Southern District of New York • 1:26-cv-09194

#1

Oct 19, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Rafael Stevens Rodriguez Perez..(nb) Modified on 10/20/2026 (nb). (Entered: 10/20/2026)

#2

Oct 19, 2026

PROPOSED ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUSPURSUANT TO 28 U.S.C. § 2241. Document filed by Rafael Stevens Rodriguez Perez..(nb) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 10/20/2026)

#3

Oct 19, 2026

PROPOSED ORDER GRANTING EMERGENCY MOTION FOR TEMPORARYRESTRAINING ORDER. Document filed by Rafael Stevens Rodriguez Perez..(nb) Proposed Order to be reviewed by Clerk's Office staff. Modified on 10/20/2026 (nb). (Entered: 10/20/2026)

#4

Oct 19, 2026

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER TO PRESERVE JURISDICTION, PREVENT REMOVAL OR TRANSFER, AND PROTECT PETITIONER'S ACCESS TO THE COURT. Document filed by Rafael Stevens Rodriguez Perez..(nb) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 10/20/2026)

#5

Oct 19, 2026

DECLARATION OF RAFAEL STEVENS RODRIGUEZ PEREZ IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS. Document filed by Rafael Stevens Rodriguez Perez..(nb) (Entered: 10/20/2026)

Oct 19, 2026

Magistrate Judge Gabriel W. Gorenstein 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. (nb)

Oct 19, 2026

Case Designated ECF. (nb)

#6

Oct 20, 2026

AMENDED STANDING ORDER IN RE PRO SE LITIGATION (See 24-MISC-127 Amended Standing Order filed August 19, 2026). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address of record. Service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. If the court receives information that the address of record for a self-represented party is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the self-represented party's last known address and will also be viewable on the court's electronic docket. A party's failure to provide a valid address will not, however, preclude dismissal with prejudice for other reasons. A self-represented defendant who fails to comply with this Order by informing the court of a change of address or electronic contact information will be at risk of default or other sanctions. Self-represented parties may consent to electronic service to receive email notifications of all court filings, including court orders and all submissions filed by all parties. A party who consents to electronic service no longer receives regular mail delivery of court orders or submissions by other parties. Parties also may ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the court's website, https://nysd.uscourts.gov/forms. A notice directing the parties' attention to this Order shall be docketed (and mailed to any self-represented party who has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records, or upon notice to the court that a party is proceeding pro se. The Clerk of Court is directed to change the caption on 24-MC-127 to "In Re: Pro Se Litigation." (Signed by Judge Laura Taylor Swain on 8/19/2026) (nb) (Entered: 10/20/2026)

#7

Oct 20, 2026

ORDER TO SHOW CAUSE:it is hereby ORDERED that: 1. 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.1 2. Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this court in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel through these proceedings.2 3. Respondents shall file a letter by October 22, 2026, indicating: (1) under what statutory provision Petitioner is being detained; (2) whether this case is distinguishable from my decisions in Sidqui v. Almodovar, No. 25-CV-9349, 2026 WL 251929 (S.D.N.Y. Jan. 30, 2026), Han v. Noem, No. 25-CV-1075, 2026 WL 322963 (S.D.N.Y. Feb. 6, 2026), the Second Circuit's decision in Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), which held that 8 U.S.C. § 1226(a), or the discretionary detention statute, applies to noncitizens currently present in the country rather than the mandatory detention statute of 8 U.S.C. § 1225(b), or Tapia v. Arteta, No. 26-CV- 2527, 2026 WL 1863849 (S.D.N.Y. June 29, 2026); (3) whether venue is proper in this District; and (4) whether this petition should be treated as a motion to enforce my prior grant of habeas corpus to Petitioner, see Doc. 18, Perez v. Warden of Orange County Correctional Facility, et al., No. 26-CV-5013, or as its own standalone petition. 4. Petitioner shall have the opportunity to file a letter in response to Respondents' letter by October 26, 2026. 5. The parties shall also attend an initial telephonic case conference on Wednesday, October 28, 2026 at 3:00 p.m. ET. The dial-in number is 1-855-244-8681 and the access code is 2309 3085 835. There is no attendee ID. 6. Respondents shall show cause, pursuant to 28 U.S.C. § 2243, why the Petition for Writ of Habeas Corpus should not be granted by November 3, 2026. 7. Petitioner shall have the opportunity to file a reply by November 9, 2026. 8. This matter shall be heard by the Court on Thursday, November 12, 2026 at 11:00 a.m. in the Thurgood Marshall United States Courthouse, Courtroom 518, 40 Foley Square, New York, NY, 10007. 9. By October 22, 2026, Petitioner is directed to serve Respondents with a copy of the Habeas Petition and accompanying papers, along with a copy of this Order and promptly file proof of such service on the docket. In the meantime, the Habeas Petition and this Order will be emailed to the Civil Division of the U.S. Attorney's Office for the Southern District of New York at the following email address: Jeffrey.Oestericher@usdoj.gov. ( Show Cause Hearing set for 11/12/2026 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.), ( Show Cause Hearing set for 11/12/2026 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick., Initial Conference set for 10/28/2026 at 03:00 PM before Judge Vernon S. Broderick.), ( Replies due by 11/9/2026.) (Signed by Judge Vernon S. Broderick on 10/20/2026) (tro) (Entered: 10/20/2026)

Oct 20, 2026

Note Regarding Service on Self-Represented Party

Oct 20, 2026

Pro Se Payment of Fee - Processed

Oct 20, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(nb)

Oct 20, 2026

Pro Se Payment of Fee Processed: $5.00 Money Order processed by the Finance Department on 10/20/2026, Receipt Number 52652. (je)

Oct 21, 2026

Mailing Receipt

Oct 21, 2026

MAILING RECEIPT: Document No: 6,7. Mailed to: Rafael Stevens RodriguezPerez A#240-054-821 Orange County Correctional Facility Goshen, NY 10924. (anc)

#8

Oct 22, 2026

Notice of Appearance

#9

Oct 22, 2026

Letter

#10

Oct 29, 2026

ORDER: In accordance with my representations to the parties at that conference, it is hereby ORDERED that: 1. I will construe the Petition, to the extent it challenges the compliance of the Government and the immigration judge with my prior Opinio n & Order, as a motion to enforce the Opinion & Order. 2. To the extent the Petition seeks review of Petitioner's detention beyond the scope ofmy prior Opinion & Order, I find that transfer to the Eastern District of New Yorkwhere Petitioner was located when he filed his Petition and where he remains detainedis appropriate. 3. The Government may file an opposition to Petitioner's motion to enforce the Opinion & Order on Docket No. 26-CV-5013, on or before November 6, 2026. 4. Petitione r may file a reply on Docket No. 26-CV-5013, on or before November 19, 2026. 5. The conference previously scheduled for November 12, 2026, as well as the deadlines for the Government to show cause and for the Petitioner to reply to the Government 9;s submission as it relates to his current detention, are adjourned sine die. The Clerk of Court is respectfully directed to docket the items on this docket, including this Order, to Docket No. 26-CV-5013, and to transfer this case to the Eastern District of New York. SO ORDERED. ( Responses due by 11/6/2026, Replies due by 11/19/2026.) (Signed by Judge Vernon S. Broderick on 10/29/2026) (rro) Transmission to Office of the Clerk of Court for processing.

Nov 02, 2026

1 - Terminate Hearings AND Pretrial Conference - Initial

Nov 02, 2026

Mailing Receipt