C.A.R.C. v. “HAYNES
Yuri Hovhannisyan ex rel. C.A.R.C. v. “HAYNES,” Warden of Detention Faility At 26 Federal Plaza, New York, NY; Todd Lyons, Acting Director of U.S. Immigraiton And Customs Enforcement; Marcos Charles acting Executive Associate Director for ICE Enforcement and Removal Operations (ERO); William P. JOYCE, in his official capacity as Deputy Field Office Director of new York; Rodney S. SCOTT, in his official capacity as the Commissioner of U.S. Customs and Border Protection (CBP); Immigration and Customs Enforcement; Kristi NOEM, in her official capacity as Secretary of Homeland Security; and Pamela BONDI, in her official capacity as Attorney General of the United States, in their official capacities.
- Analisa Torres
- 1:25-cv-09520
- U.S. District Court · Southern District of New York
- 1
In Yuri Hovhannisyan v. “HAYNES,” Judge Torres granted withdrawal and voluntarily dismissed the petition without prejudice.
The petitioner’s action was voluntarily dismissed after the petitioner and counsel requested withdrawal. The respondents were no longer required to litigate this action, and the petitioner was denied permission to appeal without paying filing fees.
What happened
Yuri Hovhannisyan ex rel. C.A.R.C. v. “HAYNES,” involved a request to withdraw the petition. The petitioner’s mother sent the court a letter saying that the petitioner and counsel wanted to withdraw it.
The court granted the request and voluntarily dismissed the action under Federal Rule of Civil Procedure 41(a). The dismissal was without prejudice under the rule, subject to the rule’s stated exception for a previously dismissed action involving the same claim. The court also denied permission to appeal without paying filing fees because it certified that an appeal would not be taken in good faith.
Judge Analisa Torres issued the dismissal order on November 19, 2025.
The detailed version
- C.A.R.C. v. “HAYNES · No. 1:25-cv-09520
- Analisa Torres
- Nov. 19, 2025
Background
On November 17, 2025, the court received a letter from Petitioner’s mother, acting on Petitioner’s behalf. The letter stated that Petitioner and counsel wanted to withdraw the petition filed at ECF No. 1.
Ruling
The court granted the request to withdraw the action. It voluntarily dismissed the complaint under Federal Rule of Civil Procedure 41(a). The court’s footnote states that a voluntary dismissal under Rule 41(a) is without prejudice, meaning the dismissal generally does not prevent refiling. The footnote also quotes the rule’s exception: if the plaintiff previously dismissed a federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. It therefore denied permission to appeal without paying filing fees. Judge Analisa Torres signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.