Case Activity (1300)

1. Order | Filed: July 10, 2026 | Entered: July 10, 2026 Marin Rosario v. Noem et al

   Habeas Corpus - Alien Detainee | New York Eastern

   Order(Other)

   ORDER GRANTING HABEAS PETITION -- Petitioner is a Venezuelan national who entered the country legally via a tourist visa. Petitioner overstayed the visa. Petitioner was arrested by ICE in February 2026 based on a random license plate check. Thus, the arrest happened, by definition, as the result of a post-hoc administrative warrant that was issued prior to the issuance of an NTA. ICE officers informed the petitioner, as the US Attorney initially informed this Court, that the arrest was based on 8 USC Sec. 1225. The Court released petitioner on his own recognizance following a bail hearing on February 17, 2026. The arrest and detention fail for several reasons. First, petitioner was clearly detained based on the notion that 8 U.S.C. Sec. 1225(b)(2)(A) required his mandatory detention, notwithstanding hundreds of district court determinations rejecting this theory. The Second Circuit's determination in Barbosa da Cunha v. Freden, 175 F.4th 61, 7071 (2d Cir. April 28, 2026) conclusively rejected this theory. Thus, ICE's arrest and detention of petitioner pursuant to 8 U.S.C. Sec. 1225(b)(2)(A) was illegal and "Respondents cannot cure their procedural failures -- the failure to comply with the procedural requirements of § 1226(a) -- by now providing a custody determination, [ ] after arrest." Inestroza Carbajal v. Frazier, No. 26-CV-2778-SJB, 2026 WL 1309265, at *2 (E.D.N.Y. May 12, 2026) (Analysis contained in that decision is incorporated herein by reference.) Second, this Court has previously ruled that a petitioner is entitled to habeas relief where an NTA was issued after the issuance and execution of an I-200 administrative warrant because "an I-200 cannot be used to effectuate an arrest before an NTA has been issued. B.P.S. v. Genalo et al., No. 2:26-cv-2923 (GRB) (E.D.N.Y. May 19, 2026) (citing Yeleshev v. LaRocco, No. 26-CV-2294 (SJB), 2026 WL 1353806, at *2 (E.D.N.Y. May 14, 2026)). Based on the foregoing, the Writ is GRANTED. The Clerk is directed to close the case. Ordered by Judge Gary R. Brown on 7/10/2026. (Brown, Gary)

2. Misc | Filed: July 10, 2026 | Entered: July 10, 2026 Ventura v. Mizhiritsky et al

   Labor: Fair Standards | New York Eastern

   Status Report

   STATUS REPORT by Luis Ventura (Monteiro, Marcus)

3. 1298 additional result(s)