Eastern District of New York • 1:26-cv-00856

#1

Feb 13, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-19911061, filed by Pamela Bondi, Kristi Noem, Judith Almodovar, Raul Maldonado, Todd M. Lyons. (Attachments: # 1 Civil Cover Sheet) (Goldman, Michael) (Entered: 02/13/2026)

#2

Feb 13, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 02/13/2026)

#3

Feb 13, 2026

MOTION for Order to Show Cause by Md Tufael Islam Khan Shohag. (Attachments: # 1 Proposed Order) (Goldman, Michael) (Entered: 02/13/2026)

Feb 13, 2026

Case Assigned to Judge Pamela K. Chen. 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. (KD)

Feb 13, 2026

Case Assigned/Reassigned

#4

Feb 16, 2026

ORDER TO SHOW CAUSE: Upon review of Petitioner Md Tufael Islam Khan Shohag's Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241, (Dkt. 1), it is hereby ordered that: 1.Respondents shall, by 6:00 p.m. on February 20, 2026, show cause in writing why a writ of habeas corpus should not be issued and why Petitioner should not be immediately released. See 28 U.S.C. § 2243. If Respondents contend that Petitioner is detained under a statute other than 8 U.S.C. § 1226(a), their response must state what facts, if any, distinguish Petitioner's case from the vast majority of district court cases that have disagreed with Respondents' contention. See Barco Mercado v. Francis, — F. Supp. 3d. —, No. 25-CV-6582 (LAK), 2025 WL 3295903, at *4, *13–14 (S.D.N.Y. Nov. 26, 2025) (collecting cases); O.F.C. v. Almodovar, No. 25-CV-9816 (LJL), 2026 WL 74262, at *5 (S.D.N.Y. Jan. 9, 2026) (explaining that courts have consistently found that § 1226(a) applies to noncitizens who entered without inspection and were later apprehended within the country).2. To preserve the Court's jurisdiction pending a ruling on the Petition, Respondents are restrained from removing Petitioner from the United States, until further order of this Court. See M.K. v. Joyce, No. 25-CV-1935 (JMF), 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025) (collecting cases ordering same). 3. Furthermore, considering Petitioner's interest in participating in proceedings before this Court and maintaining adequate access to legal counsel, Respondents are restrained from transferring Petitioner to a facility outside of this District absent further order of this Court. See Samb v. Joyce, No. 25-CV-6374 (DEH) (S.D.N.Y. Aug. 4, 2025) (Dkt. 3) (collecting cases ordering same); 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"). Ordered by Judge Pamela K. Chen on 2/14/2026. (ABB) (Entered: 02/14/2026)

#5

Feb 20, 2026

Letter

#6

Feb 21, 2026

Letter