Case Name in Immigration Case - Unavailable

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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JONATHAN BRAVO ARIZMENDI,
Petitioner,
-v-
KRISTI NOEM, in her official capacity as
Secretary of the U.S. Department of Homeland
Security; TODD LYONS, in his official capacity as
Acting Director of U.S. Immigration and Customs
Enforcement; WILLIAM JOYCE, in his official
capacity as Field Office Director of the New York
Office of U.S. Immigration and Customs
Enforcement; PAMELA BONDI, in her official
capacity as U.S. Attorney General; RAUL
MALDONADO, Jr., in his official capacity as
Warden of the Metropolitan Detention Center,
Respondents.
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25-CV-7056
TEMPORARY
RESTRAINING
ORDER & ORDER TO
SHOW CAUSE
NINA R. MORRISON, United States District Judge:
This petition for a writ of habeas corpus and accompanying motion for
preliminary 	injunctive 	relief 	have 	not 	yet 	been 	assigned 	to 	a 	district 	judge.
Accordingly, the undersigned, as Miscellaneous Duty Judge, has been designated to
handle initial scheduling matters and issue all related orders necessary to preserve
the Court’s jurisdiction and grant other temporary relief as may be just and proper.
WHEREAS, 	Petitioner 	is 	presently 	detained 	by 	Respondents 	at 	the
Metropolitan Detention Center (“MDC”) in Brooklyn, New York, and has been
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detained at MDC and at other facilities since he was taken into custody by
Respondents on October 6, 2025;
WHEREAS, through the declaration of counsel, Petitioner avers that he is a
citizen of Mexico who has resided in the United States for fifteen years, cares and
provides financial support for his three school-aged children, works at a construction
company, and has no criminal history in any country;
WHEREAS, through the declaration of counsel, Petitioner avers that he is and
has been suffering from excruciating dental pain due to an untreated condition while
detained at MDC, which is impeding Petitioner’s ability to eat and sleep;
WHEREAS, Petitioner requested a bond hearing before an immigration judge,
which was denied on December 2, 2025, and subsequently requested release to seek
emergency dental treatment for his serious medical needs at an outside facility in
accordance with the recommendation of a dentist at MDC, which was denied by
Respondents on December 17, 2025;
WHEREAS, Petitioner filed a Petition for a Writ of Habeas Corpus (the
“Petition”), ECF No. 1 (Dec. 23, 2025), supported by accompanying declarations and
exhibits, alleging that his detention violates his constitutional and statutory rights;
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WHEREAS, Petitioner has moved for entry of a Temporary Restraining Order
and 	Preliminary 	Injunction, 	ECF 	No. 	2 	(Dec. 	23, 	2025), 	supported 	by 	an
accompanying Memorandum of Law, seeking an order directing his immediate
release from detention and restraining Respondents from re-detaining him for the
pendency of the Court’s adjudication of the underlying Petition;
WHEREAS, the Court finds that Petitioner has established a likelihood of
success on the merits of his claim that his detention without a bond hearing violates
his Fifth Amendment right to procedural due process because he has lived in the
United States for fifteen years and is therefore entitled to an individualized, pre-
detention bond hearing under the Immigration and Nationality Act, 8 U.S.C. §
1226(a), see, e.g., Hyppolite v. Noem, 25-CV-4304 (NRM), 2025 WL 2829511 (E.D.N.Y.
Oct. 6, 2025); Petition at 3 n.1 (setting forth more than three dozen recent judicial
decisions similarly holding that the mandatory detention provisions of 8 U.S.C. §
1225(b)(2) do not apply to individuals like Petitioner who are presently residing in
the United States, and that such persons are entitled to an individualized, pre-
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detention hearing before a neutral judicial officer as to their eligibility for bond under
8 U.S.C. § 1226(a) before they may be taken into Respondents’ custody);1
WHEREAS, based on the declarations of Petitioner’s counsel, legal authorities,
exhibits, 	and 	arguments 	submitted, 	the 	Court 	finds 	that 	Petitioner 	has 	also
established that he is currently suffering and will continue to suffer immediate and
irreparable harm absent preliminary injunctive relief, in the form of the continued
deprivation of his liberty without due process of law, as well as the deprivation of
access to necessary medical care for his serious medical needs while he is in
Respondents’ custody; and the Court further finds that the balance of equities and
the public interest favor the grant of injunctive relief;
It is hereby:
ORDERED, that Petitioner’s Motion for a Temporary Restraining Order
under Fed. R. Civ Proc. 65 is GRANTED;
1 Because the Court finds that Petitioner has established a likelihood of success
on the merits of his claim that Respondents have violated his right to procedural due
process through their failure to provide him with the pre-detention bond hearing
required by Section 1226(a) of the Immigration and Nationality Act, the Court does
not reach his alternative argument that he is entitled to preliminary injunctive relief
because his detention violates the terms of the nationwide class injunction in
Maldonado Bautista v. Noem, No. 25-CV-01873 (SSS) (BFM), 2025 WL 3678485 (C.D.
Cal. Dec. 18, 2025).
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ORDERED, that Respondents must release Petitioner from custody no later
than 6:00 P.M. on Wednesday, December 24, 2025. 	Respondents, through
counsel, shall file a letter on the docket no later than 8:00 P.M. on Wednesday,
December 24, 2025 confirming that Petitioner has been released from custody, and
shall 	send 	a 	courtesy 	copy 	of 	that 	letter 	by 	electronic 	mail 	to
morrison_chambers@nyed.uscourts.gov 	and to 	Petitioner’s 	counsel 	at 	the 	email
address listed in the Petition.
IT IS FURTHER ORDERED that Respondents are ENJOINED from re-
detaining Petitioner, absent prior authorization of this Court, while the terms of this
Order otherwise remain in effect;
ORDERED, that Respondents shall show cause in writing no later than
December 31, 2025 at 10:00 A.M. as to (1) why the Court should not issue a
preliminary injunction enjoining Respondents from detaining Petitioner during the
pendency of this Court’s consideration of the Petition and (2) why the Petition for a
writ of habeas corpus should not be granted.
Petitioner’s counsel is directed (1) to serve the United States Attorney’s Office
for the Eastern District of New York with a copy of the Petition and accompanying
papers, along with a copy of this Order, by electronic mail, by 12:00 P.M. today
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(December 24, 2025), and (2) to promptly file proof of such service on the docket.
Counsel for Respondents shall promptly enter notices of appearance.
The foregoing Temporary Restraining Order shall expire on January 7, 2026,
at 7:00 A.M. unless it is extended by further Order of this Court for good cause shown
or otherwise.
The Court also respectfully requests that Clerk of Court provide an additional
courtesy copy of this Order to the Chief of the Civil Division of the United States
Attorney’s Office for the Eastern District of New York by electronic mail.
SO ORDERED.
Dated: December 24, 2025 at 9:00 A.M. 	/s/ Nina R. Morrison
Brooklyn, New York 	Nina R. Morrison
United States District Judge
Miscellaneous Duty Judge
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