Guarchaj v. Genalo et al

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DIEGO MAS GUARCHAJ,
Petitioner,
-against-
KENNETH GENALO, NYC Director,
Enforcement & Removal Operations, U.S.
Immigration and Customs Enforcement; et al.,
Respondents.
26-CV-00889 (ER)
ORDER
EDGARDO RAMOS, United States District Judge:
Petitioner has filed a Petition for a writ of habeas corpus under 28 U.S.C. § 2241. The
Court, having examined the Petition, and in its capacity as Part I Judge, determines that an
immediate order is necessary to preserve the Court’s jurisdiction pending assignment of the case
to a judge of this Court.
Accordingly, in order to preserve the Court’s jurisdiction pending a ruling on the Petition,
Petitioner shall not be removed from the United States absent further order of this Court.
See, e.g., Khalil v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025)
(citing cases); see also, e.g., Du v. United States Dep’t of Homeland Sec., No. 25-CV-0644, 2025
WL 1317944, at *1 (D. Conn. Apr. 24, 2025) (“[A] a federal court may temporarily enjoin
immigration authorities from deporting individuals if it preserves the court’s jurisdiction over a
case or cases.”).
Moreover, in light of Petitioner’s interests in participating in further proceedings before
this Court and to facilitate resolution of the Petition, 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-
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4828, 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, 2025 WL 2280357, at *14-16 (D. Colo. Aug. 8, 2025) (same); Oliveros v.
Kaiser, No. 25-CV-7117, 2025 WL 2677125, at *8-9, *11 (N.D. Cal. Sept. 18, 2025) (same).
This order will remain in effect unless and until it is vacated or modified by the judge
who is assigned to this action.
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.
SO ORDERED.
Dated: 	February 2, 2026
New York, New York
EDGARDO RAMOS
United States District Judge
Part I
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