Completed
Case Information
Filed: February 26, 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
Completed: May 18, 2026
Last Activity:
July 16, 2026
Parties:
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Docket Entries
#1
Feb 26, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5732449.), filed by Benjamin Kibamba. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - I-213)(Borowski, Matthew) (Entered: 02/26/2026)
#2
Feb 27, 2026
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Counsel shall confer regarding a briefing schedule on the petition and shall file a letter outlining their proposed briefing schedule by March 3, 2026. The Clerk of Court shall serve a copy of the petition (Dkt. 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<mailto:USANYW-Immigration-Habeas@ usdoj.gov>. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 2/27/2026. (MFE). (Entered: 02/27/2026)
#3
Feb 27, 2026
Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 02/27/2026)
Feb 27, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil case opening. (DDS)
Feb 27, 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)
#4
Mar 02, 2026
NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 03/02/2026)
#5
Mar 03, 2026
REPLY/RESPONSE to re 2 Text Order,, filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Muller, Marvin) (Entered: 03/03/2026)
Main Document:
REPLY/RESPONSE
#6
Mar 04, 2026
TEXT ORDER re the Respondents' 5 reply/response. Respondents' response to the Petition is due by April 3, 2026. Petitioner's reply, if any, is due by April 28, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/4/2026. (MFE). (Entered: 03/04/2026)
#7
Mar 30, 2026
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A)(Muller, Marvin) (Entered: 03/30/2026)
Main Document:
MOTION
#8
Mar 30, 2026
RESPONSE in Opposition re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Benjamin Kibamba. (Borowski, Matthew) (Entered: 03/30/2026)
Main Document:
RESPONSE
#9
Apr 29, 2026
NOTICE of Substitution of Government Attorney: Adam A. Khalil, appearing on behalf of Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney, is substituted in place of Marvin J Muller. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 04/29/2026)
#10
Apr 30, 2026
TEXT ORDER. In light of the Second Circuit's decision in Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), the parties shall file a status report by May 7, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/30/2026. (MFE). (Entered: 04/30/2026)
#11
May 01, 2026
Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/01/2026)
Main Document:
Letter
#12
May 06, 2026
Letter filed by Benjamin Kibamba regarding Da Cunha binding precedent requiring granting of the Petition. (Borowski, Matthew) (Entered: 05/06/2026)
Main Document:
Letter
#13
May 07, 2026
TEXT ORDER. Respondents may file a response to Petitioner's 12 letter by May 14, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/7/2026. (MFE). (Entered: 05/07/2026)
#14
May 18, 2026
DECISION AND ORDER that the Petitioner is detained under 8 U.S.C. § 1225(b)(2)(A) and, therefore, is not entitled to a bond hearing. Thus, Respondents' motion to dismiss is granted, and the petition is denied.The Clerk of Court shall close this case.Signed by Hon. John L. Sinatra, Jr. on 5/18/2026. (DDS) (Entered: 05/18/2026)
#15
May 18, 2026
JUDGMENT in favor of Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche, Todd Lyons against Benjamin Kibamba. Signed by Andrew W. Moeller, Clerk of Court, on 5/18/2026. (DDS) (Entered: 05/18/2026)
Main Document:
JUDGMENT
#16
Jul 15, 2026
NOTICE OF APPEAL as to 14 Decision and Order, 15 Judgment by Benjamin Kibamba. Filing fee $ 605, receipt number ANYWDC-5902756. (Borowski, Matthew) (Entered: 07/15/2026)
Main Document:
NOTICE
#17
Jul 15, 2026
DESIGNATION of Record on Appeal by Benjamin Kibamba re 16 Notice of Appeal CLERK TO FOLLOW UP (Borowski, Matthew) (Entered: 07/15/2026)
Main Document:
DESIGNATION
#18
Jul 16, 2026
CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (Attachments: # 1 Index)(DDS) (Entered: 07/16/2026)
Main Document:
CLERKS
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