Cesar Montoya Quintero v. Todd Lyons, et al.

Opinion

UNITED STATES DISTRICT COURT ELECTRONICALLY FILED DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 8/3/2026 ----------------------------------------------------------------- X : CESAR MONTOYA QUINTERO, : : Petitioner, : 1:26-cv-6605-GHW : -v- : ORDER : TODD LYONS, et al., : : Respondents. : : ----------------------------------------------------------------- X GREGORY H. WOODS, United States District Judge: Petitioner has, through next friend Richard Mendez, filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that within two business days of the date of this order, Respondents shall file a letter with the following information: a. whether Petitioner was, as the Petition alleges, see ECF No. 1, ¶ 1, located in the Southern District of New York at the time that the Petition was filed and, if not, what District Petitioner was in at the time of filing and whether the Petition should be immediately transferred to that District, see, e.g., Öztürk v. Hyde, 136 F.4th 382, 391-92 (2d Cir. 2025); Khalil v. Joyce, 771 F. Supp. 3d 268 (S.D.N.Y. 2025); b. Petitioner’s A-number, current place of detention, and a contact person who can facilitate prospective counsel’s access to Petitioner; c. the statutory provision(s) under which Respondents assert the authority to detain Petitioner; d. If the asserted basis for Petitioner’s detention is 8 U.S.C. § 1225(b)(2)(A), whether there is any basis to distinguish this case from Cunha v. Freden, No. 25-3141-PR, 2026 WL 1146044 (2d Cir. Apr. 28, 2026); e. a copy of any final order of removal; and f. any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings. Upon receipt of Respondents’ letter, the Court will issue a briefing schedule as appropriate. Moreover, in light of Petitioner’s interests in participating in further proceedings before this Court and to facilitate resolution of the Petition and Petitioner’s communications with counsel, Respondents shall not transfer Petitioner 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) (enjoining a habeas petitioner’s transfer pending

adjudication of his petition); see also, e.g., Arostegui-Maldonado v. Baltazar, No. 25-CV-2205 (WJM) (STV), 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v. Kaiser, No. 25-CV- 7117 (BLF), 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same). All communications with the Court by a pro se party should be filed with the Pro Se Intake Unit by either (1) emailing the communication as an attachment in PDF format to ProSe@nysd.uscourts.gov (for instructions, see https://nysd.uscourts.gov/forms/instructions- filing-documents-email); (2) mailing the communication to the Pro Se Intake Unit, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007; or (3) hand-delivering the communication to the Pro Se Intake Unit. No documents or court filings should be sent directly to Chambers. Copies of correspondence between a pro se party and counsel shall not be sent to the Court. CONCLUSION 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. Within two business days of the date of this order, Respondents shall file a letter with the Court with the information described in this order.

2 The Court directs the Clerk of Court to mail a copy of this order to Petitioner at the address listed on the docket sheet for this action and to email a copy of this order to next friend Richard Mendez at the address sted on the docket. Richard Mendez may receive court documents by email by completing the form, Consent to Electronic Service.' ‘The Court also directs the Clerk of Court to mail Petitioner and email next friend Richard Mendez an information package. SO ORDERED. Dated: August 3, 2026

United States District Judge

' For more information about consenting to electronic service, please review the court’s Instructions. If Richard Mendez consents to recetve documents by email, Richard Mendez will no longer receive court documents by regular mail.