Western District of New York • 1:26-cv-00169
Kachur v. Freden, in his official capacity as ICE Deputy Field Office Director
Active
Case Information
Filed: January 29, 2026
Assigned to:
John Leonard Sinatra Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
January 29, 2026
Parties:
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Docket Entries
#1
Jan 29, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5698715.), filed by Harpal Singh Kachur.(Matemu, Japheth) (Entered: 01/29/2026)
Main Document:
PETITION
#2
Jan 29, 2026
*Please see Dkt. 4, for correct document* MOTION for Temporary Restraining Order by Harpal Singh Kachur.(Matemu, Japheth) Modified on 1/29/2026. (KLH) (Entered: 01/29/2026)
Main Document:
*Please
#3
Jan 29, 2026
CONTINUATION OF EXHIBITS by Harpal Singh Kachur. Civil Cover Sheet filed by Harpal Singh Kachur. (Matemu, Japheth) (Entered: 01/29/2026)
Main Document:
CONTINUATION
#4
Jan 29, 2026
CORRECTED MOTION for Temporary Restraining Order by Harpal Singh Kachur, re 2 MOTION for Temporary Restraining Order (Matemu, Japheth) Modified on 1/29/2026 to modify docket text. (KLH) (Entered: 01/29/2026)
Main Document:
CORRECTED
#5
Jan 29, 2026
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. He also seeks a temporary restraining order ("TRO"). Dkt. 4. The Court denies the portions of the TRO that request an order enjoining Respondents from (1) transferring Petitioner outside the Western District of New York, and (2) removing Petitioner from the United States pending resolution of the habeas petition, because the relevant statute bars the Court from enjoining removal, see 8 U.S.C. § 1252(g); Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999) (limiting Section 1252(g) to the "three discrete actions that the Attorney General may take" set forth explicitly in the statute: "to commence proceedings, adjudicate cases, or execute removal orders" (citation modified)), and the Court retains jurisdiction over the petition regardless of whether Petitioner is transferred, see Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). The Court will address the balance of the TRO motion when it resolves the petition. Counsel shall confer regarding a briefing schedule on the petition and the balance of the TRO motion, and shall file a letter outlining their proposed briefing schedule by February 2, 2026. The Clerk of Court shall serve a copy of the petition (Dkt. 1), the TRO motion (Dkt. 4), and a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/29/2026. (KLH) (Entered: 01/29/2026)
#6
Jan 29, 2026
Remark: Chambers emailed 1 Petition and 4 Motion for TRO to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 01/29/2026)
Jan 29, 2026
E-Filing Notification: Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5698715.), filed by Harpal Singh Kachur.(Matemu, Japheth) (DDS)
Jan 29, 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. (DDS)
Jan 29, 2026
E-Filing Notification: Incorrect.pdf file attached to entry. Action required: re-file entry with correct attachment and new proof of service 2 MOTION for Temporary Restraining Order (DDS)
Jan 29, 2026
Remark: Clerk left message for attorney advising of e-filing notifications. (DDS)
Jan 29, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online case opening. (DDS)
Parties
Freden, in his official capacity as ICE Deputy Field Office Director
Party
Kachur
Party