Eastern District of New York • 2:26-cv-07068

#1

Nov 02, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20818740, filed by J.P.B.. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: # 1 Exhibit writ of habeas corpus ad prosequendum, # 2 Exhibit notice of custody at Nassau County Correctional Center, # 3 Exhibit NTA, # 4 Civil Cover Sheet) (Lampert, Alexandra) Modified on 11/3/2026 (LJ). (Entered: 11/02/2026)

#2

Nov 02, 2026

MOTION for Leave to File Document for leave to proceed via pseudonym by J.P.B.. (Attachments: # 1 Proposed Order for leave to proceed via pseudonym) (Lampert, Alexandra) (Entered: 11/02/2026)

#3

Nov 03, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 11/03/2026)

#4

Nov 03, 2026

This attorney case opening filing has been checked for additional quality control. See the attachment for corrections that were made. (LJ) (Entered: 11/03/2026)

#5

Nov 03, 2026

SCHEDULING ORDER In order to preserve the Court's jurisdiction pending final disposition of the 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 Wednesday, November 4, 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 Friday, November 6, 2026. If respondents file a response to the Order to Show Cause, petitioner shall file a reply no later than Tuesday, November 10, 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 11/3/2026. (JAW) (Entered: 11/03/2026)

Nov 03, 2026

Quality Control Check - Summons

Nov 03, 2026

Case Assigned to Judge Natasha C. Merle. 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. (LJ)

Nov 03, 2026

ORDER granting 2 MOTION for Leave to File Document for leave to proceed via pseudonym by J.P.B. -- Upon consideration of the 1 Petition and petitioner's memorandum of law in support of the 2 motion, the Court finds that petitioner's interest in anonymity outweighs the public interest in disclosure and any prejudice to respondents. See Sealed Petitioner v. Sealed Defendant, 537 F.3d 185, 189-90 (2d Cir. 2008). Accordingly, the motion is granted. Ordered by Judge Natasha C. Merle on 11/3/2026. (JAW)

Nov 03, 2026

A 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. (LJ)

Nov 03, 2026

Order on Motion for Leave to File

Nov 03, 2026

Case Assigned/Reassigned

#6

Nov 04, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Kenneth Genalo, Markwayne Mullin, David J. Venturella (Siddiqi, Omar) (Entered: 11/04/2026)

#7

Nov 04, 2026

MEMORANDUM AND ORDER: For the foregoing reasons, the Court holds that petitioners detention violates the INA and the Fifth Amendment Due Process Clause of the United States Constitution. The petition for a writ of habeas corpus is therefore GRANTED. Respondents are directed to release petitioner from custody within 24 hours of this Order and file a letter on the docket no later than 12:00 p.m. on November 6, 2026, certifying their compliance. The Court further orders that petitioner shall not be re-detained without notice and an opportunity to be heard at a pre-deprivation bond hearing before a neutral decisionmaker, where the government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a). For the avoidance of doubt, the Court concludes that petitioner is entitled to release from the unlawful restrictions on his liberty which means, in the circumstances here, restoration of... the status quo ante. Khabazha v. ICE, No. 25-cv-05279, 2025 WL 328 1514, at *89 (S.D.N.Y. Nov. 25, 2025) (ordering government to release petitioner from restrictions on his liberty imposed as a result of his unlawful [detention]... including the ankle monitor and reporting requirements); see also Ccorihuaman, 2026 W L 328983, at *2. This Order includes an injunction barring deprivation of [petitioners] rights without the requisite procedural protections. Khabazha, 2025 WL 3281514, at *8; see also Ccorihuaman, 2026 WL 328983, at *2. Should the petitioner seek an award of reasonable fees and costs under the Equal Access to Justice Act, he may file a letter application on the docket within thirty days of this Order. The Clerk of Court is respectfully directed to enter judgment consistent with the Order and close the case. Ordered by Judge Natasha C. Merle on 11/4/2026. (ENE)

#8

Nov 05, 2026

Letter

#9

Nov 05, 2026

Judgment - Clerk