Eastern District of New York • 1:26-cv-06045

#1

Sep 29, 2026

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20688623, filed by Irshad Karim. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Supplement Order to Show Cause, # 4 Proposed Order to Show Cause) (Zahedi, Parham) (Entered: 09/29/2026)

#2

Sep 29, 2026

Summons Issued as to Judith Almodovar, Todd Blanche, Raul Maldonado Jr., Markwayne Mullin, U.S. Attorney and U.S. Attorney General (CV) (Entered: 09/29/2026)

#3

Sep 29, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 09/29/2026)

#4

Sep 29, 2026

SCHEDULING ORDER: In order to preserve the Court's jurisdiction pending final disposition of the Petition 1, respondents are ENJOINED from moving petitioner to a location outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order of this Court. Respondents shall submit a letter, by Thursday, October 1, 2026, at 12:00 p.m., stating: (1) the statutory provision(s) under which respondents assert the authority to detain petitioner; and (2) whether the Second Circuit's decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) controls, or whether otherwise there is any material basis to distinguish the instant case from this Court's prior decisions in Y- C- v. Genalo, No. 25-cv-06558, 2025 WL 3653496 (E.D.N.Y. Dec. 17, 2025), Crespo Tacuri v. Genalo, No. 25-cv-06896, 2026 WL 35569 (E.D.N.Y. Jan. 6, 2026), Terrero v. Tsoukaris, No. 26-cv-00869, 2026 WL 607917 (E.D.N.Y. Mar. 4, 2026), Meza v. Francis, No. 26-cv-02722, 2026 WL 1734903 (E.D.N.Y. June 16, 2026), R.S.J.R v. Mullin, No. 26cv-03611, 2026 WL 1803649 (E.D.N.Y. June 23, 2026), Menjivar v. Genalo, No. 26cv-2506, ECF No. 16 (E.D.N.Y. June 12, 2026), R.M.R. v. Genalo, No. 26-cv-04358, 2026 WL 2211009 (E.D.N.Y. July 31, 2026), or any other decision of this Court. If respondents take the position that the present case is controlled by Barbosa da Cunha and/or is not materially different from one or more of the Court's prior decisions, respondents shall further state whether respondents consent to the issuance of the writ, and petitioner's immediate release, subject to preservation of respondents' arguments for appeal. If respondents take the position that the present case is not controlled by Barbosa da Cunha or any of the Court's prior decisions, respondents are ordered to show cause, in writing, as to why the relief sought in the Petition should not be granted and otherwise respond to the factual and legal assertions in the Petition no later than Friday, October 2, 2026. If respondents file a response to the Order to Show Cause, they are directed to file, under seal if necessary, any records, documents, or other information in petitioner's immigration file, as well as any underlying records relied upon in their submission not yet filed by petitioner, and records indicating whether any property was seized from petitioner at the time of arrest. Respondents must serve a copy of the response on petitioner, with proof of such service to the Clerk of this Court. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than Monday, October 5, 2026. By Wednesday, September 30, 2026, petitioner shall serve respondents with a copy of the Petition, along with a copy of this Order, by overnight mail and promptly file proof of such service on the docket. The Clerk of Court is directed to deliver a copy of this Order to the U.S. Attorney's Office at Richard.Hayes@usdoj.gov. Counsel for respondents shall promptly enter a notice of appearance. Ordered by Judge Natasha C. Merle on 9/29/2026. (UES) (Entered: 09/29/2026)

Sep 29, 2026

Case Assigned/Reassigned

Sep 29, 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. (CV)

#5

Sep 30, 2026

Summons Returned Executed

#6

Sep 30, 2026

Notice of Appearance

#7

Sep 30, 2026

Extension of Time to File Response/Reply

Oct 01, 2026

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

#8

Oct 06, 2026

Response to Order to Show Cause

#9

Oct 07, 2026

Reply in Support

#10

Oct 23, 2026

Letter

#11

Oct 29, 2026

Letter

#12

Nov 05, 2026

MEMORANDUM AND ORDER: The petition is GRANTED in part and DENIED in part. Within seven business days from the date of this Memorandum & Order, either respondents shall hold a constitutionally adequate, individualized bond hearing at which the burden of proof shall lie with the government to prove by clear and convincing evidence that petitioner is a flight risk or a danger to the community or they shall release him. However, should the petitioner still be awaiting a copy of his I-589 asylum appl ication materials, (1) petitioner shall promptly file a letter with this Court explaining that that is the case, (2) petitioner shall file a subsequent letter within 24 hours of receiving the materials and submitting them to the IJ, and (3) responden ts shall either hold a bond hearing of the type just described or release petitioner within seven business days of petitioners submission of the materials to the IJ. At any bond hearing provided under this Memorandum & Order, the immigration judge is also hereby directed to meaningfully consider alternatives to incarceration and petitioners ability to pay if setting a monetary bond. The matter is remanded to the immigration court for further proceedings consistent with this Memorandum & Order. N o more than 24 hours after the bond hearing ordered in this Memorandum & Order, the government shall file a letter on the docket confirming that it occurred.The Clerk of Court is respectfully directed to enter judgment consistent with the Order and c lose the case. Should the petitioner seek an award of reasonable fees and costs under the Equal Access to Justice Act, he may file a letter application on the docket within thirty days of this Order. Ordered by Judge Natasha C. Merle on 11/5/2026. (ENE)