Eastern District of New York • 1:26-cv-06687

#1

Oct 22, 2026

PETITION for Writ of Habeas Corpus, filed by Manuel Alejandro Macero-Morales. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 10/22/2026)

#2

Oct 22, 2026

MOTION to Appoint Counsel by Manuel Alejandro Macero-Morales. (KAD) (Entered: 10/22/2026)

#3

Oct 22, 2026

ORDER TO SHOW CAUSE: Upon consideration of Petitioner's 1 Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ("Petition"), IT IS HEREBY ORDERED that: 1) Respondents are ORDERED to file a return to the order to show cause why the Petition should not be granted and to serve a copy of that return upon pro se Petitioner with proof of service on the docket by October 27, 2026, at 5:00 p.m., see 28 U.S.C. § 2243; 2) The parties are further ORDERED to appear before this Court for a hearing on the Petition on October 28, 2026, at 11:00 a.m. in Courtroom 6C South before Judge Orelia E. Merchant. Alternatively, the parties may file a joint letter by October 27, 2026, indicating that they waive the hearing and consent to the Court issuing a decision on the submissions.Moreover, to preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the Eastern District of New York until further order of this Court. See Local 1814, Int'l Longshoremen's Ass'n v. N.Y. Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, 'the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction.' " (alteration in original) (quoting United States v. Int'l Bhd. of Teamsters, 907 F.2d 277, 281 (2d Cir. 1990). The Clerk of Court is directed to mail a copy of this order and the docket sheet to pro se Petitioner, as well as email copies of both to Petitioner's wife at yaramateo2016@gmail.com, and note having done so on the docket. SO ORDERED by Judge Orelia E. Merchant on 10/22/2026. (IRW) (Entered: 10/22/2026)

Oct 22, 2026

ORDER re 3 Scheduled Hearing on the Petition 1 for a Writ of Habeas Corpus: The U.S. Attorney's Office is directed to facilitate the production of Petitioner for the October 28, 2026, 11:00 a.m. scheduled hearing in Courtroom 6C South before Judge Orelia E. Merchant. The Clerk of Court is directed to mail a copy of this Order and the docket sheet to pro se Plaintiff, to email copies to yaramateo2016@gmail.com, and to note having done so on the docket. Ordered by Judge Orelia E. Merchant on 10/22/2026. (IRW)

Oct 22, 2026

Order(Other)

Oct 22, 2026

Order on Motion to Appoint Counsel

Oct 22, 2026

ORDER denying 2 Motion to Appoint Counsel, without prejudice. There is no right to counsel in a civil case, MartinTrigona v. Lavien, 737 F.2d 1254, 1260 (2d Cir. 1984), nor in a habeas case, see United States v. Yousef, 395 F.3d 76, 77 (2d Cir. 2005). When resolving a motion to appoint counsel in a civil case, "the district judge should first determine whether the indigent's position seems likely to be of substance. If the claim meets this threshold requirement, the court should then consider the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Hodge v. Police Officers, 802 F.2d 58, 6162 (2d Cir. 1986). Further, when denying motions for appointment of counsel, district courts frequently cite the demonstrated ability of a pro se plaintiff to present his or her case. See, e.g., Geddis v. Ford, 10-CV-1001S (Sr), 2011 WL 6012516, at *5 (W.D.N.Y. Dec. 1, 2011) ("Plaintiff has demonstrated a capacity to inform the court of the factual allegations supporting his legal claims and the Court does not doubt that he has the ability to avail himself of the discovery devices provided in the Federal Rules of Civil Procedure."); Foggie ex rel. Geronimo v. Comm'r of Soc. Sec., 243 F. Supp. 2d 2, 4 (S.D.N.Y. 2003) ("[Plaintiff] has shown the ability to properly file a complaint including the relevant facts of her case.... [Plaintiff] has not given a clear indication that she is unable to provide opposition to the defendant's motion to dismiss or that she lacks the ability to present her case."); Singleton v. Garvin, 02 CIV. 1189(WK)(RLE), 2003 WL 1872713, at *1 (S.D.N.Y. Apr. 11, 2003) ("Furthermore, in his written communication with the Court, [Plaintiff] demonstrates his ability to present facts clearly.").Here, Petitioner requests the appointment of counsel because "English is not [his] first language", he is "not familiar with the U.S. legal system", "Immigration detention is a complex area of law", his difficulty to learn the law and prepare legal filings with limited access to information while detained, and because it is hard to contact family or friends outside to ask for help. Dkt. 2 at 3. While Petitioner satisfies the threshold showing of some likely merit, see Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989), the Court does not believe the appointment of counsel is warranted here. Petitioner's filings have demonstrated his ability to articulate the relevant facts and his familiarity with the relevant law. See Dkt. 1. The Court therefore does not find that Petitioner is unable to effectively present his case or that the legal issues are too complex for pro se litigation. See Foggie, 243 F. Supp. 2d at 4; Singleton, 2003 WL 1872713, at *1. Petitioner has demonstrated a capacity to effectively participate in this litigation and the Court "does not doubt that he has the ability to avail himself of the discovery devices provided in the Federal Rules of Civil Procedure." Geddis, 2011 WL 6012516, at *5; see also Saunders v. Niagara County, 21-cv-6585-FPG-MJP, 2023 WL 7528358, at *5 (W.D.N.Y. Nov. 14, 2023) ("Many [detainees] present the Court with arguments that incarceration alone makes it difficult to investigate their claims. Such arguments are unhelpful: this is true of every pro se [detainee]. If the Court gave every pro se [detainee] legal counsel on this basis, the Court would quickly exhaust its pro bono resources, leaving other pro se litigants out in the cold."). Accordingly, Petitioner's 2 Motion to Appoint Counsel is denied, without prejudice. The Clerk of Court is directed to mail a copy of this Order and the docket sheet to pro se Petitioner, to email copies to yaramateo2016@gmail.com, and to note having done so on the docket. Ordered by Judge Orelia E. Merchant on 10/22/2026. (IRW)

#4

Oct 23, 2026

WRIT OF HABEAS CORPUS FILING FEE:$ 5.00, receipt number 100028999. (MAA) (Entered: 10/23/2026)

#5

Oct 27, 2026

NOTICE of Appearance by Tiffany Taveras on behalf of Attorney General, Department of Homeland Security, Warden of the MDC Brooklyn (aty to be noticed) (Taveras, Tiffany) (Entered: 10/27/2026)

#6

Oct 27, 2026

First MOTION for Extension of Time to File Response/Reply & respectfully requesting adjournment of hearing by Attorney General, Department of Homeland Security, Warden of the MDC Brooklyn. (Attachments: # 1 Exhibit A - Form I-286) (Taveras, Tiffany) (Entered: 10/27/2026)

#7

Oct 27, 2026

CERTIFICATE OF SERVICE by Attorney General, Department of Homeland Security, Warden of the MDC Brooklyn of First Motion for Extension of Time to File Response/Reply and request for adjournment of hearing (Taveras, Tiffany) (Entered: 10/27/2026)

Oct 27, 2026

ORDER granting in part and denying in part Respondents' 6 Motion for Extension of Time to File Response/Reply. Respondents shall file a return to the Court's Order to Show Cause why Petitioner's 1 Petitioner for Writ of Habeas Corpus should not be granted by October 28, 2026 at 10:00 AM, and the hearing shall proceed as previously scheduled. The U.S. Attorney's Office is reminded to facilitate the production of Petitioner at the scheduled hearing tomorrow, October 28, 2026, at 11:00AM in Courtroom 6C South before Judge Orelia E. Merchant. The Clerk of Court is directed to mail a copy of this Order and the docket sheet to pro se Plaintiff, to email copies to yaramateo2016@gmail.com, and to note having done so on the docket. Ordered by Judge Orelia E. Merchant on 10/27/2026. (IRW)

Oct 27, 2026

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

#8

Oct 28, 2026

Letter response to Order to Show Cause by Attorney General, Department of Homeland Security, Warden of the MDC Brooklyn (Attachments: # 1 Appendix 1- Velesaca Stipulation and Order, # 2 Exhibit A - Form I-94, # 3 Exhibit B - OREC, # 4 Exhibit C- Form I-200, # 5 Exhibit D- OREC Cancellation, # 6 Exhibit E- Form I-286, # 7 ICE Declaration) (Taveras, Tiffany) (Entered: 10/28/2026)

Oct 28, 2026

Minute Entry for proceedings held before Judge Orelia E. Merchant: Order to Show Cause Hearing held on October 28, 2026. Appearances: Pro se Petitioner, Manuel Alejandro Macero-Morales; AUSA Tiffany Taveras on behalf of Respondents. Nicolas Penchaszadeh a dual sworn staff interpreter, was also present. Case called. Arguments from both parties were heard.With the Petitioner's consent, Respondents are ordered to provide Petitioner with an individualized bond hearing before an Immigration Judge by November 4, 2026. Respondents shall also file a status report confirming that the bond hearing has occurred, noting the outcome of the hearing, and providing any other relevant updates the Court should be aware of.The Clerk of Court is directed to mail a copy of this Minute Entry and the docket sheet to pro se Plaintiff, to email copies to yaramateo2016@gmail.com, and to note having done so on the docket. (Court Reporter: Andronikh Barna.) (TPL)

Oct 28, 2026

Show Cause Hearing

#9

Nov 04, 2026

Extension of Time to File Document

Nov 04, 2026

Order on Motion for Extension of Time to File