Belgal Habeas Dismissed in S.D.N.Y. on Venue (ICE Says He Was in New Jersey), Refiled in E.D.N.Y.; Judge Gonzalez Issues Order to Show Cause

Oscar Belgal’s first habeas petition was filed in the Southern District of New York on October 8, 2026 (No. 26-cv-8928; the SDNY filings spell the name “Bergal”). The petitioner alleged he was held in a Manhattan hospital under ICE guard. On October 9, the Part I judge barred removal and barred transfer outside the S.D.N.Y., E.D.N.Y. or D.N.J.; the assigned judge, John P. Cronan, then denied a TRO without prejudice. At that hearing the government told the court ICE intended to hold him at MDC Brooklyn, and the parties later stipulated to dismissal without prejudice on venue, based on ICE’s representation that he was in New Jersey when the petition was filed. Petitioner conceded the point rather than litigate it.

The same day the stipulation was filed, October 14, counsel (Make the Road New York in the SDNY case) refiled in the Eastern District of New York as Belgal v. Genalo, No. 1:26-cv-06607, assigned to Judge Hector Gonzalez. Gonzalez issued an order to show cause the same day: the government must respond by 10:00 a.m. October 19 and address whether detention rests on 8 U.S.C. § 1225 or § 1226 in light of Barbosa da Cunha v. Freden (2d Cir. 2026); removal and transfer outside the E.D.N.Y. and S.D.N.Y. are barred meanwhile. The “judge bars deportation” in 2026-10-08–ice-agent-shoots-oscar-belgal-marble-hill-bronx-child-in-car-judge-bars-deportation is therefore two separate orders in two courts: Oetken’s October 9 SDNY order and Gonzalez’s October 14 EDNY order. As of this check the E.D.N.Y. petition and order text are not in RECAP; the order text above is the docket summary.