Western District of New York • 1:26-cv-00311

#1

Feb 19, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5724086.), filed by Mohammed Usama Yousif Al Nassar. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - Order of the Immigration Judge, # 3 Exhibit B - Fingerprinting Applicant Information Worksheet, # 4 Exhibit C - Decision to Continue Detention)(Borowski, Matthew) (Entered: 02/19/2026)

Feb 20, 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. (NRE)

Feb 20, 2026

Case Assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil case opening. (NRE)

#2

Feb 23, 2026

TEXT ORDER TO SHOW CAUSE. Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 19, 2026, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). The petition indicates that Petitioner "has lived in the United States since he was a fifteen year old child who arrived as a refugee from war-torn Iraq in 2010...." ECF No. 1, Paragraph 4. The petition also indicates that Petitioner had been released on an order of supervision since 2019, and that he complied with all conditions of that order until he was re-detained on January 9, 2026. ECF No. 1, Paragraphs 18-21. Among other things, Petitioner seeks a writ of habeas corpus requiring that Respondents release him immediately. ECF No. 1.28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Accordingly, Respondents are hereby:ORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by any relevant exhibits helpful to resolution of this Petition and a supporting declaration as necessary; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, 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; and it is furtherORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response.Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless the application for the writ and the return present only issues of law, the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is furtherORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 02/23/2026. (JCL)Clerk to Follow up (Entered: 02/23/2026)

Feb 23, 2026

Remark: Clerk emailed Dkt #1 Petition to USANYW-ImmigrationHabeas@usdoj.gov and served a copy of the Dkt #2 Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office. (NRE)

#3

Mar 04, 2026

NOTICE of Appearance by Daniel Barrie Moar on behalf of Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Moar, Daniel) (Entered: 03/04/2026)

#4

Mar 04, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney . (Moar, Daniel) (Entered: 03/04/2026)

#5

Mar 05, 2026

TEXT ORDER EXTENDING RESPONDENTS' TIME BY 7 DAYS. The Court is in receipt of Respondents' letter seeking an extension of time to respond to the petition in this action. ECF No. 4. Respondents must file their response to the petition on or before March 16, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 03/05/2026. (JCL) (Entered: 03/05/2026)

#6

Mar 16, 2026

MOTION to Dismiss by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Memorandum in Support)(Moar, Daniel) (Entered: 03/16/2026)

#7

Mar 23, 2026

RESPONSE in Opposition re 6 MOTION to Dismiss filed by Mohammed Usama Yousif Al Nassar. (Borowski, Matthew) (Entered: 03/23/2026)

#8

May 01, 2026

TEXT ORDER The Clerk of Court shall reassign this matter to another judge for all further proceedings. Signed by Hon. Meredith A. Vacca on 5/1/2026. (LB) (Entered: 05/01/2026)

May 01, 2026

DESIGNATION of United States Judge for Service within the Circuit. Case reassigned to Senior Circuit Judge Richard C Wesley; Hon. Meredith A. Vacca no longer assigned to the case. (LB)

#9

Jun 23, 2026

DECISION AND ORDER denying 6 Motion to Dismiss filed by the Respondents. The Respondents shall file an answer responding to the allegations of the petition within 21 days of the date of this decision. Along with that answer, the Respondents shall file and serve a memorandum of law addressing each of the issues raised in the petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act. Petitioner shall respond within 14 days of the date of the Respondents' answer. SO ORDERED. Signed by Judge Richard C. Wesley on 6/23/2026. (CRCT)Clerk to Follow up to update case caption (Entered: 06/23/2026)

#10

Jul 14, 2026

Answer and Return in RESPONSE to 1 Petition for Writ of Habeas Corpus, by Todd Blanche, Tammy Marich, Markwayne Mullin, Philip Rhoney, David J. Venturella. (Attachments: # 1 Exhibit 1 (Kloosterman Declaration), # 2 Exhibit 1(A) (Internal Exhibit A to Kloosterman Declaration), # 3 Exhibit 2, # 4 Memorandum in Support)(Moar, Daniel) (Entered: 07/14/2026)

#11

Jul 17, 2026

REPLY/RESPONSE to re 10 Response to Habeas Petition, filed by Mohammed Usama Yousif Al Nassar. (Borowski, Matthew) (Entered: 07/17/2026)

#12

Aug 24, 2026

DECISION AND ORDER: For the reasons stated in this decision and order, the 1 Petition for Writ of Habeas Corpus is GRANTED. Within 24 hours of the issuance of this order, Respondents shall release Petitioner from custody. Respondents shall certify compliance with this order within three days of the date of this order. SO ORDERED. Signed by Hon. Richard C. Wesley on 8/24/2026. (CRCT) (Entered: 08/24/2026)

#13

Aug 28, 2026

NOTICE by Todd Blanche, Tammy Marich, Markwayne Mullin, Philip Rhoney, David J. Venturella Certification of Compliance (Moar, Daniel) (Entered: 08/28/2026)

#14

Aug 28, 2026

TEXT ORDER re 13 Certification of Compliance filed by Respondents. Respondents have filed a notice confirming that Petitioner was released in accordance with this Court's Decision and Order, Docket Item 12 . The Clerk of the Court shall enter judgment and close this case. SO ORDERED. Issued by Hon. Richard C. Wesley on 8/28/2026. (CRCT)Clerk to Follow up (Entered: 08/28/2026)

#15

Aug 31, 2026

JUDGMENT in favor of Mohammed Usama Yousif Al Nassar against David J. Venturella, Markwayne Mullin, Philip Rhoney, Tammy Marich, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 8/31/26. (DDS) (Entered: 08/31/2026)