Case: Lopez Benitez v. Francis

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31404270)Document filed by Carlos Javier Lopez Benitez. (Attachments: # 1 Exhibit ICE Detainee Locator).(Austin, Paige) (Entered: 07/18/2025)

CIVIL COVER SHEET filed..(Austin, Paige) (Entered: 07/21/2025)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Harold A. Solis on behalf of Carlos Javier Lopez Benitez.(Solis, Harold) (Entered: 07/21/2025)

ORDER TO SHOW CAUSE: This case has been assigned to me for all purposes. On July 18, 2025, Petitioner filed a Petition for Writ of Habeas Corpus. See ECF No. 1. Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Tuesday, July 22, 2025. Petitioner's Reply, if any, shall be filed by Wednesday, July 23, 2025, by 5:00 p.m. ET. See U.S.C. § 2243. The parties are further ORDERED to appear before this Court for a hearing on the petition on Thursday, July 24, 2025, at 10:00 a.m. ET. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: [633 689 363], followed by the pound (#) sign. As further set forth in this Order. By July 21, 2025, at 5:00 p.m., Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by e-mail to the United States Attorney's Office for the Southern District of New York and by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. (Signed by Judge Dale E. Ho on 7/21/2025) ( Replies due by 7/23/2025.) Show Cause Hearing set for 7/24/2025 at 10:00 AM before Judge Dale E. Ho. (ks) (Entered: 07/21/2025)

AFFIDAVIT OF SERVICE of Petition and Exhibit; Order to Show Cause Dated July 21, 2025 served on LaDeon Francis, Kristi Noem, Pam Bondi & US Attorney's Office on 07/21/2025. Service was made by MAIL. Document filed by Carlos Javier Lopez Benitez..(Austin, Paige) (Entered: 07/21/2025)

LETTER MOTION for Extension of Time to Respond to Petition and to Adjourn Hearing addressed to Judge Dale E. Ho from Dana Walsh Kumar dated July 21, 2025. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Kumar, Dana) (Entered: 07/21/2025)

Notice to Attorney Regarding Party Modification

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designated ECF. (jgo)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paige Austin. The party information for the following party/parties has been modified: LaDeon Francis; Kristi Noem; Pam Bondi. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)

ORDER granting 6 Letter Motion for Extension of Time. Application GRANTED. Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Thursday, July 24, 2025. Petitioner's Reply, if any, shall be filed by Friday, July 25, 2025. If necessary, the parties shall appear before this Court for a hearing on the petition on Monday, July 28, 2025, at 11:00 a.m. ET. The conference will be held via Microsoft Teams. The parties should dial in by calling (646) 453-4442 and entering the Phone Conference ID: [633 689 363], followed by the pound (#) sign. The Court is aware that Petitioner is not currently being detained in this District. See Online Detainee Locator System, Dep't of Homeland Sec., https://locator.ice.gov. The parties are directed to address in their briefs what relief, if any, the Court can or should order with respect to the Petitioner's location. The Clerk of Court is respectfully directed to terminate ECF No. 6. SO ORDERED.. (Signed by Judge Dale E. Ho on 7/22/2025) (ks) (Entered: 07/22/2025)

Set/Reset Deadlines: ( Replies due by 7/25/2025.), Set/Reset Hearings:( Telephone Conference set for 7/28/2025 at 11:00 AM before Judge Dale E. Ho.) (ks)

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus . Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Kumar, Dana) (Entered: 07/24/2025)

DECLARATION of Jun Ho Oh in Opposition re: 1 Petition for Writ of Habeas Corpus. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem. (Attachments: # 1 Exhibit A - I-200 (2023), # 2 Exhibit B - NTA, # 3 Exhibit C - I-286, # 4 Exhibit D - I-200 (2025)).(Kumar, Dana) (Entered: 07/24/2025)

REPLY to ECF No. 8, MEMORANDUM OF LAW in Opposition to Petition for Writ of Habeas Corpus.. Document filed by Carlos Javier Lopez Benitez..(Solis, Harold) (Entered: 07/25/2025)

Pretrial Conference - Initial

Minute Entry for proceedings held before Judge Dale E. Ho: Initial Pretrial Conference held via Microsoft Teams Teleconference on 7/28/2025. Counsel Harold A. Solis and Paige Austin present on behalf of Petitioner. Counsel Dana Walsh Kumar present on behalf of Respondents. Court reporter present. As stated on the record at a hearing held on July 28, 2025, Petitioner Lopez Benitez's petition, see ECF No. 1, is GRANTED. Respondents are ORDERED to transport Petitioner Lopez Benitez (A Number 240-425-738) back to the Southern District of New York by Thursday, July 31, 2025, and immediately upon effectuating his transfer, shall release Petitioner Lopez Benitez from custody. By August 1, 2025, Respondents shall certify compliance with the Court's order by a filing on the docket. SO ORDERED. (Written opinion to follow.) (nm)

LETTER addressed to Judge Dale E. Ho from Dana Walsh Kumar dated August 1, 2025 re: Compliance with Court's Order. Document filed by Pam Bondi, LaDeon Francis, Kristi Noem..(Kumar, Dana) (Entered: 08/01/2025)

TRANSCRIPT of Proceedings re: MOTION held on 7/28/2025 before Judge Dale E. Ho. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2025. Redacted Transcript Deadline set for 9/8/2025. Release of Transcript Restriction set for 11/4/2025..(McGuirk, Kelly) (Entered: 08/06/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 7/28/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 08/06/2025)

***STRICKEN DOCUMENT. Document number 14 stricken from the case record. The document was stricken from this case pursuant to 16 Amended Opinion and Order. OPINION AND ORDER: For the reasons stated above, Mr. Lopez Benitez's Petition, ECF No. 1, is GRANTED. As stated orally during the hearing, the Court ORDERED Respondents to transport Mr. Lopez Benitez (A Number 240-425-738) back to the Southern District of New York by Thursday, July 31, 2025, and immediately upon effectuating his transfer, to release Mr. Lopez Benitez from custody; and further, to certify compliance with the Court's order by a filing on the docket. On August 1, 2025, Respondents confirmed that Mr. Lopez Benitez was released from custody on July 31, 2025, in accordance with the Court's order. See August 1, 2025 Letter. The Clerk of Court is respectfully directed to terminate the case. SO ORDERED. (Signed by Judge Dale E. Ho on 8/8/2025) (ks) Transmission to Orders and Judgments Clerk for processing. Modified on 8/14/2025 (tro). (Entered: 08/08/2025)

CLERK'S JUDGMENT re: 14 Memorandum & Opinion in favor of Carlos Javier Lopez Benitez against Kristi Noem, LaDeon Francis, Pam Bondi. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 8, 2025, Mr. Lopez Benitez's Petition, ECF No. 1, is GRANTED. As stated orally during the hearing, the Court ORDERED Respondents to transport Mr. Lopez Benitez (A Number 240-425-738) back to the Southern District of New York by Thursday, July 31, 2025, and immediately upon effectuating his transfer, to release Mr. Lopez Benitez from custody; and further, to certify compliance with the Court's order by a filing on the docket. On August 1, 2025, Respondents confirmed that Mr. Lopez Benitez was released from custody on July 31, 2025, in accordance with the Courts order; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 8/11/2025) (Attachments: # 1 Appeal Package) (km) (Entered: 08/11/2025)

AMENDED OPINION AND ORDER: For the reasons stated above, Mr. Lopez Benitez's Petition, ECF No. 1, is GRANTED. As stated orally during the hearing, the Court ORDERED Respondents to transport Mr. Lopez Benitez (A Number 240-425-738) back to t he Southern District of New York by Thursday, July 31, 2025, and immediately upon effectuating his transfer, to release Mr. Lopez Benitez from custody; and further, to certify compliance with the Court's order by a filing on the docket. On Au gust 1, 2025, Respondents confirmed that Mr. Lopez Benitez was released from custody on July 31, 2025, in accordance with the Court's order. See August 1, 2025 Letter. The Clerk of Court is respectfully directed to terminate the case. The Clerk of Court is further respectfully directed to strike ECF No. 14 from the docket. (Signed by Judge Dale E. Ho on 8/13/2025) (tro) Transmission to Orders and Judgments Clerk for processing.