Southern District of New York • 1:26-cv-03136
Fuenmayor Ochoa v. Mullin
Completed
Case Information
Filed: April 16, 2026
Assigned to:
Jennifer L. Rochon
Referred to:
—
Nature of Suit: Habeas Corpus (General)
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Completed: September 11, 2026
Last Activity:
September 11, 2026
Docket Entries
#1
Apr 16, 2026
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32712530) Request for emergency relief to be separately filed..Document filed by Eduardo Jose Fuenmayor Ochoa..(Baltimore, Beth) Modified on 4/17/2026 (jgo). (Entered: 04/16/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Apr 16, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Request for emergency relief to be separately filed..Document filed by Eduardo Jose Fuenmayor Ochoa..(Baltimore, Beth) (Entered: 04/16/2026)
#3
Apr 16, 2026
FIRST MOTION to Seal Exhibits A-E. Document filed by Eduardo Jose Fuenmayor Ochoa. (Attachments: # 1 Exhibit Detainee Locator, # 2 Exhibit OTIP Letter, # 3 Exhibit Young Center Best Interest Determination, # 4 Exhibit Attorney Declaration, # 5 Exhibit Post-18 Discharge Plan).(Baltimore, Beth) (Entered: 04/16/2026)
#6
Apr 16, 2026
ORDER: Before the Court is Petitioner Eduardo Jose Fuenmayor Ochoa's petition for a writ of habeas corpus under 28 U.S.C. section 2241. (Docket entry no. 2 ("Petition").) The Court, having examined the Petition, and in its Part I capacity, hereby ORDERS that: 1. Within two business days of the date of this Order, the Respondents shall file a letter with the following information: as further set forth herein. 2. Within three business days of the date of this Order, the Respondents shall file a memorandum in opposition as to why the Petition should not be granted. 3. Within ten business days of the date of this Order, Petitioner shall file any reply to the Respondents' memorandum in opposition. 4. To preserve the Court's jurisdiction pending a ruling on the Petition, Petitioner shall not be removed from the United States without an order by this Court allowing such removal. See, e.g., M.K. v. Joyce, No. 25-cv-1935-JMF, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025); Garcia-Izquierdo v.Gartner, No. 04-cv-7377-RCC, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17,2004). 5. To facilitate resolution of the Petition, 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. See, e.g., Perez y Perez v. Noem, No. 25-cv-4828-DEH, 2025 WL 1908284, at *2-3 (S.D.N.Y. June 13, 2025). 6. This Order shall remain in effect unless and until it is vacated or modified. The Clerk of Court is respectfully directed to electronically notify the CivilDivision of the U.S. Attorney's Office for the Southern District of New York of this Order. SO ORDERED. (Signed by Judge Laura Taylor Swain PART I on 4/16/2026) (vfr) Modified on 4/17/2026 (vfr). (Entered: 04/17/2026)
#7
Apr 16, 2026
ORDER granting 3 Motion to Seal. Petitioner Eduardo Jose Fuenmayor Ochoa has requested leave to file exhibits under seal in support of his petition for a writ of habeas corpus. (See docket entry no. 3.) Those exhibits, however, were placed on the public docket. The Clerk of Court is therefore respectfully directed to temporarily maintain docket entries 3-1 to 3-5 under seal, pending an application for sealed filing that complies with the relevant ECF procedures and further order of the Court. SO ORDERED. (Signed by Judge Laura Taylor Swain PART I on 4/16/2026) (vfr) (Entered: 04/17/2026)
#4
Apr 17, 2026
CIVIL COVER SHEET filed..(Baltimore, Beth) (Entered: 04/17/2026)
Main Document:
Civil Cover Sheet
#5
Apr 17, 2026
NOTICE OF APPEARANCE by Tudor M Neagu on behalf of Paul Arteta, Todd Blanche, William Joyce, Robert F. Kennedy, Jr., Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement, U.S. Office of Refugee Resettlement..(Neagu, Tudor) (Entered: 04/17/2026)
Main Document:
Notice of Appearance
#8
Apr 17, 2026
ORDER TO ANSWER: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. By April 20, 2026, Respondents shall file a letter with the Court with the information described in this order. Respondents shall file an answer to the Petition by April 22, 2026. Petitioner shall file any reply by April 27, 2026. The matter shall be heard by the Court on April 29, 2026 at 9:00 a.m. in the Daniel Patrick Moynihan United States Courthouse, Courtroom 20B, 500 Pearl Street, New York, NY 10007. Respondents shall produce Petitioner at the conference. SO ORDERED (Signed by Judge Jennifer L. Rochon on 4/17/2026) Paul Arteta answer due 4/22/2026; Todd Blanche answer due 4/22/2026; William Joyce answer due 4/22/2026; Robert F. Kennedy, Jr. answer due 4/22/2026; Todd Lyons answer due 4/22/2026; Markwayne Mullin answer due 4/22/2026; Angie Salazar answer due 4/22/2026; U.S. Department of Health and Human Services answer due 4/22/2026; U.S. Immigration and Customs Enforcement answer due 4/22/2026; U.S. Office of Refugee Resettlement answer due 4/22/2026.( Replies due by 4/27/2026., Status Conference set for 4/29/2026 at 09:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (ks) (Entered: 04/17/2026)
Main Document:
Order to Answer AND ~Util - Set Deadlines/Hearings
#9
Apr 17, 2026
NOTICE OF APPEARANCE by Jamie Erin Kessler on behalf of Eduardo Jose Fuenmayor Ochoa..(Kessler, Jamie) (Entered: 04/17/2026)
Main Document:
Notice of Appearance
#10
Apr 17, 2026
NOTICE OF APPEARANCE by Lauren Tahiya Fouda on behalf of Eduardo Jose Fuenmayor Ochoa..(Fouda, Lauren) (Entered: 04/17/2026)
Main Document:
Notice of Appearance
Apr 17, 2026
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Beth Dworkin Baltimore to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the Courthouse Assignment code was not selected; the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated December 2025. The S.D.N.Y. Civil Cover Sheet dated December 2025 is located athttp://nysd.uscourts.gov/forms/civil-cover-sheet-2.. (jgo)
Apr 17, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Beth Dworkin Baltimore. The party information for the following party/parties has been modified: Markwayne Mullin; Todd Blanche; Todd M. Lyons; William Joyce; Robert A. Kennedy; Angie Salazar; Paul Arteta; U.S. Department of Homeland Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
Apr 17, 2026
Case Designated ECF. (jgo)
Apr 17, 2026
Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may 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. (jgo)
Apr 17, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Apr 17, 2026
Notice to Attorney Regarding Party Modification
Apr 17, 2026
Notice to Attorney Regarding Deficient Civil Cover Sheet
Apr 17, 2026
Case Opening Initial Assignment Notice
#11
Apr 20, 2026
LETTER addressed to Judge Jennifer L. Rochon from Tudor Neagu dated April 20, 2026 re: Answers to Court's Questions. Document filed by Paul Arteta, Todd Blanche, William Joyce, Robert F. Kennedy, Jr., Todd Lyons, Markwayne Mullin, Angie Salazar, U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement, U.S. Office of Refugee Resettlement. (Attachments: # 1 Supplement Age-Out Worksheet).(Neagu, Tudor) (Entered: 04/20/2026)
#12
Apr 21, 2026
ORDER : The Court shall temporarily suspend the parties' briefing schedule and the hearing set for April 29, 2026, in this matter. Instead, by April 24, 2026, Petitioner shall submit a letter response, not to exceed three pages, addressing Respondents' argument as to the appropriate remedy in this case. Petitioner's letter shall include whether there is any basis to distinguish this case from this Court's decision in Guedez v. Catletti, No. 26-cv-02463 (JLR), 2026 WL 962575 (S.D.N.Y. Apr. 9, 2026). SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/21/26) (yv) (Entered: 04/21/2026)
#13
Apr 24, 2026
LETTER addressed to Judge Jennifer L. Rochon from Jamie Kessler dated 04/24/2026 re: Reply Letter - Fuenmayor Ochoa v. Mullins, et al., (26 Civ. 3136 (JLR). Document filed by Eduardo Jose Fuenmayor Ochoa. (Attachments: # 1 Exhibit EXHBIT A_DECLARATION OF JESSICA CORNEJO-MERCADO, ESQ. SUPERVISING ATTORNEY, THE DOORS LEGAL SERVICES CENTER, # 2 Exhibit EXHIBIT B_2nd YOUNG CENTER CHILD BEST INTEREST DETERMINATION LETTER).(Kessler, Jamie) (Entered: 04/24/2026)
#14
Apr 24, 2026
LETTER MOTION to File Amicus Brief addressed to Judge Jennifer L. Rochon. Document filed by Eduardo Jose Fuenmayor Ochoa. (Attachments: # 1 Exhibit A - Amici Curiae Brief).(Rosenfeld, Katherine) (Entered: 04/24/2026)
#15
Apr 24, 2026
NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Children's Defense Fund..(Rosenfeld, Katherine) (Entered: 04/24/2026)
Main Document:
Notice of Appearance
#16
Apr 29, 2026
MEMORANDUM OPINION AND ORDER re: 14 LETTER MOTION to File Amicus Brief addressed to Judge Jennifer L. Rochon. filed by Eduardo Jose Fuenmayor Ochoa.Therefore, the Court GRANTS Petitioner's habeas petition to the extent he seeks a bond hearing. Given Petitioner's age, and in light of Petitioner's prior ORR detention as a youth and the issues arising from youth detention as outlined by amici, see generally Dkt. 14-1, that bond hearing shall be held expeditiously. By May 4, 2026, the immigration court must either (1) hold a bond hearing at which the government bears the burden of proving, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk, or (2) release Petitioner. In determining whether to grant bond, the immigration judge must consider the availability of alternative conditions of release; in determining the amount of any bond imposed, the immigration judge shall consider the Petitioner's ability to pay. The petition is otherwise DENIED, and Petitioner's motion for release pending adjudication of his petition under Mapp v. Reno is DENIED as MOOT. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 4/29/2026) (jjc) (Entered: 04/29/2026)
#17
Sep 09, 2026
FIRST LETTER addressed to Judge Jennifer L. Rochon from Beth Baltimore dated 09/09/2026 re: Joint Letter to Close Case: Fuenmayor Ochoa v. Mullins, et al., (26 Civ. 3136). Document filed by Eduardo Jose Fuenmayor Ochoa..(Baltimore, Beth) (Entered: 09/09/2026)
#18
Sep 10, 2026
MEMO ENDORSEMENT on re: 17 Letter filed by Eduardo Jose Fuenmayor Ochoa. ENDORSEMENT: Request GRANTED. The Clerk of Court is respectfully directed to enter judgment for Petitioner and CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/9/2026) (jjc) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/10/2026)
Main Document:
Memo Endorsement
#19
Sep 11, 2026
CLERK'S JUDGMENT re: 18 Memo Endorsement in favor of Eduardo Jose Fuenmayor Ochoa against U.S. Department of Health and Human Services, U.S. Immigration and Customs Enforcement, U.S. Office of Refugee Resettlement, Angie Salazar, Markwayne M ullin, Paul Arteta, Robert F. Kennedy, Jr., Todd Blanche, Todd Lyons, William Joyce. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Endorsed Order dated September 10, 2026, judgment is entered for Petitioner; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 9/11/2026) (Attachments: # 1 Appeal Package) (km)