Case: Clarke v. Nassau County Correctional Center

Clarke v. U.S. Department of Homeland Security

First PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19701771, filed by ERRON ANTHONY CLARKE. (Kelman, Lorne) (Entered: 12/08/2025)

Civil Cover Sheet.. by ERRON ANTHONY CLARKE (Kelman, Lorne) (Entered: 12/08/2025)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 12/08/2025)

Civil Cover Sheet.. by Erron Anthony Clarke (Kelman, Lorne) (Entered: 12/08/2025)

Notice: Re: Incomplete Civil Cover Sheet

Case Assigned/Reassigned

Quality Control Check - Summons

Order to Show Cause (Federal)

Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet specifically you are missing the second page of the civil cover sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SMF)

Case Assigned to Judge Gary R. Brown. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SMF)

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office Show Cause Hearing set for 12/11/2025 12:00 PM in Courtroom 940 before Judge Gary R. Brown. Show Cause Response due by 12/10/2025. Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by December 10, 2025. Petitioner's Reply, if any, shall be filed by December 11, 2025 by 10:00 a.m. The parties are further ORDERED TO appear before this Court for a hearing on the petition on December 11, 2025 at 12:00 PM. The hearing will be held in Courtroom 940 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. Petitioner shall be produced in Court at that time. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction").Additionally, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents "from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States"); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent "from transferring Petitioner to another detention facility during the pendency of the stay"); 28 U.S.C. § 1651(a) (empowering courts to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law").The Clerk is directed to serve a copy of this order electronically upon the Chiefs of the Civil Division and the Long Island Civil Division of the United States Attorney's Office forthwith. An attorney of the United States Attorney's Office should be appointed forthwith to ensure compliance with the Court's orders contained herein. Ordered by Judge Gary R. Brown on 12/8/2025. (Brown, Gary)

Letter Response to the Court's Supplemental Order of December 9, 2025 by U.S. Department of Homeland Security (Hayes, Richard) (Entered: 12/09/2025)

EXHIBIT in support of Habeas by Erron Anthony Clarke. Related document: 1 Petition for Writ of Habeas Corpus filed by Erron Anthony Clarke. (Kelman, Lorne) (Entered: 12/09/2025)

ORDER: This case (Please See Order For Further Details), in many important respects, bears similarity to several recent decision in which district judges in this Court and the Southern District of New York have grappled with arrests by DHS which ran afoul of Due Process protections, statutes and regulations. Gopie v. Lyons, No. 25-CV-05229-SJB, 2025 WL 3167130, at *1 (E.D.N.Y. Nov. 13, 2025) (issuing writ for legal resident improvidently arrested and detained); Huang v. Almodovar et al., No. 25 CIV. 9346 (DEH), 2025 WL 3295912, at *4 (S.D.N.Y. Nov. 26, 2025) (ordering release of Petitioner, who entered country without legal status, and enjoined future detention under certain circumstances). Judge Bulsara's decision in Gopie offers a precise, detailed review of the applicable provisions governing arrests by immigration authorities, which is incorporated herein by reference. Based on this analysis, as part of its response to the pending Order to Show Cause, counsel for Respondents shall provide documentation relating to the following: SEE ORDER FOR FURTHER DETAILS. So Ordered by Judge Gary R. Brown on 12/9/2025. (GO) (Entered: 12/09/2025)

Order(Other)

SUPPLEMENTAL SHOW CAUSE ORDER - Upon further review of the petition, based upon the information contained therein, it appears petitioner was admitted to the United States with a valid visa in 2018, subsequently married a U.S. citizen and has no record of criminal activity, violence or drug-related activities. It also appears that the EOIR has improperly refused to conduct a bail proceeding concerning petitioner. As such, the Government shall file a written submission via ECF by 3 p.m. today indicating whether it has any cause to oppose petitioner's release on bail pending resolution of the petition. See Mapp v. Reno, 241 F.3d 221, 223 (2d Cir. 2001)("federal courts have the same inherent authority to admit habeas petitioners to bail in the immigration context as they do in criminal habeas cases"). Petitioner's counsel may also file by 3 p.m. any additional materials that bear on petitioner's suitability for release on bail pending resolution of the petition. Ordered by Judge Gary R. Brown on 12/9/2025. (Brown, Gary)

NOTICE of Appearance by Richard K. Hayes on behalf of Executive Office For Immigration Review, U.S. Department of Homeland Security (aty to be noticed) (Hayes, Richard) (Entered: 12/10/2025)

Letter Response In Further Response to the Petition and the Court's Orders by U.S. Department of Homeland Security (Attachments: # 1 Affidavit) (Hayes, Richard) (Entered: 12/10/2025)

Second set of EXHIBITS by Erron Anthony Clarke. Related document: 1 Petition for Writ of Habeas Corpus filed by Erron Anthony Clarke. (KM) (Entered: 12/15/2025)

SEALED DOCUMENTS ORDER Setting Conditions of Release and Bond: It is hereby ORDERED that the above-named defendant be released subject to the Conditions of Release below and: Upon Bond executed by the defendant in the amount of $10,000.00 which shall be unsecured; cosigned by financially responsible sureties. Release of the deft. is hereby ordered on 12/11/2025. Ordered by Judge Gary R. Brown on 12/11/2025. (JC) (Entered: 12/17/2025)

REDACTION to 12 Order. See attached. (JC) (Entered: 12/17/2025)

Order(Other)

SECOND SUPPLEMENTAL ORDER TO SHOW CAUSE. In furtherance of the Court's review of this matter, and based on issues raised by the filings made and the proceedings, Respondents are hereby ORDERED to file a written response regarding Petitioner's stay in the facility referred to as the "Central Islip Hold Room" (CIHR):1.List the dates and times - including arrival and exit times -- at which the Petitioner was detained at the CIHR. With respect to Petitioner's second detention there, beginning on December 9 as per the Government's declaration, provide the reason(s) for the removal of the Petitioner from the Nassau County Correctional Center and readmission to the CIHR, as well as the reason(s) underlying his removal from the CIHR and transfer to ICE's Newark facility shortly before this Court's hearing. 2.State whether, as described by Petitioner during the hearing, Petitioner and other detainees were: a.Not provided with clean clothing, toothbrushes and soap or access to showers, soap, beds, cots or bedding. b.Required to sleep on the floor in a room where the lights remained on 24 hours per day. State whether the room was consistently heated during Petitioner's detention. c.Afforded only a single phone call and had no provision for attorney visits. State whether phone calls could be made privately; andd.Provided only two meals per day. 3.Provide a description (including dimensions and capacity) and photographs of the hold room where Petitioner was detained, and state whether such rooms have toilets, sinks and/or bunks. 4.State whether medical care was or could have been provided to Petitioner at the CIHR, and whether he and other detainees were provided access to prescriptions and other medications. Respondents will file a response to these inquiries on or before close of business on December 16, 2025. Ordered by Judge Gary R. Brown on 12/11/2025. (Brown, Gary)

Minute Entry for proceedings held before Judge Gary R. Brown:Show Cause Hearing held on 12/11/2025 Lorne Kelman for petitioner and Richard Hayes for respondent. Petitioner not present. Argument heard. The court orders petitioner released pending further administrative process. Status letter due at the end of next week. Bond executed. (Court Reporter Kristi Cruz.) (KM)

Show Cause Hearing

Letter Response to Second Supplemental Order to Show Cause by U.S. Department of Homeland Security (Attachments: # 1 Affidavit in Support) (Hayes, Richard) (Entered: 12/16/2025)

MEMORANDUM AND ORDER: Therefore, it is further ORDERED that as part of the above-described December 30 submission, counsel for respondents shall SHOW CAUSE why the Court should not consider entering an order of contempt or some other remedy in connection with ICE's failures to follow its orders in this case. Response by counsel for Petitioner (as well as any amicus submissions) shall be filed on or before January 12, 2026, after the filing of the above-described submissions. Reply submissions, if any, shall be filed on or before January 20, 2026. SEE ATTACHED ORDER FOR FURTHER DETAILS. Ordered by Judge Gary R. Brown on 12/18/2025. (JC) (Entered: 12/18/2025)

Letter in Response to the Court's December 18, 2025 Order by Executive Office For Immigration Review, U.S. Department of Homeland Security (Hayes, Richard) (Entered: 12/23/2025)

Order(Other)

ORDER Re DE 15 The Federal Respondents shall submit the requested photographs of the CIHR under seal for in camera review by the Court. The Federal Respondents have until January 23, 2026 to address the Court's December 18 Order. Petitioner will have three days to submit a response. Ordered by Judge Gary R. Brown on 12/24/2025. (ML)

Letter pursuant to Fed. R. Civ. P. 5.2 by Executive Office For Immigration Review, U.S. Department of Homeland Security (Hayes, Richard) (Entered: 12/30/2025)

Order(Other)

ORDER Per the Government's December 30th request, the December 23rd letter is hereby unsealed. Ordered by Judge Gary R. Brown on 12/30/2025. (ML)