Western District of New York • 1:26-cv-00484

#1

Mar 15, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5751591.), filed by Jefferson Desir. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 03/15/2026)

Mar 16, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)

Mar 16, 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. (LB)

#2

Mar 17, 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 19, 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. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/17/2026. (MFE). (Entered: 03/17/2026)

#3

Mar 17, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 03/17/2026)

#4

Mar 18, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/18/2026)

#5

Mar 18, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney with proposed briefing schedule. (Khalil, Adam) (Entered: 03/18/2026)

#6

Mar 19, 2026

TEXT ORDER adopting the parties' 5 proposed briefing schedule: Respondents' response is due by March 30, 2026, and Petitioner's reply is due by April 13, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/19/2026. (MFE). (Entered: 03/19/2026)

#7

Mar 25, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 03/25/2026)

#8

Mar 25, 2026

RESPONSE in Opposition re 7 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jefferson Desir. (Borowski, Matthew) (Entered: 03/25/2026)

#9

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)

#10

May 01, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney re Da Cunha decision. (Khalil, Adam) (Entered: 05/01/2026)

#11

May 06, 2026

Letter filed by Jefferson Desir regarding Da Cunha binding precedent requiring granting of the Petition. (Borowski, Matthew) (Entered: 05/06/2026)

#12

May 08, 2026

SUMMARY ORDER the petition (Dkt. 1) is granted. Per da Cunha, Petitioner is detained under 8 U.S.C. § 1226(a) and, therefore, is entitled to a bond hearing under the relevant regulations. Respondents' motion to dismiss (Dkt. 7) is DENIED. Respondents are ordered to provide Petitioner with a bond hearing promptly and, in any case, no later than May 22, 2026. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 5/8/2026. (DDS) (Entered: 05/08/2026)

#13

May 08, 2026

JUDGMENT in favor of Jefferson Desir against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Hon. John L. Sinatra, Jr. on 5/8/2026. (DDS) (Entered: 05/08/2026)

#14

Jul 15, 2026

MOTION to Enforce Judgment by Jefferson Desir. (Attachments: # 1 Exhibit A - Bond Denial Order)(Borowski, Matthew) (Entered: 07/15/2026)

#15

Jul 16, 2026

TEXT ORDER re 14 Motion to Enforce Judgment. Any response from Respondents is due by July 23, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/16/2026. (MFE). (Entered: 07/16/2026)

#16

Jul 22, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney with copy of bond hearing transcript. (Khalil, Adam) (Entered: 07/22/2026)

#17

Jul 23, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney opposing Petitioner's Motion to Enforce. (Khalil, Adam) (Entered: 07/23/2026)

#18

Jul 23, 2026

TEXT ORDER. For the reasons Respondents set forth in Dkt. 17, Petitioner's motion to enforce judgment, Dkt. 14, is denied. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/23/2026. (MFE). (Entered: 07/23/2026)