Laing v. Genalo
Dara Brody ex rel. Kamoro Anthony Laing and Kamoro Anthony Laing v. Kenneth Genalo, Field Office Director for Detention and Removal, U.S. Immigration and Customs Enforcement and Department of Homeland Security
- Rochon
- 1:25-cv-09980
- U.S. District Court · Southern District of New York
- 2
In Dara Brody v. Kenneth Genalo, Judge Rochon ordered payment of the filing fee or an application to proceed without prepayment.
Dara Brody, acting as next friend of Kamoro Anthony Laing and Kamoro Anthony Laing, must either pay the $5 filing fee or submit a signed application to proceed without prepayment within 30 days, or the action will be dismissed without prejudice.
What happened
Dara Brody, acting as next friend of Kamoro Anthony Laing and Kamoro Anthony Laing, filed a petition for a court order challenging detention under a federal detention law. The petition was submitted without the required filing fee or an application to proceed without prepayment.
The court ordered Petitioners’ next friend, within 30 days, either to pay the $5 filing fee or submit a signed application to proceed without prepayment. The order gave instructions for paying the fee and submitting the application.
If Petitioners do not comply within the deadline, the action will be dismissed without prejudice. Judge Jennifer L. Rochon also denied permission to appeal without prepaying fees, certifying that any appeal would not be taken in good faith.
The detailed version
- Laing v. Genalo · No. 1:25-cv-09980
- Rochon
- Dec. 2, 2025
Background
Dara Brody, acting as the next friend of Kamoro Anthony Laing and Kamoro Anthony Laing, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. A next friend is a person who brings a case on behalf of another person. The court explained that a next friend proceeding in the court must either pay the $5 filing fee or submit a signed application to proceed in forma pauperis, meaning without prepaying the filing fee.
The petition was filed without either the $5 fee or an application to proceed without prepayment.
Order
The court ordered Petitioners’ next friend to comply within 30 days of the order’s date by either paying the $5 filing fee or completing and submitting the attached application to proceed without prepayment. The order provided instructions for paying by mail or in person. It also stated that the next friend could receive court documents by email by completing a consent form for electronic service.
Disposition
The court directed payment of the filing fee or submission of the application. It stated that if Petitioners failed to comply within the allowed time, the action would be dismissed without prejudice, meaning the dismissal would not bar refiling. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied in forma pauperis status for an appeal. Judge Jennifer L. Rochon issued the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.