Case Name in Immigration Case - Unavailable

1:26-cv-00949Nyed19 de fev. de 2026

Abrir fonte

Texto completo

1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
GERMAN SARANGO CARDENAS,
Petitioner,
– against –
ANTHONY J. LAROCCO, Sheriff of
Nassau County, WILLIAM JOYCE,
District Director of New York,
Immigration and Customs Enforcement,
KRISTI NOEM, Secretary of Homeland
Security, PAM BONDI, Attorney General
of the United States,
Respondents.
TRANSFER ORDER
26-cv-00949 (NCM)
NATASHA C. MERLE, United States District Judge:
Petitioner German Sarango Cardenas, proceeding pro se, brings this petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“Section 2241”). Pet., ECF No. 1
(“Petition”). For the reasons stated below, the Court transfers this action to the United
States District Court for the District of New Jersey.
Petitioner filed the Petition and a motion for temporary restraining order on
February 18, 2026, asserting that he was detained by U.S. Immigration and Customs
Enforcement (“ICE”) on February 16, 2026, in violation of his constitutional and statutory
rights. Pet. ¶¶ 1, 10. Petitioner was arrested in Long Island, New York, but was detained
at an unknown location.1 Pet. ¶¶ 2, 12, 27. The same day the Petition was filed, the Court
1 	Due to petitioner’s detention and pro se status, the Petition was filed in the Clerk’s
Office by petitioner’s “next friend”—Christian A. Cardenas Cordova. See Pet. 1.
Case 1:26-cv-00949-NCM Document 6 Filed 02/19/26 Page 1 of 3 PageID #:
<pageID>
2
enjoined respondents from moving petitioner to a location outside the Eastern District of
New York, Southern District of New York, or the District of New Jersey. Scheduling Order
2, ECF No. 3. The Court also ordered respondents to, among other things, state whether
they believed that petitioner was located in the Eastern District of New York at the time
the Petition was filed and, if not, “provide support for the time the petitioner was moved
outside the district,” and indicate “whether the Court should order immediate transfer to
the District in which Petitioner was located at the time of filing.” Scheduling Order 3 n.2
(citing Öztürk v. Hyde, 136 F.4th 382, 391-92 (2d Cir. 2025)).
Respondents responded the same day that, “[b]ased on information supplied by
ICE,” petitioner was located—and is currently detained—at the Delaney Hall Detention
Facility (“DHDF”) in Newark, New Jersey at the time the Petition was filed. Resp’ts Letter
dated Feb. 18, 2026, ECF No. 4. Respondents thus “submit[ted] that the Court should
order immediate transfer of this action to the District of New Jersey” and further offered
to provide “additional support” regarding petitioner’s detention. Resp’ts Letter dated Feb.
18, 2026. In response to further order from the Court, respondents provided such support
the following day in the form of a declaration from an ICE deportation officer who attests
that petitioner was “booked” into DHDF the evening of February 17, 2026, the day prior
to the Petition being filed, and that petitioner “currently remains [there] in custody.” Decl.
of Kareem Johnson ¶ 5, ECF No. 5-1.
Based on the record before the Court, the Court finds that petitioner was not
detained in the Eastern District of New York at the time he filed this Petition. And because
petitioner seeks relief pursuant to Section 2241, his petition “must be brought in the
Case 1:26-cv-00949-NCM Document 6 Filed 02/19/26 Page 2 of 3 PageID #:
<pageID>
3
district of confinement.” United States v. Sternquist, No. 22-cr-00473, 2025 WL
3240234, at *1 (E.D.N.Y. Nov. 20, 2025) (citing Öztürk, 136 F.4th at 390).
Accordingly, in the interest of justice, the Court transfers this Petition to the United
States District Court for the District of New Jersey. See 28 U.S.C. §§ 1404(a), 1406(a). The
Clerk of Court is respectfully directed to transfer this action to the United States District
Court for the District of New Jersey. The provision of Rule 83.1 of the Local Rules of the
Eastern District of New York, which requires a seven-day delay, is waived.
Counsel for respondents is directed to serve a copy of this Order on Petitioner and
Petitioner’s next friend, Christian A. Cardenas Cordova, and file proof of service by
February 20. 2026.
The Clerk of Court is respectfully directed to mark this case as closed in this District
and 	to 	deliver 	a 	copy 	of 	this 	Order 	to 	the 	U.S. 	Attorney’s 	Office 	at
Richard.Hayes@usdoj.gov.
SO ORDERED.
/s/ Natasha C. Merle
NATASHA C. MERLE
United States District Judge
Dated: February 19, 2026
Brooklyn, New York
Case 1:26-cv-00949-NCM Document 6 Filed 02/19/26 Page 3 of 3 PageID #:
<pageID>

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.