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

Sep 24, 2026

Scheduling Order

#7

Sep 28, 2026

Letter

#8

Sep 29, 2026

Letter

#9

Sep 29, 2026

Letter

Oct 02, 2026

Scheduling Order

#10

Oct 05, 2026

Mail Returned

Oct 08, 2026

Status Conference

Oct 08, 2026

Scheduling Order

#11

Oct 09, 2026

Extension of Time to File Response/Reply

Oct 12, 2026

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

#12

Oct 15, 2026

Mail Returned

#13

Oct 19, 2026

Letter

#14

Oct 20, 2026

Mail Returned

#15

Oct 21, 2026

MEMORANDUM & ORDER: For the reasons stated in the attached Memorandum & Order, Vicente G. Noteno Guanuna's Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (Pet., Dkt. 1 ), is GRANTED. Respondents are hereby ORDERED to release Vicente G. Noteno Guanuna immediately, and no later than October 22, 2026, at 12:00 p.m. ET. Respondents shall release Petitioner subject to the conditions at which he was at liberty before he was detained, without any additional cons traints 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 directives in a filing on the docket by 5:00 p.m. ET on October 22, 2026. Respondents may not administratively recharacterize the release granted by this Order as grounds to im pose conditions or re-impose existing conditions in conjunction 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 fi rst moving before this Court to demonstrate compliance with 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. The Court retains jurisdiction to review any subsequent arrest or detention of Petitioner by Respondents to ensure compliance with this Memorandum & 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. See 28 U.S.C. § 2412(d)(1)(B). The Clerk of Court is respectfully directed to enter judgment consistent with this Memorandum & Order and close the case. Ordered by Judge Pamela K. Chen on 10/21/2026. (MBH)

#16

Oct 21, 2026

Letter

#17

Oct 22, 2026

Judgment - Clerk

#18

Oct 22, 2026

Letter

Oct 23, 2026

Order(Other)

#19

Oct 29, 2026

Transcript

#20

Oct 30, 2026

Letter