Leybinsky v. ICE; Pierrilus v. ICE; Remy v. Chadbourne; J.M.P. v. Arteta
Opinion
es 2 ee ee 2 ae ee Ho NYSD Chambers From: Schwartz, Tara (USANYS)
- EXTERNAL:
Ho, Office represents the government in this action. | write respectfully on behalf of the parties to notify Court that ICE released petitioner from custody around 2:00 pm this afternoon. aresult, the government withdraws its emergency motion to modify the court’s order enjoining ICE transferring petitioner out of the SDNY, EDNY, and DNJ. ECF No. 9. The government respectfully submits that since the petitioner has been released, this action is moot, and, therefore, the Court should adjourn the conference scheduled for 4:00pm today. See, e.g., Leybinsky v. ICE, 553 F. App’x 108 (2d Cir. 2014) (habeas petition moot upon petitioner’s release from ICE custody); Pierrilus v. ICE, 293 F. App’x 78, 79 (2d Cir. 2008) (“[P]etitioner’s challenge to the length of his detention is moot as a result of his release DHS custody.”); Remy v. Chadbourne, 184 F. App’x 79, 80 (2d Cir. 2006) (dismissing as moot an appeal from dismissal of a habeas petition challenging detention where ICE released the alien from detention during the appeal). Petitioner believes that neither the petition nor pending motion for release under Mapp v. Reno are mooted by his release, because petitioner could be re-detained during the pendency of this petition necessary due process protections, and thus that the conference should proceed as scheduled. See, e.g., J.M.P. v. Arteta, 807 F. Supp. 3d 265, 286-87 (S.D.N.Y. 2025)(“It is well settled that ‘a defendant’s voluntary cessation of a challenged practice does not deprive a federal court of its power to determine the legality of the practice.’” (quoting Friends of the Earth, Inc. v. Laidlaw Env't Servs. (TOC), Inc., 528 U.S. 167, 189 (2000)). Nevertheless, given petitioner’s release, petitioner withdraws his motion to direct respondents to produce him at the 4pm conference today, which the court has already ordered. Based on the representation that Petitioner has been released, you for your attention to this matter. the hearing scheduled for this afternoon is CANCELLED. The motions for transfer and release are hereby DENIED AS MOOT. All other deadlines and hearings remain as previously scheduled. The Clerk of Court is respectfully Schwartz directed to terminate ECF Nos. 9 and 10. United States Attorney Southern District of New York —— 86 Chambers Street SO ORDERED. New York, NY 10007 Dale E. Ho Office: (212) 637-2633 United States District Judge 1 Dated: June 5. 2026
Cell: (646) 341-3711
From: Ho NYSD Chambers
From: Alexandra Lampert
you for the notice. We would respectfully request if possible that Petitioner—who we understand is stilllocated at 26 Federal Plaza—be produced for the hearing. Best,
Lampert (she/her) Director, New York Immigrant Family Unity Project Brooklyn Defender Services 177 Livingston St, 7th Floor | Brooklyn, NY 11201 (347) 977-7701 ©) Defenders From: Ho NYSD Chambers
Ho has been assigned this case temporarily in his capacity as Part | Duty Judge. As docketed shortly and attached, the Court issued an order scheduling an emergency hearing for today at 4:00 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square. Sincerely, Chambers of Judge Ho
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Leybinsky v. ICE; Pierrilus v. ICE; Remy v. Chadbourne; J.M.P. v. Arteta (Leybinsky v. ICE; Pierrilus v. ICE; Remy v. Chadbourne; J.M.P. v. Arteta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.