Eastern District of New York • 2:26-cv-00680

Mohd v. Noem

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Case Information

Filed: February 06, 2026
Assigned to: Nusrat J. Choudhury
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: February 10, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 06, 2026
PETITION for Writ of Habeas Corpus, filed by Mirjan Mohd. Was the Disclosure Statement on Civil Cover Sheet completed -Yes,,(Bembi, Bruno) Modified on 2/6/2026 (SMF). (Entered: 02/06/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Feb 06, 2026
Civil Cover Sheet.. by Mirjan Mohd (Bembi, Bruno) (Entered: 02/06/2026)
Main Document: Proposed Summons/Civil Cover Sheet
#3
Feb 06, 2026
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (SMF) (Entered: 02/06/2026)
Main Document: Quality Control Check - Attorney Case Opening
#4
Feb 06, 2026
ORDER TO SHOW CAUSE: As set forth in the attached Order, Respondents are ORDERED to show cause why the Petition for Writ of Habeas Corpus should not be granted by Monday, February 9, 2026 at 2:00 PM. Petitioner's Reply, if any, shall be filed by Tuesday, February 10, 2026 at 10:00 AM. Respondents' response to this Order to show cause must identify the statutory basis they are asserting for detaining Petitioner, whether 8 U.S.C. § 1225(b)(1), 8 U.S.C. § 1225(b)(2), 8 U.S.C. § 1226(c), and/or some other provision of the Immigration and Nationality Act. Respondents must also include all documents material to Respondents' asserted statutory basis for detaining Petitioner in their filing. The parties are further ORDERED TO appear before this Court for a hearing on the petition on Tuesday, February 10, 2026 at 4:00 PM. The hearing will be held in Courtroom 1040 of the Alfonse D'Amato United States Courthouse, 100 Federal Plaza, Central Islip, New York, 11722. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Assn, Inc., 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).Additionally, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Southern District of New York, or the District of New Jersey absent further order of this Court. See Ozturk v. Trump, No. 25-cv-374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025); Westley v. Harper, No. 25-cv-229, ECF No. 7 (E.D. La. Feb. 2, 2025) (restraining respondents from (a) attempting to remove petitioner from the jurisdiction of the United States District Court for the Eastern District of Louisiana to any location outside [the] district, and (b) removing petitioner from the United States); Sillah v. Barr, No. 19-cv-1747, ECF No. 6 (S.D.N.Y. Feb. 25, 2019) (enjoining respondents from transferring defendant outside of the New York City area while defendant's habeas petition was pending); Campbell v. U.S. Immigr. & Customs Enf't, No. 20-cv-22999, ECF No. 13 (S.D. Fl. July 26, 2020) (granting a stay of petitioner's transfer and prohibiting respondent from transferring Petitioner to another detention facility during the pendency of the stay); 28 U.S.C. § 1651(a) (empowering courts to issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law). Within 24 hours of issuance of this Order, Petitioner's counsel must: (1) serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by email to the United States Attorney's Office for the Eastern District of New York and by overnight mail, and (2) promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. The Clerk of Court is directed to email the Petition to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 2/6/2026. (CQTH) (Entered: 02/06/2026)
Main Document: Order to Show Cause (Federal)
#5
Feb 06, 2026
NOTICE of Appearance by Marika Maris Lyons on behalf of Montgomery, Kristi Noem (aty to be noticed) (Lyons, Marika) (Entered: 02/06/2026)
Main Document: Notice of Appearance
#6
Feb 06, 2026
Letter in response to Order dated February 6, 2026 by Montgomery, Kristi Noem (Lyons, Marika) (Entered: 02/06/2026)
Main Document: Letter
Feb 06, 2026
Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SMF)
Feb 06, 2026
1 - Terminate Hearings AND Scheduling Order AND ~Util - Set Hearings
Feb 06, 2026
SCHEDULING ORDER. Due to a change in the Court's calendar, the Show Cause hearing currently scheduled for February 10, 2026 at 4:00 PM will now be held at 11:00 AM.Ordered by Judge Nusrat J. Choudhury on 2/6/2026. (CQTH)
Feb 06, 2026
ORDER. By February 6, 2026 at 11:59 PM, Respondents must file a letter on the Court's docket confirming where Mr. Mohd is presently being detained and confirming that he has not been transferred in violation of this Court's Order to Show Cause (ECF No. 4 ) and will not be transferred at any point prior to this Court's Show Cause hearing on February 10, 2026 at 4:00 PM. Respondents must also address whether Mr. Mohd has been or will be detained in 535 Federal Plaza, Central Islip, NY, and if so, the specific dates and times on which s/he has been or will be detained in this facility.The Clerk of Court is directed to email this Order to the Chief of the Civil Division of the U.S. Attorney's Office for the Eastern District of New York. Ordered by Judge Nusrat J. Choudhury on 2/6/2026. (CQTH)
Feb 06, 2026
Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)
Feb 06, 2026
Case Assigned to Judge Nusrat J. Choudhury. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SMF)
Feb 06, 2026
The case of Mohd v. Noem et al, has been opened in the Eastern District of New York. The case number is 2:26-cv-00680. PLEASE NOTE: You must pay the case filing fee within seven (7) days. Select the event (Civil Case Filing Fee) and pay online. (SMF)
Feb 06, 2026
Order(Other)
Feb 06, 2026
Quality Control Check - Summons
Feb 06, 2026
Case Assigned/Reassigned
Feb 06, 2026
Notice: Re: Incomplete Civil Cover Sheet
Feb 06, 2026
Notice to Pay Civil Filing Fee
#7
Feb 07, 2026
Letter by Mirjan Mohd (Bembi, Bruno) (Entered: 02/07/2026)
Main Document: Letter
#8
Feb 07, 2026
ORDER TO PRODUCE. The United States District Court for the Eastern District of New York commands U.S. Immigration and Customs Enforcement to have petitioner Mirjan Mohd, who is presently detained in the Metropolitan Detention Center, 80 29th Street, Brooklyn, NY 11232, to be brought under safe and secure custody to Courtroom 1040, before the Honorable Nusrat J. Choudhury, United States District Judge, at the United States Courthouse for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722, on Tuesday, February 10, 2026 at 11:00 AM.Ordered by Judge Nusrat J. Choudhury on 2/7/2026. (CQTH) (Entered: 02/07/2026)
Main Document: Order(Other)
Feb 07, 2026
ORDER. By February 9, 2026 at 12:00 PM, Petitioner's counsel must notify the Court in writing if an interpreter is needed for the February 10, 2026 hearing and, if so, what language interpretation the Petitioner requires. Ordered by Judge Nusrat J. Choudhury on 2/7/2026. (CQTH)
Feb 07, 2026
Order(Other)
#9
Feb 09, 2026
Letter by Mirjan Mohd (Bembi, Bruno) (Entered: 02/09/2026)
Main Document: Letter
#10
Feb 09, 2026
Response to Order to Show Cause
#11
Feb 09, 2026
Order(Other)
Main Document: Order(Other)
#12
Feb 10, 2026
Letter
Main Document: Letter
#13
Feb 10, 2026
Letter
Main Document: Letter
#14
Feb 10, 2026
Filing Fee Received
Main Document: Filing Fee Received