Eastern District of New York • 1:26-cv-06607

#1

Oct 14, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20747457, filed by Oscar Belgal. (Attachments: # 1 Affidavit Decl. of Perry McAninch, # 2 Exhibit Notice to Appear, # 3 Exhibit Section 1226a Initial Detention Decision, # 4 Exhibit Notice of Custody Determination) (McAninch, Perry) (Entered: 10/14/2026)

#2

Oct 14, 2026

NOTICE of Appearance by Elyssa Williams on behalf of Oscar Belgal (aty to be noticed) (Williams, Elyssa) (Entered: 10/14/2026)

#3

Oct 14, 2026

Civil Cover Sheet.. by Oscar Belgal (McAninch, Perry) (Entered: 10/14/2026)

#4

Oct 14, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 10/14/2026)

#5

Oct 14, 2026

Proposed Summons. by Oscar Belgal (McAninch, Perry) (Entered: 10/14/2026)

Oct 14, 2026

Case Assigned/Reassigned

Oct 14, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Oscar Belgal. The United States Attorney, as attorney for Respondents, is directed to show cause by 10:00 a.m. on October 19, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226. If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026). Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal. If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is 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 its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest. If the government files a response, Petitioner is directed to file his reply, if any, by 10:00 a.m. on October 22, 2026, with proof of service. Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney. To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 10/14/2026. (CBF)

Oct 14, 2026

Case Assigned to Judge Hector Gonzalez. 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. (SDM)

Oct 14, 2026

Notice: MISSING CIVIL COVER SHEET (Please Use Link Below) The Clerk's Office needs a completed JS-44 (Rev. 7.16.2026; Effective 7.16.2026). Civil Cover Sheet. Please submit completed Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 7/16/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM)

Oct 14, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Oct 14, 2026

Quality Control Check - Summons

Oct 14, 2026

Order to Show Cause (463)

Oct 14, 2026

Notice: Re: Incomplete Civil Cover Sheet

#6

Oct 15, 2026

LETTER addressed to Judge Hector Gonzalez from Matthew Russell Lee dated October 15, 2026 re: Press request for public access to docket. (PN) (Entered: 10/15/2026)

Oct 15, 2026

Order(Other)

Oct 15, 2026

ORDER: The Court is in receipt of interested party Matthew Russell Lee's request to allow full public access to current and future filings in this case see ECF No. 6 . The parties shall submit a joint letter setting forth their respective positions on the request by October 20, 2026. The letter may not exceed five pages. Ordered by Judge Hector Gonzalez on 10/15/2026. (PN)

#7

Oct 16, 2026

First MOTION for Extension of Time to File Response/Reply by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin. (Shi, Nathan) (Entered: 10/16/2026)

#8

Oct 16, 2026

NOTICE of Appearance by Nathan Shi on behalf of Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (notification declined or already on case) (Shi, Nathan) (Entered: 10/16/2026)

#9

Oct 16, 2026

MOTION for Leave to Electronically File Document under Seal by Oscar Belgal. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit Mapp Mot. and Mem. of Law, # 4 Exhibit Pet'r Medical Records, # 5 Exhibit Ltr. of Michael Klein, MD, FACS) (McAninch, Perry) (Entered: 10/16/2026)

Oct 16, 2026

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

Oct 16, 2026

ORDER granting ECF No. 7 subject to the following modification: the government may file it's response to the Court's Order to Show Cause by 10:00 a.m. on October 23, 2026, but shall file an update on the status of Petitioner's medical condition by October 19, 2026 at 10:00 a.m. Petitioner may file his reply by 4:00 p.m. on October 27, 2026. Ordered by Judge Hector Gonzalez on 10/16/2026. (CBF)

#10

Oct 19, 2026

SEALED DOCUMENTS, Letter in compliance with the Court's October 16, 2026 Order by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Attachments: # 1 Sealed Filing Sheet) (Shi, Nathan) (Entered: 10/19/2026)

#11

Oct 19, 2026

SEALED DOCUMENTS, Emergency MOTION for Bond and Release Pursuant to Mapp v. Reno by Oscar Belgal. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit A (10.8.26 Medical Records), # 4 Exhibit B (Dr. Klein Letter and CV)) (Williams, Elyssa) (Entered: 10/19/2026)

#12

Oct 19, 2026

Letter regarding Respondents' response to Petitioner's Emergency Motion by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Shi, Nathan) (Entered: 10/19/2026)

Oct 19, 2026

ORDER: The Court is in receipt of the government's letter requesting leave to file its response to Petitioner's Emergency Motion, including an update regarding Petitioners examination at an outside medical facility and his medical condition, in the form of a letter. ECF No. 12 . The government's request is granted. The government shall file its letter by 5:00 p.m. tomorrow, October 20, 2026. Ordered by Judge Hector Gonzalez on 10/19/2026. (CBF)

Oct 19, 2026

ORDER: The Court is in receipt of Petitioner's emergency motion for bond and release while his habeas petition is pending (the "Emergency Motion"). ECF No. 11 . The government shall respond to Petitioner's Emergency Motion by 5:00 p.m. on October 20, 2026. In light of the government's representation that Petitioner "will be examined today at an outside medical facility," ECF No. 10, the government's response shall include information concerning that examination and an update on Petitioner's medical condition. Given the exigency of Petitioner's request, the Court warns the government that it will not grant extensions to the deadlines set forth herein. Ordered by Judge Hector Gonzalez on 10/19/2026. (CBF)

Oct 19, 2026

ORDER granting 9 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Hector Gonzalez on 10/19/2026. (CBF)

Oct 19, 2026

Order on Motion for Leave to Electronically File Document under Seal

Oct 19, 2026

Status Report Order

#13

Oct 20, 2026

SEALED DOCUMENTS, RESPONSE in Opposition re 11 Emergency MOTION for Bond and Release Pursuant to Mapp v. Reno filed by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin. (Attachments: # 1 Appendix 1, # 2 Declaration in Opposition, # 3 Declaration in Opposition, # 4 Sealed Filing Sheet) (Shi, Nathan) (Entered: 10/20/2026)

#14

Oct 20, 2026

Letter Regarding Public Access to Filings by Oscar Belgal (McAninch, Perry) (Entered: 10/20/2026)

#15

Oct 20, 2026

MOTION for Leave to File Document Reply in Support of Mapp Motion by noon on October 21 by Oscar Belgal. (Williams, Elyssa) (Entered: 10/20/2026)

#16

Oct 21, 2026

SEALED DOCUMENTS, REPLY in Support re 11 Emergency MOTION for Bond and Release Pursuant to Mapp v. Reno filed by Oscar Belgal. (Attachments: # 1 Exhibit Supplemental Report of Dr. Michael Klein) (McAninch, Perry) (Entered: 10/21/2026)

Oct 21, 2026

ORDER: The Court is in receipt of the parties' papers submitted in connection with Petitioner's Emergency Motion for Bond and Release Pursuant to Mapp v. Reno. See ECF No. 11 (Motion); ECF No. 13 (government Opposition); ECF No. 13 (Petitioner's Reply). In light of the parties' respective representations, and to the extent it has not already done so, the government shall provide to Petitioner a complete set of Petitioner's medical records in the custody or control of Respondents, including all of Petitioner's medical records from the Brooklyn Hospital Center ("Brooklyn Hospital"). Additionally, to the extent records concerning the training, credentials or specialties of the medical provider(s) who tended to or evaluated Petitioner at Brooklyn Hospital are not part of the medical records in the custody or control of Respondents, the government shall obtain that information and submit it to the Court as part of its response to this Order. The government shall submit its response to this Order on or before 12:00 p.m. on Friday, October 23, 2026. The Court notes that this Order does not modify or supplant the parties' existing deadlines. The government shall file it's response to the Court's Order to Show Cause by 10:00 a.m. on October 23, 2026; Petitioner may file his reply, if any, by 4:00 p.m. on October 27, 2026. See Oct. 16, 2026, Text Order. Ordered by Judge Hector Gonzalez on 10/21/2026. (CBF)

Oct 21, 2026

Status Report Order

Oct 21, 2026

Order on Motion for Leave to File

Oct 21, 2026

ORDER: On October 15, 2026, the Court informed the parties that it had received a request from interested party Matthew Russell Lee to allow full public access to current and future filings in this case. See Oct. 15, 2026, Text Order; ECF No. 6 . The Court directed the parties to file a joint letter setting forth their positions on the request, see Oct. 15, 2026, Text Order, and five days later, the parties submitted their letter. See ECF No. 14 . There, Petitioner takes the position "that the docket in this case may be accessible to the public, so long as any highly sensitive or confidential information, such as medical records, will be filed by the parties under seal upon appropriate motion to the Court." Id. The government, for its part, takes no position on the request.In light of the foregoing, and because the Court concludes that public access "allows the public to understand the activity of the federal courts, enhances the court system's accountability and legitimacy, and informs the public of matters of public concern," Zhao v. Belok, No. 24-cv-1793W, 2024 WL 1739911, at *1 (S.D.N.Y. Apr. 23, 2024), interested party Matthew Russell Lee's request is granted to the extent he seeks public access to filings that are not filed under seal.The Clerk of Court is respectfully directed to make all previous and future filings on the docket, except for those filed under seal, publicly available via remote access. To the extent they were not already doing so, the parties shall file any submissions containing highly sensitive or confidential information under seal. Ordered by Judge Hector Gonzalez on 10/21/2026. (PN)

Oct 21, 2026

ORDER granting ECF No. 15 Motion for Leave to File. Petitioner shall file a reply to the government's letter response in opposition to his emergency motion for bond and release, ECF No. 13, by 12:00 p.m. today, October 21, 2026. Ordered by Judge Hector Gonzalez on 10/21/2026. (CBF)

Oct 21, 2026

Order(Other)

#17

Oct 22, 2026

SEALED DOCUMENTS, Emergency MOTION for Hearing re 11 Emergency MOTION for Bond and Release Pursuant to Mapp v. Reno New Medical Symptoms by Oscar Belgal. (Attachments: # 1 Exhibit A (Declaration K. Brown, Esq.), # 2 Exhibit B (10/22/26 Letter of M. Klein, MD, FACS)) (Williams, Elyssa) (Entered: 10/22/2026)

Oct 22, 2026

Order Unrestricting Access to 463 Case

Oct 22, 2026

ORDER: On October 15, 2026, the Court informed the parties that it had received a request from interested party Matthew Russell Lee to allow full public access to current and future filings in this case. See Oct. 15, 2026, Text Order; ECF No. 6 . The Court directed the parties to file a joint letter setting forth their positions on the request, see Oct. 15, 2026, Text Order, and five days later, the parties submitted their letter. See ECF No. 14 . There, Petitioner takes the position "that the docket in this case may be accessible to the public, so long as any highly sensitive or confidential information, such as medical records, will be filed by the parties under seal upon appropriate motion to the Court." Id. The government, for its part, takes no position on the request.In light of the foregoing, and because the Court concludes that public access "allows the public to understand the activity of the federal courts, enhances the court system's accountability and legitimacy, and informs the public of matters of public concern," Zhao v. Belok, No. 24-cv-1793W, 2024 WL 1739911, at *1 (S.D.N.Y. Apr. 23, 2024), interested party Matthew Russell Lee's request is granted to the extent he seeks public access to filings that are not filed under seal.The Clerk of Court is respectfully directed to make all previous and future filings on the docket, except for those filed under seal, publicly available via remote access. To the extent they were not already doing so, the parties shall file any submissions containing highly sensitive or confidential information under seal. Ordered by Judge Hector Gonzalez on 10/21/2026. (PN)

#18

Oct 23, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 11, # 11 Exhibit 12) (Shi, Nathan) (Entered: 10/23/2026)

#19

Oct 23, 2026

SEALED DOCUMENTS, Letter enclosing Exhibit 10 to Respondents' Response to the Order to Show Cause by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Attachments: # 1 Exhibit 10 to Response to the Court's Order to Show Cause) (Shi, Nathan) (Entered: 10/23/2026)

#20

Oct 23, 2026

SEALED DOCUMENTS, Letter enclosing Sealed Filing Sheet for ECF No. 19 by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Attachments: # 1 Sealed Filing Sheet) (Shi, Nathan) (Entered: 10/23/2026)

#21

Oct 23, 2026

SEALED DOCUMENTS, Letter in response to the Court's October 21, 2026 Order by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Declaration) (Shi, Nathan) (Entered: 10/23/2026)

#22

Oct 23, 2026

SEALED DOCUMENTS, RESPONSE in Opposition re 17 Emergency MOTION for Hearing re 11 Emergency MOTION for Bond and Release Pursuant to Mapp v. Reno New Medical Symptoms filed by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin. (Attachments: # 1 Exhibit 1) (Shi, Nathan) (Entered: 10/23/2026)

Oct 23, 2026

Order on Motion for Bond

Oct 23, 2026

Order on Motion for Bond AND Order on Motion for Hearing

Oct 23, 2026

Status Report Order

Oct 23, 2026

ORDER: The Court is in receipt of Petitioner's renewed Emergency Motion for Bond and Release Pursuant to Mapp v. Reno. See ECF No. 17 . The government shall file a response by 2:00 p.m. today, October 23, 2026. In that response, the government shall provide an update on the Petitioner's current medical situation, including an update from the last time Petitioner has been seen by medical staff. Ordered by Judge Hector Gonzalez on 10/23/2026. (CBF)

Oct 23, 2026

ORDER: The Court has reviewed: (1) Petitioner's Emergency Motion for Bond and Release Pursuant to Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001), ECF No. 11 (the "Release Motion"); (2) the government's response to the Release Motion, ECF No. 13 ; (3) Petitioner's reply in support of his Release Motion, ECF No. 16 ; (4) Petitioner's Emergency Motion for a Hearing on his Release Motion, ECF No. 17 (the "Hearing Motion"); (5) a complete set of Petitioner's medical records in the custody or control of Respondents, including all of Petitioner's medical records from the Brooklyn Hospital Center ("Brooklyn Hospital"), ECF No. 21 (the "Medical Records"); and (6) the government's response to Petitioner's Hearing Motion, ECF No. 22 . For the reasons set forth below, Petitioner's Release Motion, ECF No. 11, is DENIED; his Hearing Motion, ECF No. 17, is also DENIED. Pursuant to the Circuit's decision in Mapp, this Court has authority to set bail for habeas petitioners, pending the adjudication of their petitions. 241 F.3d at 226. Notably, this sort of relief should be granted "only in unusual cases, or when extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective." Id. (citing Ostrer v. United States, 584 F.2d 594, 596 n.1 (2d Cir. 1978)). Stated otherwise: "the standard for bail pending habeas litigation is a difficult one to meet," Petitioner must demonstrate that his Petition "raise[s] substantial claims and that extraordinary circumstances exist[ ] that make the grant of bail necessary to make the habeas remedy effective." Id. (citing Grune v. Coughlin, 913 F.2d 41, 44 (2d Cir. 1990)).Petitioner fails to satisfy that stringent standard here. Assuming without deciding that Petitioner has adequately demonstrated his Petition raises the required "substantial claims," Petitioner's Release Motion fails to demonstrate that grant of bail and release pending the Court's decision on his Petition are necessary here. Petitioner argues his immediate release is necessary to "afford [him] the ability to obtain the outpatient medical treatment he plainly requires," and that, if he remains detained, his "physical health is liable to degrade even further," and place him at "significant risk for irreversible disability." ECF No. 11 -1 at 20. The government's submissions tell a different story. The government's submissions demonstrate that Petitioner was evaluated upon his admission to the Metropolitan Detention Center ("MDC") and provided with medical care in the days following, including necessary prescription medications, necessary wound care and monitoring, concussion evaluation and monitoring. See ECF Nos. 13, 21 -1. It also shows that Petitioner was evaluated days later at Brooklyn Hospital, where he received a full medical evaluation, including separate CT scans of his head and neck, which, among other things, led medical providers to the conclusion that he did "not need acute surgical or medical care at th[at] time and [did] not need specialized medical care while in custody." See ECF No. 21 -2 at 10, 23, 26-28. And that he has received consistent evaluation at the MDC since, see ECF Nos. 13, 21 -1, 22 -1. The Medical Records also show that Petitioner was evaluated again this morning, about 30 minutes after the Court's Order directing the government to "provide an update on [] Petitioner's current medical situation, including an update from the last time [he] ha[d] been seen by medical staff." see Oct. 23, 2026, Text Order; ECF Nos. 21 ; 22 . The administrative note from that evaluation corroborates the government's previous representations and demonstrates that, as recently as a few hours ago, Petitioner does not show signs of a deteriorating condition. See ECF No. 21 -1. In fact, the medical provider who evaluated Petitioner this morning notes that Petitioner "seemed surprised that he was seeing the medical team." Id.When considered in conjunction, Petitioner's submissions characterize his medical care as inadequate and dangerous, but the government's submissions, including the Medical Records, show that he has received necessary and appropriate care and that his medical condition is stable. Accordingly, Petitioner has failed to demonstrate that his immediate release is necessary pending adjudication of his Petition.In any event, the Court is in receipt of the government's response to the Petition, ECF Nos. 18, 19, and it notes that Petitioner's reply is due by 4:00 p.m. on Tuesday, October 27, 2026, see Oct. 16, 2026, Text Order. Once the Court has received all the parties' submissions, it will endeavor to decide the Petition expeditiously. That expediency further counsels against a finding that "extraordinary or exceptional circumstances exist which make the grant of bail necessary to make the habeas remedy effective." Mapp, 241 F.3d at 226; Ostrer, 584 F.2d at 596 n.1. Ordered by Judge Hector Gonzalez on 10/23/2026. (CBF)

#23

Oct 27, 2026

REPLY in Support of Petition for a Writ of Habeas Corpus filed by Oscar Belgal. (Attachments: # 1 Exhibit Velasaca Stipulation, # 2 Exhibit Velasaca Mot. to Enforce Settlement) (McAninch, Perry) (Entered: 10/27/2026)

#24

Oct 29, 2026

NOTICE by Oscar Belgal of Supplemental Authority (Attachments: # 1 Exhibit P.A.G.C. v. Genalo) (McAninch, Perry) (Entered: 10/29/2026)

#25

Oct 29, 2026

Letter regarding Petitioner's Notice of Supplemental Authority by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Shi, Nathan) (Entered: 10/29/2026)

Oct 29, 2026

ORDER: The Court is in receipt of ECF No. 25 the government's letter requesting opportunity to respond to Petitioner's Notice of Supplemental Authority (ECF No. 24 ). The government's request is granted, subject to the following modification: the government shall file it's response by 4:00 p.m. on Tuesday, November 3, 2026. Ordered by Judge Hector Gonzalez on 10/29/2026. (CBF)

Oct 29, 2026

Scheduling Order

#26

Nov 03, 2026

Letter responding to Petitioner's Notice of Supplemental Authority by Todd Blanche, Kenneth Genalo, Raul Maldonado Jr., Daren Margolin, Markwayne Mullin (Attachments: # 1 Declaration) (Shi, Nathan) (Entered: 11/03/2026)

#27

Nov 03, 2026

MOTION for Leave to File Document Reply to Respondents' Response ECF 26 by November 4, 2026 by Oscar Belgal. (Williams, Elyssa) (Entered: 11/03/2026)

#28

Nov 04, 2026

Reply in Support

Nov 04, 2026

ORDER granting ECF No. 27 Motion for Leave to File Reply. Petitioner may file his reply of no more than three pages by 5:00 p.m. on November 4, 2026. Ordered by Judge Hector Gonzalez on 11/4/2026. (CBF)

Nov 04, 2026

Order on Motion for Leave to File