Eastern District of New York • 1:26-cv-06598

#1

Oct 14, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20745775, filed by Jhonny Homero Palag Paca. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Application for OTSC, # 3 Proposed Order Proposed Order) (Kerben, Reuben) (Entered: 10/14/2026)

#2

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)

#3

Oct 14, 2026

MOTION for Order to Show Cause by Jhonny Homero Palag Paca. (Attachments: # 1 Proposed Order Proposed Order) (Kerben, Reuben) (Entered: 10/14/2026)

#4

Oct 14, 2026

Proposed Summons. by Jhonny Homero Palag Paca (Kerben, Reuben) (Entered: 10/14/2026)

Oct 14, 2026

Order on Motion to Show Cause

Oct 14, 2026

Order on Motion to Show Cause AND Order to Show Cause (463)

Oct 14, 2026

ORDER granting 3 Motion for Order to Show Cause re 1 Petition for Writ of Habeas Corpus.The United States Attorney, as attorney for the respondents, is directed to show cause by 5:00 p.m. on October 19, 2026, in writing, why the petition should not be granted, and why the respondents should not be ordered to release the petitioner immediately from detention. In its response, the government should explain the statutory authority for its detention of the petitioner, and, if applicable, whether the petition is controlled by the Second Circuit's opinion in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026) and this Court's opinions in Escalona v. Warden, No. 26-CV-3920, 2026 WL 2018505 (E.D.N.Y. July 13, 2026), and Diosa v. Warden, No. 26-CV-4068, 2026 WL 2056253 (E.D.N.Y. July 16, 2026). If so, the government may waive its rights to a response and submit a letter or otherwise consent to the petitioner's release without prejudice to its rights on appeal. If the government chooses to file a response, it must serve a copy of the response on the petitioner, with proof of 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 the petitioner's immigration file, including Form I-213 (Record of Deportable/Inadmissible Alien), as well as any underlying records that the petitioner has not filed and upon which the government relies. The government must also advise the Court whether any property was seized from the petitioner when he was arrested, and file any records associated with the seizure of property. If the government files a response, the petitioner may file a reply by 5:00 p.m. on October 21, 2026, with proof of service to the Clerk of Court. To preserve the Court's jurisdiction pending a final ruling on the 1 petition, the 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 the petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, the petitioner shall not be transferred to a facility outside of this District. See Samb v. Joyce, No. 25-CV-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025) (collecting cases in support of enjoining transfer of petitioner outside of New York City area). 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. Ordered by Judge Ann M. Donnelly on 10/14/2026. (RHS) (Entered: 10/14/2026)

Oct 14, 2026

NOTICE: Attorney Must File: Supplement Application for OTSC and Petitioner's Proposed Order to Show Cause using the correct event. (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

Case Assigned to Judge Ann M. Donnelly. 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

Case Assigned/Reassigned

Oct 14, 2026

Notice(Other)

Oct 14, 2026

Quality Control Check - Summons

#5

Oct 19, 2026

Response to Order to Show Cause

Oct 22, 2026

Scheduling Order

#6

Oct 26, 2026

Reply in Opposition

#7

Nov 05, 2026

MEMORANDUM DECISION AND ORDER: The petition for a writ of habeas corpus under 28 U.S.C. § 2241 (ECF No. 1), is granted. The government is directed to release the petitioner from custody immediately and within 24 hours of this Order. The governm ent must return to the petitioner any and all funds and/or property that were seized from the petitioner at the time of arrest. The government is directed to submit a letter to the Court certifying compliance with this Order within 48 hours of this O rder. The Court further orders that the petitioner shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized under 8 U.S.C. §1226(a). This order includes "an injunction barring deprivation [of any] of the [petitioner's] rights without the requisite procedural protections." Khabazha v. U.S. Immigr. & Customs Enf 't, 25-CV-5279, 2025 WL 3281514, at *89 (S.D.N.Y. Nov. 25, 2025) (ordering that the government release the petitioner from "restrictions on his liberty imposed as a result of his unlawful [detention]... including the ankle monitor and reporting requirements" and return him to the "status quo ante."). The Clerk of Court is respectfully directed to enter judgment consistent with this Order and close the case. Ordered by Judge Ann M. Donnelly on 11/5/2026. (CES)

#8

Nov 07, 2026

Letter