Wilber Rogelio Garcia Tecu v. Markwayne Mullin, in his official capacity as Secretary of the U.S. Department of Homeland Security; Todd Blanche, in his official capacity as Attorney General of the United States; Kenneth Genalo, in his official capacity as Field Office Director, New York Field Office, U.S. Immigration and Customs Enforcement; Raul Maldonado, Jr., in his official capacity as Warden of the Metropolitan Detention Center, Brooklyn
CourtDistrict Court, E.D. New York
Date FiledOctober 7, 2026
Docket1:26-cv-05265
StatusUnknown
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Full Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
WILBER ROGELIO GARCIA TECU,
Petitioner,
v.
MARKWAYNE MULLIN, in his official
capacity as Secretary of the U.S. ORDER CONVERTING
Department of Homeland Security; TODD TEMPORARY RESTRAINING
BLANCHE, in his official capacity as ORDER TO PRELIMINARY
Attorney General of the United States; INJUNCTION
KENNETH GENALO, in his official 26-CV-5265 (NRM)
capacity as Field Office Director, New York
Field Office, U.S. Immigration and
Customs Enforcement; RAUL
MALDONADO, JR., in his official capacity
as Warden of the Metropolitan Detention
Center, Brooklyn,
Respondents.
NINA R. MORRISON, United States District Judge:
Petitioner Wilber Rogelio Garcia Tecu is a nineteen-year-old Guatemalan
citizen, who entered the United States as a minor in January 2018. On August 1,
2026, Petitioner was arrested by Immigration and Customs Enforcement (“ICE”)
agents a few blocks from his home, and they eventually transported him to and
detained him at Metropolitan Detention Center (“MDC”) in Brooklyn, New York.
On August 26, 2026, Petitioner filed the instant Petition for Writ of Habeas
Corpus (the “Petition”), ECF No. 1. The next day, on August 27, 2026, the Court
issued an Order to Show Cause (“OTSC”), directing Respondents to file an initial
submission providing, inter alia, the statutory provision under which they assert the
authority to detain Petitioner, and any basis to distinguish the asserted grounds for
detention from this Court’s decision in Diallo v. Lyons, 837 F. Supp. 3d 422 (E.D.N.Y.
2026).
Respondents responded to the Court’s OTSC on August 31, 2026, (1) asserting
detention authority under 8 U.S.C. § 1231 due to a 2019 order of removal against
Petitioner; (2) contending that Petitioner’s detention falls within a six-month
presumptively reasonable period, as recognized by the Supreme Court in Zadvydas v.
Davis, 533 U.S. 678 (2001); and (3) arguing that the Court lacks jurisdiction to grant
the Petition. See ECF No. 10 at 2–5. Respondents further acknowledged the
similarities between this case and Diallo, while maintaining their disagreement with
the Court’s decision in the latter case. Id. at 4. Petitioner replied to the OTSC
response on September 4, 2026. ECF No. 11.
On September 1 and September 3, 2026, the Court instructed Respondents to
“file a copy of the Notice to Appear served upon, or any notification sent to Petitioner
that included date, time, and location information” for Petitioner’s removal hearing
in 2019. Dkt. Orders dated Sep. 1, 2026 and Sep. 3, 2026. Counsel for Respondents
filed a letter on September 5, 2026, noting that its Office “had requested documents
concerning the [2019] hearing from the Executive Office of Immigration Review
[“EOIR”] and . . . [the EOIR] expected it would take one-to-two weeks to locate any
documents it might have in its possessions.” ECF No. 12.
On September 9, 2026, the Court issued a Temporary Restraining Order
(“TRO”) directing Respondents to release Petitioner and enjoining Respondents from
re-detaining Petitioner pending the Court’s further consideration of the merits of the
Petition. ECF No. 13 at 11. Petitioner was released from ICE custody that same day.
See ECF No. 15.
Following the Court’s TRO, on September 21, 2026, Respondents moved for
leave to file documents concerning “notice provided to Petitioner of the [2019] hearing
in [his] removal proceedings” and “offer[ed] no further legal argument in support of
their response to the Petition, with the understanding that they have reserved their
right to appeal.” See ECF No. 16 at 1. The Court granted the motion on September
23, 2026; it also extended the TRO for good cause for another fourteen days. See ECF
No. 17; Dkt. Order dated Sep. 23, 2026.
DISCUSSION
“The standards for granting a TRO are the same as those governing
preliminary injunctions.” Byrthen v. City of New York, No. 26-CV-02221 (RER) (PCG),
2026 WL 2666845, at *1 (E.D.N.Y. Sep. 10, 2026) (citing Local 1814, Int’l
Longshoremen’s Ass’n, AFL-CIO v. N.Y. Shipping Ass’n, Inc., 965 F.2d 1224, 1228 (2d
Cir. 1992)). As explained in the Court’s TRO, Petitioner has sufficiently demonstrated
that he is likely to succeed on the merits of his claim that his detention was unlawful,
and that he will be irreparably harmed in the absence of continued preliminary
injunctive relief. ECF No. 13 at 6–10.
In light of the current status of this matter, the present record, the applicable
law, and Respondents’ representation that this case is indistinguishable from this
Court’s reasoning in Diallo, the TRO is hereby converted into a preliminary
injunction. In so doing, the Court incorporates by reference and reaffirms its initial
findings and analysis in its September 9, 2026 temporary restraining order. See
Tecu v. Mullin, No. 26-CV-5265 (NRM), 2026 WL 2655184 (E.D.N.Y. Sep. 9, 2026).
It is hereby:
ORDERED, that Respondents are ENJOINED from re-detaining Petitioner,
absent prior authorization of this Court, while the Court considers the merits of the
underlying Petition.
SO ORDERED.
/s/ Nina R. Morrison
NINA R. MORRISON
United States District Judge
Dated: October 7, 2026
Brooklyn, New York