Southern District of New York • 1:26-cv-08928

Bergal v. Genalo

Completed

Case Information

Filed: October 08, 2026
Assigned to: John Peter Cronan
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:1441hb Removal - Petition of Habeas Corpus
Completed: October 15, 2026
Last Activity: October 15, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 08, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33585786) Request for emergency relief to be separately filed..Document filed by Oscar Bergal..(Solis, Harold) (Entered: 10/08/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 08, 2026
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Solis, Harold) Modified on 10/9/2026 (pc). (Entered: 10/08/2026)
Main Document: Civil Cover Sheet
#3
Oct 08, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Paige Austin on behalf of Oscar Bergal.(Austin, Paige) (Entered: 10/08/2026)
Main Document: Notice of Appearance of Pro Bono Counsel
#4
Oct 09, 2026
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Oscar Bergal. (Attachments: # 1 Exhibit Memorandum of Law, # 2 Exhibit 'ICE officer shoots, wounds man in car on crowded New York street', # 3 Exhibit Ostolaza Decl., # 4 Proposed Order Proposed Order).(Austin, Paige) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 10/09/2026)
Main Document: Motion for TRO
#5
Oct 09, 2026
ORDER prohibiting removal or transfer pending further order (Signed by Judge J. Paul Oetken, Part One, on 10/9/2026) (Oetken, J.) Transmission to Office of the Clerk of Court for processing. (Entered: 10/09/2026)
Main Document: Order
#6
Oct 09, 2026
ORDER: By 1:00 p.m. today, Respondents may submit any written response to Petitioner's request for a TRO. Furthermore, the parties shall appear at 3:30 p.m. today in Courtroom 14C of the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, New York 10007. At the proceeding, the parties shall be prepared to discuss Petitioner's current location, his location when the Petition was filed, and any circumstances justifying the requested TRO. The Clerk of Court is respectfully directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued. SO ORDERED. Conference set for 10/9/2026 at 03:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan. (Signed by Judge John P. Cronan on 10/9/2026) (mml) (Entered: 10/09/2026)
Main Document: Scheduling Order
#7
Oct 09, 2026
CIVIL COVER SHEET filed..(Solis, Harold) (Entered: 10/09/2026)
Main Document: Civil Cover Sheet
#8
Oct 09, 2026
LETTER addressed to Judge John P. Cronan from Brandon M. Waterman dated October 9, 2026 re: Response to the Court's Order. Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Waterman, Brandon) (Entered: 10/09/2026)
Main Document: Letter
#9
Oct 09, 2026
ORDER: Federal Rule of Civil Procedure 5.2(c) allows only "the parties and their attorneys" to "have remote electronic access" to the full record in this immigration case. Fed. R. Civ. P. 5.2(c)(1). The Rule provides that the broader public may "have electronic access to the full record at the courthouse, but may have remote electronic access only to" the "docket maintained by the [C]ourt" and the Court's opinions, orders, and judgments (including this order). Id. 5.2(c)(2) (emphasis added). By 12:00 p.m. on October 13, 2026, the parties shall advise whether they object to the Court lifting the restrictions set forth in Rule 5.2(c) and allowing the public to have electronic access to the entire file in this case. In the event the Court does not receive a submission from a party by that deadline, the Court will assume that party does not object to public electronic access to the full case file. (Signed by Judge John P. Cronan on 10/9/2026) (rro) (Entered: 10/09/2026)
Main Document: Order
#10
Oct 09, 2026
ORDER denying without prejudice 4 Motion for TRO. For the reasons stated on the record, Petitioner's motion for a temporary restraining order, Dkt. 4, is denied without prejudice. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 4. (Signed by Judge John P. Cronan on 10/9/2026) (rro) (Entered: 10/09/2026)
Main Document: Order on Motion for TRO
Oct 09, 2026
Magistrate Judge Sarah L. Cave 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. (pc)
Oct 09, 2026
Case Designated ECF. (pc)
Oct 09, 2026
Status Conference
Oct 09, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Harold A. Solis to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (pc)
Oct 09, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Harold A. Solis. The party information for the following party/parties has been modified: FILED OFFICE DIRECTO Kenneth Genalo, Secretary MARKWAYNE MULLIN, Act. U.S. Attn. Gen. TODD BLANCHE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc)
Oct 09, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
Oct 09, 2026
Minute Entry for proceedings held before Judge John P. Cronan. The Court held a conference on Petitioners petition for a writ of habeas corpus and motion for a temporary restraining order. The Court denied Petitioners motion for a temporary restraining order, without prejudice. By 12:00 p.m. on October 13, 2026, Petitioner shall file a status letter updating the Court on (i) whether he believes that the Court has jurisdiction; and (ii) if not, the next steps to be taken in this case. (Court Reporter Lisa OBrien.) (js)
#11
Oct 13, 2026
LETTER addressed to Judge John P. Cronan from Harold A. Solis dated October 13, 2026 re: Petitioner's Response to October 9th Court Order. Document filed by Oscar Bergal..(Solis, Harold) (Entered: 10/13/2026)
Main Document: Letter
#12
Oct 13, 2026
ORDER: On October 9, 2026, the Court (i) announced that it intended to allow the public to remotely access the entire file in this case and (ii) instructed the parties to file any objections to that plan by noon on October 13, 2026. Dkt. 9. That deadline has now passed. The Clerk of Court shall therefore make all previous and future filings on the docket publicly available via remote access. SO ORDERED. (Signed by Judge John P. Cronan on 10/13/2026) (ks) Transmission to Office of the Clerk of Court for processing.
Main Document: Order
#13
Oct 14, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Waterman, Brandon) (Entered: 10/14/2026)
Main Document: Notice of Appearance
#14
Oct 14, 2026
MEMO ENDORSEMENT on re: 11 Letter filed by Oscar Bergal ENDORSEMENT: The Court thanks the parties for the update. By October 15, 2026, the parties shall file a stipulation of dismissal under Rule 41(a)(1)(A) (ii), as they propose below. SO ORDERED. (Signed by Judge John P. Cronan on 10/14/2026) (ks) (Entered: 10/14/2026)
Main Document: Memo Endorsement
#15
Oct 14, 2026
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Todd Blanche, Kenneth Genalo, Markwayne Mullin and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Oscar Bergal. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Solis, Harold) (Entered: 10/14/2026)
Main Document: Stipulation of Voluntary Dismissal
#16
Oct 15, 2026
Transcript
Main Document: Transcript
#17
Oct 15, 2026
Notice of Filing Transcript
Main Document: Notice of Filing Transcript