Western District of New York • 1:26-cv-00530

#1

Mar 21, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5760783.), filed by Hector Alcibar Tarco Chikiquinga. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 03/21/2026)

#2

Mar 21, 2026

Emergency MOTION for Temporary Restraining Order to prevent movement outside of jurisdiction by Hector Alcibar Tarco Chikiquinga.(Borowski, Matthew) (Entered: 03/21/2026)

Mar 21, 2026

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

#3

Mar 22, 2026

TEXT ORDER denying Petitioner's 2 Motion for a Temporary Restraining Order. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). The Court has considered Petitioner's additional arguments, but those arguments do not entitle him to a temporary restraining order here. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (moving party must establish: (1) a likelihood of irreparable harm absent preliminary relief; (2) a likelihood of success on the merits; (3) the balance of equities tipping in favor of the moving party; and (4) that the public interest is served by an injunction); see also Starbucks Corp. v. McKinney, 602 U.S. 339, 346 (2024) (The default rule is that a plaintiff seeking a preliminary injunction must make a clear showing that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.) (quoting Winter, 555 U.S. at 20); Jones v. Wolf, 467 F. Supp. 3d 74, 81 (W.D.N.Y. 2020) (the "same standard" governs consideration of an application for a TRO). His motion for a temporary restraining order enjoining his transfer during the pendency of these proceedings, therefore, is denied. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 3/22/2026. (KEF) (Entered: 03/22/2026)

#4

Mar 23, 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 3/25/2026. In their briefs, the parties shall address why Rivera Castillo v. Rhoney, No. 25-CV-1065 (JLS), 2026 WL 775995 (W.D.N.Y. Mar. 19, 2026), does or does not control. 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 3/23/2026. (KLH) (Entered: 03/23/2026)

Mar 23, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)

Mar 23, 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. (TMK)