Southern District of New York • 1:26-cv-00392

#1

Jan 15, 2026

EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF. Document filed by Gjon Mhilli..(kgo) (Entered: 01/15/2026)

#2

Jan 15, 2026

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (kgo) (Entered: 01/15/2026)

#3

Jan 15, 2026

ORDER: On January 15, 2026, Petitioner, through his next friend Tommy Mhilli, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the petition in this action, hereby ORDERS that: (i)On or before January 16, 2026, the Government shall file a letter with the following information:a.Petitioner's A-number and current place of detention;b.The statutory provision(s) under which Respondents assert the authority to detain Petitioner;c.A copy of any final order of removal;d.Any information regarding the procedural posture of any pending Department of Homeland Security or Executive Office for Immigration Review proceedings; ande.An indication of whether this case is distinguishable from previous cases decided by this Court or any other Court in this district.See, e.g., Ortiz-Lopez v. Francis, No. 25 Civ. 7985 (KPF); Villarreal Obregon v. Francis, No. 25 Civ. 9465 (KPF).(ii)On or before January 20, 2026, the Government shall file an opposition as to why this petition for a writ of habeas corpus should not be granted.(iii)Petitioner shall have the opportunity to reply on or before January27, 2026.(iv)The parties shall appear for a conference regarding the petition on February 4, 2026, at 4:00 p.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York.Respondents shall produce Petitioner at this hearing. (v)To preserve the Court's jurisdiction pending a ruling on the petition,Petitioner shall not be removed from the United States without an order by this Court allowing such removal. See, e.g., M.K. v. Joyce,No. 25 Civ. 1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10,2025) ("To preserve the Court's jurisdiction pending a ruling on the petition, Petitioner shall not be removed unless and until the Court orders otherwise." (emphasis omitted)); Garcia-Izquierdo v. Gartner,No. 4 Civ. 7377 (RCC), 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17,2004) ("Under the All Writs Act, 28 U.S.C. § 1651, the Court may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case."). (vi)Moreover, to facilitate resolution of the petition, Petitioner shall not be transferred, except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. See Samb v. Joyce, No. 25 Civ. 6373 (DEH)(S.D.N.Y. Aug. 4, 2025) (Dkt. #3 at 2) (collecting cases in support of enjoining transfer of petitioner outside of the New York City area).(vii)The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued at the following email address:jeffrey.oestericher@usdoj.gov. shall email a copy of this Order totmhilli29@gmail.com, and to mail a copy of this Order to the following address:Tommy Mhilli, 5712 Norway Spruce Drive, Shelby Township, MI 48317. (ix)Next friend may receive court documents by email automatically by completing the Consent to Electronic Service form. Pamela Bondi answer due on 3/16/2026; LaDeon Francis answer due on 3/16/2026; Todd Lyons answer due on 3/16/2026; Kristi Noem answer due on 3/16/2026., Pamela Bondi answer due 3/16/2026; LaDeon Francis answer due 3/16/2026; Todd Lyons answer due 3/16/2026; Kristi Noem answer due 3/16/2026.( Responses due by 1/20/2026, Replies due by 1/27/2026., Show Cause Hearing set for 2/4/2026 at 04:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 1/15/2026) (rro) Transmission to Pro Se Assistants for processing. (Entered: 01/15/2026)

Jan 15, 2026

Note Regarding Service on Self-Represented Party

Jan 15, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)

Jan 15, 2026

Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)

Jan 15, 2026

Case Designated ECF. (kgo)

#4

Jan 16, 2026

NOTICE OF APPEARANCE by Allison Rovner on behalf of Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem..(Rovner, Allison) (Entered: 01/16/2026)

#5

Jan 16, 2026

HABEAS PACKAGE MAILED to Tommy Mhilli 5712 Norway Spruce Drive Shelby Twp, MI 48317, at, on 1/16/2026 Re: 3 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (nb) (Entered: 01/16/2026)

#6

Jan 16, 2026

LETTER addressed to Judge Katherine Polk Failla from AUSA Allison Rovner dated January 16, 2026 re: Court's order at ECF No. 3. Document filed by Pamela Bondi, LaDeon Francis, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit BIA Decision).(Rovner, Allison) (Entered: 01/16/2026)

Jan 16, 2026

Mailing Receipt

Jan 16, 2026

MAILING RECEIPT: Document No: 2-3. Mailed to: Gjon Mhilli 26 Federal Plaza New York, NY 10278. (nb)

#7

Jan 17, 2026

Notice of Appearance of Pro Bono Counsel

#8

Jan 17, 2026

Notice of Appearance of Pro Bono Counsel

#9

Jan 20, 2026

Request for Issuance of Summons

#10

Jan 20, 2026

Request for Issuance of Summons

#11

Jan 20, 2026

Request for Issuance of Summons

#12

Jan 20, 2026

Request for Issuance of Summons

#13

Jan 20, 2026

Response (non-motion)

#14

Jan 20, 2026

Declaration in Opposition (non-motion)

#15

Jan 20, 2026

Memorandum of Law in Opposition (non-motion)

Jan 20, 2026

Civil Case Opening Fee Payment: for 1 Petition for Writ of Habeas Corpus. Filing fee $ 5.00, receipt number ANYSDC-32282935..(Rosen, Diana)

Jan 20, 2026

Civil Case Opening Fee Payment

#16

Jan 21, 2026

Summons Issued

#17

Jan 21, 2026

Summons Issued

#18

Jan 21, 2026

Summons Issued

#19

Jan 21, 2026

Summons Issued

#20

Jan 23, 2026

Notice of Appearance of Pro Bono Counsel

#21

Jan 27, 2026

Reply Memorandum of Law in Support (non-motion)

#22

Jan 27, 2026

Declaration (non-motion)

#23

Feb 02, 2026

Letter

#24

Feb 03, 2026

Affidavit of Service Other

#25

Feb 04, 2026

Order

#26

Feb 04, 2026

Order

#27

Feb 04, 2026

Letter

Feb 04, 2026

Show Cause Hearing

#28

Feb 05, 2026

Memo Endorsement

#29

Feb 06, 2026

Judgment - Clerk