Veletanga v. Noemi
Jorge Luis Culcay Veletanga v. Kristi Noemi, in her Official Capacity as the Secretary of the U.S. Department of Homeland Security, et al.
- Nelson Roman
- 7:25-cv-09211
- U.S. District Court · Southern District of New York
- 2
In Culcay Veletanga v. Noemi, Judge Roman granted temporary protection barring ICE from transferring Culcay Veletanga and ordered a hearing.
Jorge Luis Culcay Veletanga, whose transfer outside the Southern District of New York was barred temporarily, and ICE, which was prohibited from making that transfer.
What happened
Jorge Luis Culcay Veletanga v. Kristi Noemi concerns Culcay Veletanga’s challenge to his detention by U.S. Immigration and Customs Enforcement. He says the agency and immigration authorities applied the wrong legal rule when denying his request for a minimal bond.
While his detention challenge was pending, Culcay Veletanga asked the court to stop ICE from transferring him outside the Southern District of New York. The request sought temporary protection while the court considered his petition.
The court granted the temporary restraining order application to stop ICE from transferring Culcay Veletanga outside the district and to permit a hearing about whether he met the legal requirements for further relief. Judge Nelson S. Roman also directed him to serve his papers on the United States Attorney’s Office.
The detailed version
- Veletanga v. Noemi · No. 7:25-cv-09211
- Nelson Roman
- Nov. 5, 2025
Background
Jorge Luis Culcay Veletanga filed a petition challenging his detention by U.S. Immigration and Customs Enforcement (ICE). The opinion states that he is a citizen and national of Ecuador who arrived in the United States as a child in 2003. He received Deferred Action for Childhood Arrivals on November 5, 2012.
ICE detained Culcay Veletanga on or about September 6, 2025, allegedly because he disobeyed a court order requiring him to register with the probation office. During his detention, he asked the Executive Office for Immigration Review for a minimal bond to obtain his release. He argues that the request was wrongly denied under 8 U.S.C. § 1225(b)(2), which applies to “arriving aliens,” and that it should instead have been reviewed under 8 U.S.C. § 1226(a), which applies to people present in the United States.
Temporary restraining order
Culcay Veletanga separately moved for a temporary restraining order under Federal Rule of Civil Procedure 65(b). He asked the court to prevent ICE from transferring him outside the Southern District of New York while his detention challenge was pending.
Court’s ruling
The court granted the temporary restraining order application to the extent that: (1) ICE was prohibited from transferring Culcay Veletanga outside the Southern District of New York; and (2) the parties could appear for a show-cause hearing. The hearing was intended to determine whether he could establish the required elements for preliminary relief: a likelihood of success on the merits, likely irreparable harm without relief, a favorable balance of equities, and consistency with the public interest.
The order did not decide whether Culcay Veletanga’s detention was unlawful, whether 8 U.S.C. § 1225(b)(2) or § 1226(a) applied, or whether he was entitled to release. The opinion also notes a standing order concerning stays of certain civil cases and deadline tolling during the government shutdown. The parties were directed to notify the court when they could appear in person for the hearing, and Culcay Veletanga was directed to serve his motion papers on United States Attorney Jay Clayton by email and overnight certified mail. Judge Nelson S. Roman entered the order on November 5, 2025.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.