Western District of New York • 6:26-cv-06263

#1

Mar 04, 2026

EMERGENCY PETITION for Writ of Habeas Corpus and MOTION FOR A TRO, filed by Oleg Zhuiko. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(TF) (Entered: 03/05/2026)

Mar 04, 2026

Filing fee: $ 5.00, receipt number 100009107. (TF)

Mar 04, 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (TF)

#2

Mar 06, 2026

ORDER TO SHOW CAUSE. The parties are directed to the document attached herein for relevant response deadlines. Respondents shall 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 3/6/2026. (MVP)This was mailed to: Petitioner. (Entered: 03/06/2026)

Mar 12, 2026

Remark: The Clerk's Office has emailed a copy of the petition and sent 2 Order to Show Cause as directed in the order. (LB)

#3

Mar 17, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility (Khalil, Adam) (Entered: 03/17/2026)

#4

Mar 17, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility. (Attachments: # 1 Memorandum in Support, # 2 Petition from EDNY (25-CV-04000-RPK))(Khalil, Adam) (Entered: 03/17/2026)

#5

Mar 17, 2026

CERTIFICATE OF SERVICE by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility re 4 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 3 Notice of Appearance (Khalil, Adam) (Entered: 03/17/2026)

#6

Mar 23, 2026

MOTION to Consolidate Cases by Oleg Zhuiko.(TF) (Entered: 03/24/2026)

#7

Mar 27, 2026

REPLY/RESPONSE to 4 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Oleg Zhuiko. (TF) (Entered: 03/27/2026)

#8

Mar 30, 2026

Letter filed by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility re Petitioner's Motion to Consolidate and Opposition to the Respondents' Motion to Dismiss. (Khalil, Adam) (Entered: 03/30/2026)

#9

Mar 30, 2026

CERTIFICATE OF SERVICE by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility re 8 Letter, (Khalil, Adam) (Entered: 03/30/2026)

#10

Apr 10, 2026

Letter filed by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility requesting that stay of removal be lifted or else decision on motions be expedited. (Khalil, Adam) (Entered: 04/10/2026)

#11

Apr 10, 2026

CERTIFICATE OF SERVICE by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility re 10 Letter, (Khalil, Adam) (Entered: 04/10/2026)

#12

Apr 13, 2026

TEXT ORDER granting 4 Motion to Dismiss on the ground that Petitioner has a pending 2241 petition in the Eastern District of New York that raises the same arguments.On March 4, 2026, pro se Petitioner filed an emergency petition for a writ of habeas corpus and a motion for a temporary restraining order while detained at the Buffalo Federal Detention Facility subject to a final order of removal. ECF No. 1. The Court issued an Order to Show Cause, enjoining Respondents from removing Petitioner from the United States and directing Respondents to show cause within 14 days why the petition should not be granted. ECF No. 2. According to the petition, an immigration official advised Petitioner that he would be removed from the United States on March 8, 2026. Petitioner alleges that he did not receive a written designation of the country of removal and was not afforded an opportunity to seek protection from removal to that newly designated third country in violation of his due process rights. Petitioner also alleges that his removal is not reasonably foreseeable under Zadvydas v. Davis, 533 U.S. 678 (2001). In their return, Respondents filed a motion to dismiss, arguing that the Court lacks jurisdiction and the petition is duplicative of a petition currently pending in the Eastern District of New York, Zhuiko v. Tellez, No. 1:25-cv-04000-RPK. ECF No. 4-1 ("EDNY action"), which was commenced in July 2025. Petitioner responded by filing a motion to consolidate the instant action with the EDNY action, claiming that while both petitions arise out of his current custody and involve related factual background, they present different legal claims. ECF No. 6. Petitioner also filed an opposition to the motion to dismiss, arguing that the Court should construe his subsequently filed petition as a motion to amend the pending § 2241 petition.The Court rejects Petitioner's argument. The operative pleading that Petitioner wishes to amend is currently pending in the EDNY. To the extent Petitioner wishes to amend that petition, he should file a motion with the EDNY. Accordingly, the Court dismisses the petition as duplicative of a pending action and grants the motion to dismiss. See Esposito v. Ashcroft, 392 F.3d 549, 550 (2d Cir. 2004)("Under the common law 'abuse of the writ' doctrine, a court need not entertain a petition that abuses the habeas process. One frequently recognized indicator of abusiveness is whether the petitioner could have asserted his present claims in his prior petition."). The Clerk is directed to close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/13/2026. (MVP)This was mailed to: Petitioner.Clerk to Follow up (Entered: 04/13/2026)

Apr 13, 2026

E-Filing Notification: 10 Letter filed by ICE Buffalo Field Office Director, Alejandro Mayorkas, Secretary, U.S. Department of Homeland Security, Warden, Buffalo Federal Detention Facility requesting that stay of removal be lifted or else decision on motions be expedited. This document contains a request for relief and should be filed as a motion. ACTION REQUIRED: Re-file document using the motion event. (TF)

#13

Apr 14, 2026

JUDGMENT dismissing Petition. Signed by Clerk of Court on 4/14/2026. (TF)This was mailed to: Petitioner. (Entered: 04/14/2026)