Western District of New York • 1:26-cv-00132

Mohammad v. Kurzdorfer

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Case Information

Filed: January 22, 2026
Assigned to: Lawrence Joseph Vilardo
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 27, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 22, 2026
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5690855.), filed by Waheed Allah Mohammad.(Haskos, Steven) (Entered: 01/22/2026)
Main Document: First
#2
Jan 22, 2026
CONTINUATION OF EXHIBITS by Waheed Allah Mohammad. to 1 Petition for Writ of Habeas Corpus Civil Cover Sheet filed by Waheed Allah Mohammad. (Haskos, Steven) (Entered: 01/22/2026)
Main Document: CONTINUATION
#3
Jan 23, 2026
TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Waheed Allah Mohammad. To maintain the status quo, and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted, the respondents are temporarily enjoined from removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also are enjoined from transferring the petitioner to any district outside the Western District of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/23/2026. (ZHM) (Entered: 01/23/2026)
#4
Jan 23, 2026
NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/23/2026)
#5
Jan 23, 2026
TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Waheed Allah Mohammad. Status conference set for 1/27/2026 at 11:00 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/23/2026. (ZHM) (Entered: 01/23/2026)
Jan 23, 2026
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK)
Jan 23, 2026
Status Conference set for 1/27/2026 at 11:00 AM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Issued by Hon. Lawrence J. Vilardo on 1/23/2026. (ZHM)
Jan 23, 2026
Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)
#6
Jan 26, 2026
NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/26/2026)
#7
Jan 27, 2026
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 1/27/2026. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court heard from parties regarding current custody issue of petitioner. Government's responses due by 2/10/2026. Petitioner's reply due by 2/13/2026. Court will schedule oral argument if necessary. Appearances by Teams Video Conference. For petitioner Theodore N. Cox. For respondents: AUSA Marvin J. Muller, III. (Court Reporter Laurel Tubbs.) (BK) Modified on 2/4/2026 to correct typographical error (ZHM). (Entered: 01/28/2026)
#8
Feb 10, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Pamela Bondi, David Kurzdorfer, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A)(Muller, Marvin) (Entered: 02/10/2026)
Main Document: RESPONSE
#9
Feb 12, 2026
REPLY/RESPONSE to re 8 Response to Habeas Petition, filed by Waheed Allah Mohammad. (Haskos, Steven) (Entered: 02/12/2026)
Main Document: REPLY/RESPONSE
#10
Mar 09, 2026
DECISION AND ORDER: For the reasons explained in this decision and order, Mohammad's petition, Docket Item 1 , is GRANTED. The government shall release Mohammad within 24 hours of the issuance of this order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/9/2026. (DDC)
Main Document: DECISION AND ORDER: For the reasons explained in this decision and order, Mohammad's petition, Docket Item 1 , is GRANTED. The government shall release Mohammad within 24 hours of the issuance of this order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/9/2026. (DDC)
#11
Mar 10, 2026
REPLY/RESPONSE to re 10 Decision and Order, filed by Pamela Bondi, David Kurzdorfer, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Muller, Marvin) (Entered: 03/10/2026)
Main Document: REPLY/RESPONSE
#12
Mar 10, 2026
Letter filed by Waheed Allah Mohammad . (Haskos, Steven) (Entered: 03/10/2026)
Main Document: Letter
#13
Mar 10, 2026
TEXT ORDER: The government has filed a letter, Docket Item 11, asking the Court to clarify its decision and order issued on March 9, 2026, Docket Item 10 . More specifically, the government asks "whether [Mohammad] can be subject to Alternatives to Detention technology in connection with his release from custody." Docket Item 11 . Mohammad filed a letter arguing that the government does not, and should not, have the authority to impose such conditions on Mohammad's release. Docket Item 12 .As this Court noted in its earlier decision in this case, "a petitioner whose order of supervision was not lawfully revoked under 8 C.F.R. § 241.4 is entitled to release under the conditions in the prior order." Docket Item 10 at 10-11 (citing Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 162, 170 (W.D.N.Y. 2025)). Because Mohammad's order of supervision was not properly revoked, he therefore must be released under the conditions in his prior order. Those conditions did not include electronic monitoring or other alternatives to detention. See Docket Item [8-3] at 25-29.The government is free to amend the conditions in Mohammad's order of supervision so long as it does so in accordance with the procedures in the relevant administrative regulations. In other words, nothing in this Court's order prevents the government from properly changing the conditions. But unless and until the government properly amends the order of supervision to include electronic monitoring or other alternatives to detention, Mohammad shall be released without any such conditions.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/10/2026. (DDC) (Entered: 03/10/2026)
#14
Mar 10, 2026
REPLY/RESPONSE to re 10 Decision and Order, filed by Pamela Bondi, David Kurzdorfer, Todd Lyons, Kristi Noem, U.S. Department of Homeland Security. (Muller, Marvin) (Entered: 03/10/2026)
Main Document: REPLY/RESPONSE
#15
Mar 27, 2026
TEXT ORDER re 14 Reply/Response filed by U.S. Department of Homeland Security, Kristi Noem, David Kurzdorfer, Todd Lyons, Pamela Bondi. The respondents have filed a letter, Docket Item 14, indicating that the petitioner was released in accordance with this Court's decision and order, Docket Item 10 . If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of the Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/27/2026. (DDC)Clerk to Follow up (Entered: 03/27/2026)

Parties

Kurzdorfer
Party
Mohammad
Party