District of Hawaii • 1:26-cv-00053

#1

Feb 04, 2026

EMERGENCY PETITION FOR WRIT OF HABEAS CORPUS; With Emergency Stay of Removal and REQUEST for Temporary Restraining Order; REQUEST for Declaratory Judgment; Verification of Counsel; Exhibits "A"-"C" - filed by Viktor Mazeliah. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(cib) (Entered: 02/04/2026)

#2

Feb 04, 2026

Filing fee: $ 5.00, receipt number 7475 re 1 Petition for Writ of Habeas Corpus (cib) (Entered: 02/04/2026)

#3

Feb 04, 2026

Order Setting Rule 16 Scheduling Conference is set for 4/6/2026 at 09:00 AM before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/4/2026. (cib) (Entered: 02/04/2026)

#4

Feb 04, 2026

NOTICE TO PARTIES - Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: # 1 AO 398 Notice of Lawsuit and Request to Waive Service of a Summons, # 2 AO 399 Waiver of the Service of Summons)(cib) (Entered: 02/04/2026)

#5

Feb 05, 2026

EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/05/2026)

#6

Feb 05, 2026

EO: On 2/4/2026, Petitioner filed an 1 "Emergency Petition for Writ of Habeas Corpus; With Emergency Stay of Removal and Request for Temporary Restraining Order; Request for Declaratory Judgment." See ECF No. 1 (the "Petition"). To the extent Petitioner asks the Court to issue a temporary restraining order on an emergency ex parte basis, Petitioner has failed to meet the stringent standard under Rule 65(b)(1) of the Federal Rules of Civil Procedure. Petitioner neither (1) presents "specific facts in an affidavit or a verified complaint [that] clearly show that immediate and irreparable injury, loss, or damage will result to [him] before the adverse party can be heard in opposition"; nor (2) certifies in writing any efforts made to give notice and the reasons why it should not be required." See Fed. R. Civ. P. 65(b)(1); see also Reno Air Racing Ass'n., Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006).The Court DIRECTS Petitioner's counsel to (1) serve Respondents with a copy of the Petition and all accompanying papers, including the United States Attorney's Office for the District of Hawai`i; and (2) immediately file any proofs of such service. Counsel for Respondents shall promptly enter notices of appearance in this case. Once Respondents and the United States United States Attorney's Office for the District of Hawai`i have been served, or once proof of service is filed in the record, the Court will set a status conference. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/05/2026)

#7

Feb 09, 2026

Emergency MOTION for Temporary Restraining Order Fernando L. Cosio appearing for Petitioner Viktor Mazeliah (Cosio, Fernando) (Entered: 02/09/2026)

#8

Feb 10, 2026

Summons (Proposed) (Cosio, Fernando) (Entered: 02/10/2026)

#9

Feb 10, 2026

Summons (Proposed) (Cosio, Fernando) (Entered: 02/10/2026)

#10

Feb 10, 2026

Summons (Proposed) (Cosio, Fernando) Refiled at docket 13 on 2/10/2026 (afe). (Entered: 02/10/2026)

#11

Feb 10, 2026

Summons (Proposed) (Cosio, Fernando) (Entered: 02/10/2026)

#12

Feb 10, 2026

Summons (Proposed) (Cosio, Fernando) (Entered: 02/10/2026)

#13

Feb 10, 2026

Summons (Proposed) (Cosio, Fernando) (Main Document 13 replaced on 2/10/2026) (afe). (Entered: 02/10/2026)

#14

Feb 10, 2026

EO: A Status Conference is SET for 2/11/2026 at 03:15 PM in Aha Kanawai before JUDGE JILL A. OTAKE. The parties shall be prepared to address the following questions: (1) Does the petitioner have a pending appeal before the Bureau of Immigration Appeals?(2) If the answer to question #1 is yes, would an automatic stay apply? (3) If the answer to question #1 is no, is petitioner's notice of removal final? (4) Would the United States stipulate to a temporary stay of removal to maintain the status quo in order to discern the procedural and legal posture of this case? If the answer to question #4 is yes, the Court will set a briefing schedule at the status conference, and may do so in any event. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/10/2026)

#15

Feb 10, 2026

Summons Issued as to Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith. (Attachments: # 1 Issued Summons Polly Kaiser, # 2 Issued Summons Pamela Bondi, # 3 Issued Summons Kristi Noem, # 4 Issued Summons Jayci Roney)(cib) (Entered: 02/10/2026)

#16

Feb 10, 2026

EO: Although on 2/4/26, the Court indicated that it would not hold a status conference until service of the Petition was effectuated, in the interest of efficiency, and as a courtesy only, the Court DIRECTS the Clerk's Office to forward via email to the U.S. Attorney's Office for the District of Hawaii (at usahi.immigration-habeas-service@usdoj.gov) Petitioner's 7 Emergency Motion for Temporary Restraining Order in this matter. The Court INFORMS Mr. Corsio that it does not consider such email to constitute service. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/10/2026)

Feb 10, 2026

COURT'S CERTIFICATE of Service - a copy of 7 Motion for TRO has been served by email to usahi.immigration-habeas-service@usdoj.gov. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (cib)

#17

Feb 11, 2026

EP: Status Conference was held.Mr. Ching indicated that the Federal Government does not object to service and will file a notice of appearance following this hearing.The parties shall file briefs, not to exceed fifteen (15) pages, by 9:00 a.m. on February 12, 2026, addressing the questions in the entering order (ECF No. 14). Mr. Ching's brief shall also state the Government's position on stipulating to a temporary stay of removal to maintain the status quo pending further proceedings.The briefs shall also address whether the Court has jurisdiction to take any action in this matter, including analysis under 8 U.S.C. §§ 1252(a)(1), 1252(a)(5), and 1252(g), and the reference to Chapter 158 of Title 28 in § 1252(a)(1).The Court SETS a further status conference for 2/12/2026 at 10:00 a.m. in Aha Kanawai before Judge Jill A. Otake. (Reporter-James Pence-Aviles) (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/11/2026)

#18

Feb 12, 2026

OBJECTIONS to Answer to Writ by Viktor Mazeliah. (Cosio, Fernando) (Entered: 02/12/2026)

#19

Feb 12, 2026

Brief re; Jurisdictional Issues and Questions Posed by the Court; Certificate of Service. (Ching, Edric) (Entered: 02/12/2026)

#20

Feb 12, 2026

NOTICE of Appearance by Edric Ming-Kai Ching on behalf of Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith on behalf of Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith. (Ching, Edric) (Entered: 02/12/2026)

#21

Feb 12, 2026

EP: Further Status Conference was held.Discussion held.AUSA Ching reports that he has directed his clients not to remove Petitioner pending the outcome of the Court's decision as to its jurisdiction and the TRO.Court to issue written order. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/12/2026)

#22

Feb 13, 2026

CERTIFICATE OF SERVICE by Viktor Mazeliah, AFFIDAVIT of Service, filed by Viktor Mazeliah. (Cosio, Fernando) (Entered: 02/13/2026)

#23

Feb 18, 2026

Transmittal of Denial of Petitioner's Motion to Stay Removal from the Board of Immigration Appeals Received on 2/17/2026; and MOTION for Leave to File to Allow Further Briefing Under Local Rule 7.2 - filed Fernando L. Cosio appearing for Petitioner Viktor Mazeliah (Cosio, Fernando) Modified docket text on 2/19/2026 (cib). (Entered: 02/18/2026)

#24

Feb 18, 2026

EO: The Court GRANTS Petitioner Viktor Mazeliah's 23 Motion for Leave to Allow Further Briefing under Local Rule 7.2. Petitioner shall file a supplemental memorandum, not exceeding 7 pages, by 9:00 a.m. on 2/19/2026. Respondents shall file a response, not exceeding 7 pages, by noon on 2/20/2026. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/18/2026)

#25

Feb 18, 2026

REQUEST extension of time by Viktor Mazeliah. (Cosio, Fernando) (Entered: 02/18/2026)

#26

Feb 18, 2026

REQUEST extension of time by Viktor Mazeliah. (Cosio, Fernando) (Entered: 02/18/2026)

#27

Feb 18, 2026

EO: The Court GRANTS Petitioner Viktor Mazeliah's 25 Request for Extension of Time. His supplemental memorandum is now due by 9:00 a.m. on 2/20/2026. Respondents' response is now due by noon on 2/23/2026. Previously-imposed page limits apply. (JUDGE JILL A. OTAKE)(cgc) (Entered: 02/18/2026)

Feb 18, 2026

Order on Motion for Leave to File

#28

Feb 19, 2026

SUPPLEMENT MEMORANDUM: RE: EMERGENCY PETITION FOR EX-PARTE TEMPORARY RESTRAINING ORDER TO STAY HIS REMOVAL PENDING HIS APPEAL AT THE BIA by Viktor Mazeliah (Cosio, Fernando) Modified docket tex on 2/20/2026 (cib). (Entered: 02/19/2026)

#29

Feb 20, 2026

SUPPLEMENT by Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith 's Supplemental Brief Re: Petitioner's Request for Stay of Removal; Certificate of Service. (Attachments: # 1 Declaration James Dold)(Ching, Edric) (Entered: 02/20/2026)

Feb 20, 2026

ADVISORY ENTRY - Incomplete Case Number. Please be advised that Document 28 Supplement contains an incomplete case number CV 26-00063-JAO-WRP. For future filings please include the correct case number: CV 26-00053-JAO-WRP. No further action is necessary. (cib)

#30

Feb 26, 2026

MOTION to Expedite Advance Rule 16 Scheduling Conference Fernando L. Cosio appearing for Petitioner Viktor Mazeliah (Cosio, Fernando) (Entered: 02/26/2026)

#31

Feb 27, 2026

EO: Given the current posture of this case including the pending 7 Emergency Petition for Ex-Parte Temporary Restraining Order to Stay His Removal Pending His Appeal at the BIA, the Court DENIES 30 Petitioner's Motion to Advance the Rule 16 Scheduling Conference Presently Scheduled for April 6, 2026 at 9:00 AM to Earliest Possible Date. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 02/27/2026)

Feb 27, 2026

Order on Motion to Expedite

#32

Mar 04, 2026

EO: While the Court has already held multiple status conferences and ordered briefing regarding the 1 Emergency Petition for Writ of Habeas Corpus ("Petition") and 7 Emergency Motion for Temporary Restraining Order ("TRO"), the Court has so far not ordered an official response to the Petition. The Court now DIRECTS Respondents to file a response to the Petition by 3/6/2026. Petitioner may file an optional reply by 9:00 a.m. on 3/10/2026. The Court will determine whether to set a hearing upon completion of the briefing. Respondents should address the authority under which Petitioner is being detained and provide more detail regarding Petitioner's immigration proceedings, with particular emphasis on the precise nature of Petitioner's challenges to the immigration judge's in absentia removal order. While Respondents submit a declaration that Petitioner filed a Motion to Reconsider the in absentia order, see ECF No. 29-1 ¶ 15, there is also evidence that Petitioner filed a Motion to Reopen proceedings, see ECF Nos. 28 at 11, 18 at 16-17. At present, the Court lacks sufficient evidence to determine whether the in absentia order is a final order of removal. (JUDGE JILL A. OTAKE)(cgc) (Entered: 03/04/2026)

#33

Mar 05, 2026

EO: In light of the briefing schedule issued in this case, the Court VACATES the Telephonic Rule 16 Scheduling Conference set for 4/6/2026 at 9:00 a.m. before MAGISTRATE JUDGE WES REBER PORTER. This Conference will be rescheduled as appropriate. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 03/05/2026)

#34

Mar 06, 2026

RESPONSE to Petitioner's Emergency Petition for Writ of Habeas Corpus [ECF No. 1] and Emergency Motion for Temporary Restraining Order [ECF No. 7]; Certificate of Service; filed by Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith. (Attachments: # 1 Declaration of James Dold, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Ching, Edric) (Entered: 03/06/2026)

#35

Mar 09, 2026

MOTION to Vacate in absentia order of the immigration judge Fernando L. Cosio appearing for Petitioner Viktor Mazeliah (Cosio, Fernando) (Entered: 03/09/2026)

#36

Mar 10, 2026

Petitioner's Reply Legal Memorandum as Per Order ECF Docket No. 32 ; Declaration of Counsel; Exhibits "A throgh "E"; Certificate of Service - filed by Viktor Mazeliah (Cosio, Fernando) Modified docket text on 3/11/2026 (cib). (Entered: 03/10/2026)

#37

Mar 11, 2026

First REQUEST expedited early settlement conference by Viktor Mazeliah. (Cosio, Fernando) (Entered: 03/11/2026)

#38

Mar 11, 2026

EO: The parties' recent filings fail to provide the Court with sufficient information to determine whether there is a final order of removal against Petitioner. The Ninth Circuit has explained that in absentia removal orders become final when the BIA affirms such an order or 180 days after the entry of the order if the person seeking review does not file a motion to reopen. See Cui v. Garland, 13 F.4th 991, 996 (9th Cir. 2021); Bonilla v. Hermosillo, 2025 WL 3237854, at *2 (W.D. Wash. Nov. 19, 2025). In this case, there is evidence that the Immigration Judge did not accept Petitioner's purported motion(s) to reopen for filing, see ECF Nos. 34-2, 34-3, as was the case in Cui in which the Ninth Circuit concluded that the rejection of the filing meant that no motion to reopen had been timely filed. See Cui, 13 F.4th at 997998. But there is also evidence here that the Immigration Judge forwarded a motion to reopen to the BIA such that the matter is pending before the BIA. For example, on February 18, 2025, the immigration court forwarded a "Record of Proceeding" to the BIA "for consideration of" an "[a]ppeal of Immigration Judge decision on a motion to reopen." ECF No. 34-4. In denying Petitioner's request for a stay of removal, the BIA also alludes to the fact that Petitioner has a pending "appeal of the Immigration Judge's denial of the motion to reopen." See ECF No. 36 at 13. Further, Petitioner's counsel declares that an official at the BIA told him that the motion to reopen is part of the "record on appeal." See id. at 12. However, a file clerk at the BIA also stated that there were three motions pending before the BIA: an appeal of the Immigration Judge's denial of the motion to reconsider, a motion to remand, and a motion to rescind filed with the BIA. See id. A motion to reopen is not on that list.Respondents argue that there is no evidence that the Immigration Judge ever accepted a motion to reopen for filing. See ECF No. 34 at 10, 1314. But in support of that contention, they cite the Declaration of James Dold ¶ 33, which states that the Immigration Court forwarded the Record of Proceeding to the BIA for "consideration of the appeal of the Immigration Judge decision on a motion to reopen." ECF No. 34-1 ¶ 33 (citing ECF No. 34-4). The Court is confused as to why Respondents haven't simply provided the Court with the docket of what is pending before the BIA, and instead have relied on vague contentions and evidence that could be read to support Petitioner's position that his in absentia order of removal is not final.As such, in light of the contradictory evidence, the Court ORDERS Respondents to submit documentary evidence of what precisely is pending before the BIA at this time. The deadline to submit this evidence is 3/16/2026. (JUDGE JILL A. OTAKE)(tl) (Entered: 03/11/2026)

Mar 11, 2026

ADVISORY ENTRY - Exhibits Not Attached as Separate PDF'S - Please be advised that the exhibits included in Document 36 Supplement, are comprised of several exhibits and not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. No further action is necessary. (cib)

#39

Mar 12, 2026

EO: The Court reviewed 37 Petitioner's request for an expedited early settlement conference. It is unclear, however, whether counsel have engaged in settlement negotiations. Therefore, before deciding whether to set an early settlement conference, counsel are DIRECTED to discuss settlement, including a demand by Petitioner and a counteroffer by Respondent. Then counsel shall separately submit confidential settlement statements limited to two pages to porter_orders@hid.uscourts.gov no later than 3/19/2026. The statements shall include Petitioner's demand and Respondent's counteroffer, as well as each party's confidential position on settlement. After review of these statements, the Court will take further action. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 03/12/2026)

#40

Mar 16, 2026

RESPONSE ; Submission of Documents in Response to the Court's Minute Order Dated March 11, 2026 [ECF No. 38]; Certificate of Service, filed by Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith. (Attachments: # 1 Exhibit C1, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H, # 7 Exhibit I, # 8 Exhibit J, # 9 Exhibit K, # 10 Exhibit L)(Ching, Edric) (Entered: 03/16/2026)

#41

Mar 16, 2026

SUPPLEMENT by Viktor Mazeliah Letter to Judge Otake. (Attachments: # 1 Supplement, # 2 Supplement)(Cosio, Fernando) (Entered: 03/16/2026)

#42

Mar 16, 2026

AMENDED Letter addressed to Judge Otake - by Viktor Mazeliah. (Attachments: # 1 Supplement, # 2 Supplement)(Cosio, Fernando) Modified docket text on 3/17/2026 (cib). (Entered: 03/16/2026)

Mar 16, 2026

ADVISORY ENTRY-Incomplete Filing- Please be advised that Document 41 Supplement, was not filed in in its entirety. The filing party shall resubmit a corrected filing. (cib)

#43

Mar 17, 2026

Letter Brief from the AUSA Edric M. Ching. (Ching, Edric) (Entered: 03/17/2026)

#44

Mar 17, 2026

EO: In Respondents' 43 Letter Brief, counsel raises the possibility of the parties contacting the BIA "to request a written confirmation as to what issues are being currently being considered by the BIA," and asking the board to respond "by a mutually agreeable date." The Court takes no position on the proposal but DIRECTS the parties to file status reports to inform the Court of the following: (1) if the parties submit such a request to the BIA, (2) the date by which they request a response from the BIA, (3) the content of any response from the BIA, and (4) any other similar relevant information. The first status report is due 3/20/2026. The Court understands that Respondents will not remove Petitioner pending the outcome of the Court's decision as to its jurisdiction and the TRO. See ECF No. 21. The Court will not issue any order before reviewing the first status report. (JUDGE JILL A. OTAKE)(cgc) (Entered: 03/17/2026)

#45

Mar 17, 2026

EO: The Court reviewed the parties' settlement statements, which were requested in ECF No. 39. Based on the parties' settlement positions, the Court declines to schedule an Early Settlement Conference at this time. However, the Court will reach out to counsel separately to discuss their settlement positions. (MAGISTRATE JUDGE WES REBER PORTER) (jo) (Entered: 03/17/2026)

#46

Mar 18, 2026

STATUS REPORT Re: Inquiry to the Board of Immigration Appeals; Certificate of Service; by Pamela Bondi, Polly Kaiser, Kristi Noem, Jayci Roney, Michael J.D. Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Ching, Edric) (Entered: 03/18/2026)

#47

Mar 20, 2026

PETITIONER'S STATUS REPORT IN COMPLIANCE WITH EO DOCKET NO. 38 ORDER; FOR EMERGENCY PEITION FOR EX-PARTE TEMPORARY RESTRAINING ORDER TO STAY HIS REMOVAL PENDING HIS APPEAL AT THE BIA (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit B1)(Cosio, Fernando) Modified to add additional title of document to docket text on 3/23/2026 (cib). (Entered: 03/20/2026)

#48

Mar 24, 2026

Order

#49

Mar 24, 2026

NOTICE OF APPEAL by Viktor Mazeliah. Filing fee $ 605, receipt number AHIDC-3285731. (Cosio, Fernando) (USCA Case Number: 26-1799) Modified docket text to add USCA case number on 3/25/2026 (cib). (Entered: 03/24/2026)

#50

Mar 25, 2026

NOTICE of Docketing Record on Appeal/Time Scheduling Order from USCA re 49 Notice of Appeal filed by Viktor Mazeliah. (USCA Case Number: 26-1799) (cib) (Entered: 03/25/2026)