Southern District of New York • 1:26-cv-00662
Mohamed Lemine v. Francis
Active
Case Information
Filed: January 26, 2026
Assigned to:
Paul Adam Engelmayer
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241fd Petition for Writ of Habeas Corpus (Federal)
Active
Last Activity:
February 03, 2026
Parties:
View All Parties →
Docket Entries
#1
Jan 26, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32314046) Request for emergency relief to be separately filed..Document filed by Sidi Mohamed Mohamed Lemine. (Attachments: # 1 Exhibit Ex. 1, ICE Detainee Locator).(Bianco, Joseph) (Entered: 01/26/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jan 26, 2026
CIVIL COVER SHEET filed..(Bianco, Joseph) (Entered: 01/26/2026)
Main Document:
Civil Cover Sheet
#3
Jan 26, 2026
ORDER: The Court, having examined the petition in this action, Dkt. 1, which petitioner filed pursuant to 28 U.S.C. § 2241, hereby ORDERS that: 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 issued, including at the following email address: jeffrey.oestericher@usdoj.gov. By Thursday, January 29, 2026, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. This filing should address, inter alia, whether the facts of this case are materially distinguishable from those in the Court's recent decision in Yao v. Almodovar, ___ F. Supp. 3d. ___, 2025 WL 3653433 (S.D.N.Y. Dec. 17, 2025). Petitioner may file reply papers, if any, by Monday, February 2, 2026. To preserve the Court's jurisdiction pending a ruling on the petition, petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Du v. U.S. Dep't of Homeland Sec., No. 25 Civ. 644, 2025 WL 1317944, at *1 (D. Conn. Apr. 24, 2025) (enjoining defendants from "removing any Plaintiffs or putative class members from the District of Connecticut, and from deporting them from the United States" because "a federal court may temporarily enjoin immigration authorities from deporting individuals if it preserves the court's jurisdiction over a case or cases"); Ozturk v. Hyde, No. 25 Civ. 10695, 2025 WL 1009445, at *11 (D. Mass. Apr. 4, 2025) ("To allow the Court's resolution of its jurisdiction to decide the Petition, Ozturk shall not be removed from the United States until further Order of this Court." (citation omitted)); Leuthavone v. Salisbury, No. 97 Civ. 556, 2025 WL 1135588, at *2 (D.R.I. Apr. 17, 2025) (granting a stay of removal "to maintain the status quo and preserve the Court's ability to adjudicate the habeas petition"); Khalil v. Joyce, No. 25 Civ. 1935, 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 from the United States unless and until the Court orders otherwise."); see also Local 1814, Intern. Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act, 28 U.S.C. § 1651, authorizes a federal court to protect that jurisdiction." (cleaned up)); Garcia- Izquierdo v. Gartner, No. 4 Civ. 7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sept. 17, 2004) (under the All Writs Act, a district court "may order that a petitioner's deportation be stayed... when a stay is necessary to preserve the Court's jurisdiction of the case"); cf. Michael v. I.N.S., 48 F.3d 657, 66162 (2d Cir. 1995) (All Writs Act provides federal court of appeals reviewing a final removal order with basis to stay removal). Pamela Bondi answer due on 1/29/2026; LaDeon Francis answer due on 1/29/2026; Todd M. Lyons answer due on 1/29/2026; Kristi Noem answer due on 1/29/2026. (Signed by Judge Paul A. Engelmayer on 1/26/2026) (tro) (Entered: 01/26/2026)
Main Document:
Order to Answer, 28 U.S.C. 2241
Jan 26, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)
Jan 26, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Joseph Bianco. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)
Jan 26, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Bianco. The party information for the following party/parties has been modified: All Respondents. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp)
Jan 26, 2026
Notice to Attorney Regarding Party Modification
Jan 26, 2026
Notice to Attorney to Submit/File Civil Cover Sheet
Jan 26, 2026
Case Opening Initial Assignment Notice
Jan 26, 2026
Case Designated ECF. (gp)
Jan 26, 2026
Magistrate Judge Sarah Netburn 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. (gp)
#4
Jan 27, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Pamela Bondi, LaDeon Francis, Todd M. Lyons, Kristi Noem..(Waterman, Brandon) (Entered: 01/27/2026)
Main Document:
NOTICE
#5
Jan 29, 2026
Letter
Main Document:
Letter
#6
Feb 02, 2026
Notice of Voluntary Dismissal
Main Document:
Notice of Voluntary Dismissal
#7
Feb 03, 2026
Notice of Voluntary Dismissal
Main Document:
Notice of Voluntary Dismissal
Feb 03, 2026
Notice to Attorney Regarding Deficient Voluntary Dismissal
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