Eastern District of New York • 1:26-cv-06643

#1

Oct 22, 2026

PETITION for Writ of Habeas Corpus, filed by Jose Vicario Toribio. (Attachments: # 1 Civil Cover Sheet) (KAD) (Entered: 10/22/2026)

#2

Oct 22, 2026

SCHEDULING ORDER: In order to preserve the Court's jurisdiction pending final disposition of the 1 Petition, respondents are ENJOINED from moving petitioner to a location outside the Eastern District of New York, the Southern District of New York, or the District of New Jersey absent further order of this Court. Respondents shall submit a letter, by Monday, October 26, 2026, stating whether the Second Circuit's decision in Barbosa Da Cunha v. Freden, No. 25-3141 (2d Cir. Apr. 28, 2026) controls, or whether otherwise there is any material basis to distinguish the instant case from this Court's prior decisions in Y- C- v. Genalo, No. 25-cv-06558, 2025 WL 3653496 (E.D.N.Y. Dec. 17, 2025), Crespo Tacuri v. Genalo, No. 25-cv-06896, 2026 WL 35569 (E.D.N.Y. Jan. 6, 2026), Terrero v. Tsoukaris, No. 26-cv-00869, 2026 WL 607917 (E.D.N.Y. Mar. 4, 2026), Meza v. Francis, No. 26-cv-02722, 2026 WL 1734903 (E.D.N.Y. June 16, 2026), R.S.J.R. v. Mullin, No. 26-cv-03611, ECF No. 9 (E.D.N.Y. June 23, 2026), Menjivar v. Genalo, No. 26-cv-02506, ECF No. 16 (E.D.N.Y. June 12, 2026), or any other decision of this Court. If respondents take the position that the present case is controlled by Barbosa Da Cunha and/or is not materially different from one or more of the Court's prior decisions, respondents shall further state whether respondents consent to the issuance of the writ, and petitioner's immediate release, subject to preservation of respondents' arguments for appeal. If respondents take the position that the present case is not controlled by Barbosa Da Cunha or any of the Court's prior decisions, respondents are ordered to show cause, in writing, as to why the relief sought in the Petition should not be granted and otherwise respond to the factual and legal assertions in the Petition no later than Wednesday, October 28, 2026. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than Wednesday, November 4, 2026. The Clerk of the Court is respectfully directed to deliver a copy of this Order and the Petition to the U.S. Attorney's Office at Richard.Hayes@usdoj.gov. ORDER ATTACHED. Ordered by Judge Natasha C. Merle on 10/22/2026. (JAW) (Entered: 10/22/2026)

#3

Oct 23, 2026

WRIT OF HABEAS CORPUS FILING FEE: $ 5.00, receipt number 100029000. (MAA) (Entered: 10/23/2026)

#4

Oct 23, 2026

NOTICE of Appearance by Christopher John Byrne on behalf of Warden of MDC Brooklyn (aty to be noticed) (Byrne, Christopher) (Entered: 10/23/2026)

#5

Oct 23, 2026

DECLARATION of Service of Respondents' Notice of Appearance upon Petitioner by Warden of MDC Brooklyn (Byrne, Christopher) (Entered: 10/23/2026)

#6

Oct 28, 2026

Reply in Opposition

#7

Oct 28, 2026

Declaration

Oct 28, 2026

Order(Other)

Oct 29, 2026

ORDER re 6 Reply in Opposition filed by Warden of MDC Brooklyn -- The Court is in receipt of respondents' 6 REPLY in Opposition. Although "ICE has no telephone number for [petitioner]," ECF No. 6 at 1 n.1, the petition alleges that ICE officers "entrapped" petitioner by "luring [him] outside [his] home" while "pretending to be social worker assisting [his] children." ECF No. 1 at 7. The fact that petitioner was arrested outside his home, let alone in the way he describes, indicates that ICE should have a record of his address. Respondents are therefore directed to obtain petitioner's address and mail him a letter requesting that he file a letter with the Court by November 30, 2026 confirming his release from custody, stating his position on respondents' request for dismissal of the petition, along with this Court order. Respondents shall file proof of service of their letter to petitioner on or before November 6, 2026. Ordered by Judge Natasha C. Merle on 10/29/2026. (AG)

Oct 29, 2026

Order(Other)

#8

Oct 30, 2026

DECLARATION of Service of Letter Advising Petitioner of the Court's October 29 Order by Warden of MDC Brooklyn (Byrne, Christopher) (Entered: 10/30/2026)