Eastern District of New York • 1:26-cv-06645

#1

Oct 15, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20753919, filed by K.A.R.. (Attachments: # 1 Exhibit A - Notice to Appear, # 2 Exhibit B - I-830 Delaney Hall, # 3 Exhibit C - I-830 MDC, # 4 Exhibit D - IJ Bond Order, # 5 Exhibit E - IJ Bond Decision, # 6 Civil Cover Sheet) (Herr, Ilana) (Entered: 10/15/2026)

#2

Oct 15, 2026

MOTION to Seal, MOTION to Seal Case by K.A.R.. (Attachments: # 1 Proposed Order) (Herr, Ilana) (Entered: 10/15/2026)

#3

Oct 16, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 10/16/2026)

#4

Oct 16, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner K.A.R.s 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 21, 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 10/16/2026. (JEC) (Entered: 10/16/2026)

#5

Oct 16, 2026

Civil Cover Sheet.. by K.A.R. (Herr, Ilana) (Entered: 10/16/2026)

Oct 16, 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)

Oct 16, 2026

ORDER GRANTING MOTION TO PROCEED USING INITIALS: The Court grants Petitioner's 2 motion to proceed using initials. All filings shall refer to Petitioner only by initials, K.A.R.The Court determines that the relevant factors weigh in favor of Petitioner proceeding pseudonymously and permitting sensitive information to remain sealed. Immigration actions "involve[] 'matters that are highly sensitive and of a personal nature.'" R.F.M. v. Nielsen, 365 F. Supp. 3d 350, 371 (S.D.N.Y. 2019) (quoting Sealed Pl. v. Sealed Def., 537 F.3d 185, 190 (2d Cir. 2008)); M.M. v. Mayorkas, 24-cv-2090 (NSR), 2024 WL 1795766, at *2 (S.D.N.Y. Apr. 25, 2024) (granting motion to proceed anonymously where "[t]he facts underlying [p]laintiff's claim" involved a "highly sensitive and personal matter"); M.O. v. Mayorkas, No. 23-CV-06609 (FPG), 2023 WL 7300960, at *2 (W.D.N.Y. Nov. 6, 2023) (permitting plaintiff, an asylum seeker, to proceed under a pseudonym).Beyond using only Petitioner's initials, the parties are further directed to exercise caution when filing documents that contain certain other identifying information, including his alien registration number ("A number"), his full birth date, the full names of his family members, his photograph, his fingerprints, and his full address. Until further order from the Court, the parties are excused from compliance with the Court's Individual Rule 1(B). Rather than filing motions to seal, any documents the parties seek to file that contain the information described above should be filed under seal with redacted versions filed on the public docket. If either party believes the redactions are insufficient or overbroad as to certain documents, they shall confer with the opposing party to seek resolution. If a genuine dispute remains after conferral, they shall bring the issue to the Court's attention. Ordered by Judge Pamela K. Chen on 10/16/2026. (JEC)

Oct 16, 2026

Order on Motion to Seal AND Order(Other)

Oct 16, 2026

Case Assigned/Reassigned

Oct 16, 2026

Quality Control Check - Summons

Oct 16, 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)

#6

Oct 20, 2026

Notice of Appearance

#7

Oct 20, 2026

Extension of Time to File Response/Reply

#8

Oct 21, 2026

Amend/Correct/Supplement

#9

Oct 21, 2026

Certificate of Service

Oct 21, 2026

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

Oct 22, 2026

Order on Motion to Amend/Correct/Supplement

#10

Oct 23, 2026

Memorandum in Opposition

#11

Oct 23, 2026

Declaration

Oct 23, 2026

Order(Other)

#12

Oct 26, 2026

Letter

#13

Oct 26, 2026

Seal Document

Oct 26, 2026

Order on Motion to Seal Document

#14

Oct 27, 2026

Letter

#15

Oct 28, 2026

MEMORANDUM & OPINION: For the reasons stated in the attached Memorandum & Order, K.A.R.'s Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, (Dkt. 1), is GRANTED. Petitioner's other arguments, including that the post-a rrest issuance of the NTA violated the INA, are now moot and unnecessary to resolve.Respondents are hereby ORDERED to release K.A.R. immediately, and no later than 5:00 p.m. ET on Thursday, October 29, 2026, unless Respondents file a motion with the Court no later than 11:00 a.m. ET on Thursday, October 29, 2026, requesting a bond hearing. If Respondents make such a request, the Court will hold the bond hearing at 2:00 p.m. ET on Thursday, October 29, 202 6 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 additional constraints on his liberty, including, but not limited to, electr onic 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 th ese directives in a filing on the docket no later than 12:00 p.m. ET on Friday, October 30, 2026.Respondents may not administratively recharacterize the release granted by this Order as grounds to impose conditions or re-impose exis ting 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-detain 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 just ifies 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 Petitioner seek an award of reasonable fees and costs pursua nt 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 10/28/2026. (JEC)

#16

Oct 28, 2026

Amend/Correct/Supplement

Oct 28, 2026

Order on Motion to Amend/Correct/Supplement

#17

Oct 29, 2026

Letter

#18

Oct 29, 2026

Letter

#19

Oct 29, 2026

Judgment - Clerk

Oct 29, 2026

Order on Motion to Amend/Correct/Supplement