Eastern District of New York • 1:26-cv-06615

Ladino Rodriguez v. Maldonado

Active

Case Information

Filed: October 14, 2026
Assigned to: Pamela Ki Mai Chen
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:1651 Petition for Writ of Habeas Corpus
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 14, 2026
PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20748268, filed by Oscar Eduardo Ladino Rodriguez. (Attachments: # 1 Exhibit) (Stillman, Lina) . (Entered: 10/14/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Oct 14, 2026
Civil Cover Sheet.. by Oscar Eduardo Ladino Rodriguez (Stillman, Lina) (Entered: 10/14/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#3
Oct 14, 2026
Proposed Summons. by Oscar Eduardo Ladino Rodriguez (Stillman, Lina) (Entered: 10/14/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#4
Oct 15, 2026
Summons Issued as to Todd Blanche, Raul Maldonado, Jr, Markwayne Mullin, David J. Venturella, U.S. Attorney and U.S. Attorney General (SDM) (Entered: 10/15/2026)
Main Document: Summons Issued as to USA
#5
Oct 15, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 10/15/2026)
Main Document: Quality Control Check - Attorney Case Opening
#6
Oct 15, 2026
AFFIDAVIT of Service for contained true copies of the summonses, Petition for Writ of Habeas Corpus, accompanying exhibits, and complaint in this action. served on ALL RESPONDENTS on 10/15/2026, filed by Oscar Eduardo Ladino Rodriguez. (Stillman, Lina) (Entered: 10/15/2026)
Main Document: Affidavit of Service
Oct 15, 2026
ORDER TO SHOW CAUSE: Upon review of Petitioner Oscar Eduardo Ladino-Rodriguez 1 Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, it is hereby ordered that: (1) Respondents shall, by 5:00 p.m. on October 19, 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 all records that are material to this action, including, but not limited to, all records concerning efforts to effectuate Petitioner's removal, all records related to Petitioner's arrest and custody determination(s), and any 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 (c) 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 or the Southern District of New York absent further order of this Court. See Order to Show Cause, Samb v. Joyce, No. 25-CV-6373 (DEH) (S.D.N.Y. Aug. 4, 2025), Dkt. No. 3 (collecting cases issuing similar orders); 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 10/15/2026. (JEC) Modified on 10/15/2026 to correct date (BOTA).
Oct 15, 2026
Case Assigned/Reassigned
Oct 15, 2026
Order to Show Cause (463)
Oct 15, 2026
Case Assigned to Judge Pamela K. Chen. 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)
#7
Oct 16, 2026
Notice of Appearance
#8
Oct 19, 2026
Response to Order to Show Cause
#9
Oct 21, 2026
Reply in Support
#10
Oct 23, 2026
MEMORANDUM & ORDER: For the reasons stated in the attached Memorandum & Order, Oscar Eduardo Ladino-Rodriguez's Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (Dkt. 1), is GRANTED. Petitioner's other arguments, incl uding that Respondents violated the Administrative Procedure Act, (Dkt. 1, ¶¶ 88-93), are now moot and unnecessary to resolve.Respondents are hereby ORDERED to release Oscar Eduardo Ladino-Rodriguez immediately, and no later than 5:00 p.m. ET on Monday, October 26, 2026, unless Respondents file a motion with the Court no later than 11:00 a.m. ET on Monday, October 26, 2026 requesting a bond hearing. If Respondents make such a request, the Court will ho ld the bond hearing at 12:00 p.m. ET on Tuesday, October 27, 2026 in Courtroom 4F North. Otherwise, Respondents shall release Petitioner subject to the conditions under which he was at liberty before he was detained, without any additi onal constraints 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 12:00 p.m. ET on Tuesday, October 27, 2026.Respondents may not administratively recharacterize the release granted by thi s Order as grounds to impose 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-detai n Petitioner without first 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 Petitio ner 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. 28 U.S.C. § 2412(d)(1)(B).The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Pamela K. Chen on 10/23/2026. (JEC)
Main Document: Memorandum & Opinion
#11
Oct 26, 2026
Letter
#12
Oct 27, 2026
Judgment - Clerk

Parties

Ladino Rodriguez
Party
Maldonado
Party