanuna. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 09/14/2026)

#2

Sep 14, 2026

Emergency MOTION for Temporary Restraining Order by Vicente G. Noteno Guanuna. (Attachments: # 1 Proposed Order) (KAD) (Entered: 09/14/2026)

#3

Sep 14, 2026

FILING FEE: $ 5.00, receipt number 100028436 (KAD) (Entered: 09/14/2026)

#4

Sep 14, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Vicente G. Noteno Guanuna'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 5:00 p.m. on September 17, 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 9/14/2026. (MBH) (Entered: 09/14/2026)

#5

Sep 16, 2026

Notice of Appearance

#6

Sep 17, 2026

Reply in Opposition