Eastern District of New York • 1:26-cv-07035

#1

Nov 02, 2026

PETITION for Writ of Habeas Corpus, filed by Walter Fredy Juarez Marroquin. (Attachments: # 1 Civil Cover Sheet) (CV) (Entered: 11/02/2026)

#2

Nov 02, 2026

FILING FEE: $ 5.00, receipt number 100029141 (CV) (Entered: 11/02/2026)

Nov 02, 2026

Order to Show Cause (463)

Nov 02, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorney's Office re ECF No. 1 Petition for Writ of Habeas Corpus, filed by Walter Fredy Juarez Marroquin. The United States Attorney, as attorney for Respondents, is directed to show cause by 4:00 p.m. on November 5, 2026, in writing, why the petition should not be granted, and why Respondents should not be ordered to immediately release Petitioner from detention, in light of the Second Circuit's holding in Barbosa da Cunha v. Freden, 175 F.4th 61, 96 (2d Cir. 2026). The government shall also address whether Petitioner is being detained pursuant to 8 U.S.C. § 1225 or § 1226.If the government's position is that Petitioner was and continues to be properly detained under § 1226, it shall show cause as to why the petition should not be granted given this Court's decision in Quille v. Blanche, No. 26-cv-2818, 2026 WL 1453889 (E.D.N.Y. May 22, 2026).Alternatively, the government may waive its rights to a response and submit a letter or otherwise consent to Petitioner's release without prejudice to its rights on appeal.If the government chooses to file a response, counsel for Respondents must serve a copy of the response on Petitioner, with proof of such service to the Clerk of this Court. As part of its response, the government is directed to file, under seal if necessary, any records, documents, or other information in Petitioner's immigration file, as well as any underlying records relied upon in its submission not yet filed by Petitioner, and records indicating whether any property was seized from Petitioner at the time of arrest.If the government files a response, Petitioner is directed to file his reply, if any, by 4:00 p.m. on November 9, 2026, with proof of service.Service of a copy of this order, together with a copy of the petition, will be made by the Clerk of this Court through the electronic case filing system to the United States Attorney.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. See, e.g., Kuprashvili v. Flanagan, No. 25-cv-5268, 2025 WL 2382059 (S.D.N.Y. June 30, 2025) (collecting cases staying removal to maintain the status quo). Additionally, in light of Petitioner's interest in participating in further proceedings before this Court and maintaining adequate access to legal counsel throughout these proceedings, Petitioner shall not be transferred to a facility outside of this District or the Southern District of New York. See Samb v. Joyce, No. 25-cv-6373, ECF No. 3 (S.D.N.Y. Aug. 4, 2025). Ordered by Judge Hector Gonzalez on 11/2/2026. (BSS)

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Nov 05, 2026

Response to Order to Show Cause

#4

Nov 05, 2026

Certificate of Service