UNITED STATES DISTRICT COURT
S O U T H E R N D I S T R I C T OF N E W Y O R K
NOTICE TO THE BAR
LAURA TAYLOR SWAIN TAMMI HELLWIG
Chief Judge Clerk of Court
Dated: Contact:
December 17, 2025 Help Desk (212) 805-0800
[email protected]
Petitions for a Writ of Habeas Corpus under 28 U.S.C. § 2241
Immigration Custody and Requests for Emergency Relief
This notice clarifies procedures for filing a Petition for a Writ of Habeas Corpus under
28 U.S.C. § 2241 when challenging the legality of immigration custody and addresses related requests
for emergency relief.
Filing Event
When filing an application for a Petition for a Writ of Habeas Corpus under 28 U.S.C.
§ 2241, use the ECF Filing Civil Events → Initial Pleadings and Service → Complaints and
Other Initiating Documents → Petition for Writ of Habeas Corpus and follow the prompts.
Nature of Suit
File a Civil Cover Sheet (new in 12/25) and, if applicable, select nature of suit 463 (Alien
Detainee). The nature of suit selection on the Civil Cover Sheet must match that entered on the
CM/ECF screen.
Emergency Relief
Emergency applications, such as those seeking immediate release from detention, should be
filed separately from any case initiating document using the following applicable ECF Filing
Events (Motions):
Motion to Show Cause,
Proposed Order to Show Cause with Emergency Relief,
Motion for Temporary Restraining Order, or
Proposed Temporary Restraining Order.
THE HON. CHARLES L. BRIEANT JR. THE DANIEL PATRICK MOYNIHAN THE THURGOOD MARSHALL
FEDERAL BUILDING AND COURTHOUSE UNITED STATES COURTHOUSE UNITED STATES COURTHOUSE
300 QUARROPAS STREET 500 PEARL STREET, ROOM 820 40 FOLEY SQUARE
WHITE PLAINS, NY 10601-4150 NEW YORK, NY 10007-1312 NEW YORK, NY 10007
When filing an emergency application, you must take the additional step of alerting the court to
the pending application.
In New Cases - Alert the Clerk’s Office (telephone 212-805-0632 during business
hours). If filing after business hours, alert the Part 1 Judge to the pending application
(see their Individual Practices for contact instructions).
In Pending Cases - Alert the presiding judge (see their Individual Practices for contact
instructions). If appearing as pro bono counsel, please also file a Notice of Appearance
of Pro Bono Counsel.
Filing Without an Attorney
Persons without an attorney (pro se) challenging the legality of someone’s immigration custody
should review the court’s guide to filing a petition for habeas corpus. Questions may be
directed to the Pro Se Intake Unit at (212) 805-0175, 8:30 a.m.–5:00 p.m., Monday–Friday
(except federal holidays).
Resources
ECF Rule 13.19 provides guidance regarding the filing of emergency applications.
Questions may be directed to the Help Desk at
[email protected], or by telephone at
(212) 805-0800, Monday through Friday during business hours.
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THE HON. CHARLES L. BRIEANT JR. THE DANIEL PATRICK MOYNIHAN THE THURGOOD MARSHALL
FEDERAL BUILDING AND COURTHOUSE UNITED STATES COURTHOUSE UNITED STATES COURTHOUSE
300 QUARROPAS STREET 500 PEARL STREET, ROOM 820 40 FOLEY SQUARE
WHITE PLAINS, NY 10601-4150 NEW YORK, NY 10007-1312 NEW YORK, NY 10007
