Edgar Estuardo Sulugui Chiyal v. Kenneth Genalo, et al.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wan eee KX EDGAR ESTUARDO SULUGUI CHIYAL, Petitioner, -V- □ 26 Civ. 457 (JPC) KENNETH GENALO, et al., ORDER Respondents.

JOHN P. CRONAN, United States District Judge: The Court, having examined the Petition in this action, which Petitioner filed under 28 U.S.C. § 2241, orders that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney’s Office for the Southern District of New York that this Order has been issued.

By January 27, 2026, the U.S. Attorney’s Office shall file an answer or other pleadings in response to the Petition, explaining the basis for Petitioner’s detention and Petitioner’s location.

Petitioner may file reply papers, if any, by February 3, 2026. In preparing their papers, the parties shall discuss whether, if the statutory provision under which the Government asserts the authority to detain Petitioner is 8 U.S.C. § 1225(b)(2)(A), there is any basis to distinguish this case from this Court’s recent decision in Chen v. Almodovar, No. 25 Civ. 9670 (JPC), 2026 WL 100761 (S.D.N.Y. Jan. 14, 2026). The order entered on January 17, 2026, staying Petitioner’s removal and transfer is hereby vacated. See Dkt. 3 at 2 (explaining that the order may be “vacated or modified by the judge who is assigned to this action’).

SO ORDERED. Whe Dated: January 20, 2026 ef TB, New York, New York JOHN P. CRONAN United States District Judge