Chalco-Beltran v. Francis
Carlos Anibal Chalco-Beltran v. LaDeon Francis, in his official capacity as Acting Field Office Director of New York Immigration and Customs Enforcement, et al.
- Andrew Carter
- 1:25-cv-09205
- U.S. District Court · Southern District of New York
- 6
In Chalco-Beltran v. Francis, Judge Carter ordered payment of the $5 fee or an application to proceed without paying within 30 days, or the action will be dismissed.
Carlos Anibal Chalco-Beltran and his next friend, Eva Magdalena Chalco Chango, must either pay the $5.00 filing fee or submit a completed and signed application to proceed without prepaying fees within 30 days; otherwise, the action will be dismissed.
What happened
In Carlos Anibal Chalco-Beltran v. LaDeon Francis, the court addressed the filing requirements for Chalco-Beltran’s petition for a writ of habeas corpus. His sister, Eva Magdalena Chalco Chango, filed as his next friend and is not represented by a lawyer.
The court found that the petition was filed without the required $5 filing fee and without a completed, signed application to proceed without paying court fees. The court gave Chalco-Beltran or his next friend 30 days to pay the fee or file the application.
Judge Andrew L. Carter, Jr. ordered that the case proceed through the Clerk’s Office if the requirement is met, but said the action will be dismissed if it is not. He also said that a certificate allowing an appeal would not issue and denied permission to proceed without paying fees for any appeal.
The detailed version
- Chalco-Beltran v. Francis · No. 1:25-cv-09205
- Andrew Carter
- Nov. 5, 2025
Background
Carlos Anibal Chalco-Beltran filed a petition for a writ of habeas corpus through his next friend, his sister Eva Magdalena Chalco Chango. The opinion states that Eva Magdalena Chalco Chango appears without a lawyer.
Filing-fee requirement
The court stated that a habeas petition requires either a $5.00 filing fee or a completed and signed application to proceed without prepaying fees, commonly called an IFP application. The petition was filed without either the fee or the application.
The court ordered that, within 30 days of the order, Chalco-Beltran or his next friend must pay the $5.00 filing fee or file a completed and signed IFP application. If an IFP application is filed, it must identify docket number 1:25-CV-9205 (ALC). The court explained that, if it grants the application, Chalco-Beltran or his next friend on his behalf may proceed without paying the fees in advance.
Disposition
The court ordered that the action be processed according to the Clerk’s Office procedures if the fee or application is submitted. If Chalco-Beltran or his next friend does not comply within the allowed time, the court will dismiss the action.
The court also stated that the petition, at that time, did not make a substantial showing that a constitutional right had been denied, so a certificate of appealability would not issue. Separately, the court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order did not decide the underlying habeas petition.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.