Case Name in Immigration Case - Unavailable

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
FOR ONLINE PUBLICATION ONLY
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MARVIN JAVIER PINEDA-CONTRERAS,
Petitioner,
-against-
MEMORANDUM & ORDER
25-cv-06898 (JMA)
PAM BONDI, in her official capacity as Attorney General of
the United States, KRISTI NOEM, in her official capacity as
Secretary of the Department of Homeland Security, TODD
M. LYONS, in his official capacity as Acting Director,
United 	States 	Immigration 	and 	Customs 	Enforcement,
BRIAN FLANAGAN, in his official capacity as Acting
Deputy Field Office Director for ICE in New York City Area,
FRANK P. BASSO, in his official capacity as Warden of
Nassau County Correctional Center, SIRCE OWEN, in her
official capacity as Director of the Executive Office for
Immigration Review,
Respondents.
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AZRACK, United States District Judge:
On December 13, 2025, U.S. Immigration and Customs Enforcement (“ICE”) arrested
Marvin Javier Pineda-Contreras (“Petitioner”) in Queens, New York. (ECF No. 4 ¶ 28; ECF No.
8-1 ¶ 15.)
Petitioner is an 18-year old resident of Jamaica, New York who first entered the United
States on June 12, 2024. (ECF No. 4 ¶ 1, 17; ECF No. 8-1 ¶ 3). On June 12, 2024, the United
States Customs and Border Protection (“CBP”) arrested Petitioner near the Texas/Mexico border.
(ECF No. 8-1 ¶ 3–6.) That same day, CBP issued to him a Form I-200, Warrant for Arrest of Alien.
(Id. ¶ 5.) Because Petitioner qualified as an Unaccompanied Alien Child, see 8 U.S.C. § 1232, he
soon was placed in the custody of the Office of Refugee Resettlement and subsequently released
to a verified family sponsor. (Id. at ¶¶ 8-9.) On July 17, 2024, ICE served Petitioner with a Notice
to Appear, charging him as inadmissible under 8 U.S.C. § 1182(a)(6)(A)(i), and ordering him to
FILED
CLERK
U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
LONG ISLAND OFFICE
4:37 pm, Dec 23, 2025
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appear at a hearing before an immigration judge in New York. (Id. ¶ 10.)
Petitioner has resided in the United States for over eighteen months. He has attended every
hearing in connection with his removal proceedings, (see id. ¶¶ 12–14), and is in the process of
seeking Special Immigrant Juvenile status, (id. ¶ 14; ECF No. 4 ¶ 26.)
After his arrest on December 13, 2025, ICE transported Petitioner to 535 Federal Plaza in
Central Islip, New York. (ECF No. 8-1 ¶ 15). On December 14, 2025, ICE transferred Petitioner
to the Nassau County Correctional Facility in East Meadow, New York. (Id. ¶ 16.) On December
15, 2025, Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (ECF
No. 1.) On December 16, 2025, Petitioner filed an amended petition. (ECF No. 4).
After the instant petition was filed, ICE transferred Petitioner to 26 Federal Plaza in
Manhattan and, later, to the Elizabeth Contract Detention Facility in Elizabeth, New Jersey, where
he remains detained. (ECF No. 8-1 ¶¶ 17–18.)
On December 16, 2025, the Court issued an order to show cause directing Respondents to
show cause why a writ of habeas corpus should not be issued. 	On December 22, 2025,
Respondents filed a letter opposing the Petition. 	(ECF No. 8). 	In that letter, Respondents
acknowledged that the facts underlying this case are “very similar” to those presented in two cases
recently decided by this Court: Molina v. Deleon, No. 25-cv-6526 (E.D.N.Y. Dec. 23, 2025), ECF
No. 18, and Montoya v. Bondi, No. 25-cv-6363 (E.D.N.Y. Dec. 23, 2025), ECF No. 22. (ECF No.
8 at 4). Citing a desire “to conserve judicial resources and to expedite the Court’s consideration
of this case,” Respondents decided to “rely upon, and incorporate by reference, all legal arguments
presented in the Government’s submissions in Molina (ECF Nos. 8, 14) and Montoya (ECF Nos.
14, 19).” (ECF No. 8 at 4).
Given the similarity between the facts in this case and those presented in Molina and
Montoya, as well as Respondents’ decision to rely on the Government’s briefing in those cases,
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the Court concludes that its analysis in those cases applies equally to the instant petition. 	See
Memorandum and Order, Molina v. Deleon, No. 25-cv-6526 (E.D.N.Y. Dec. 23, 20250), ECF No.
18; Memorandum and Order, Montoya v. Bondi, No. 25-cv-6363 (E.D.N.Y. Dec. 23, 2025), ECF
No. 22.
Accordingly, the petition for a writ of habeas corpus is now GRANTED. Respondents are
ordered to release Petitioner from custody immediately, and to submit a letter on the docket within
24 hours of this Order confirming Petitioner’s release.
SO ORDERED.
Dated: 	December 23, 2025
Central Islip, New York
/s/ (JMA)
JOAN M. AZRACK
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