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

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)

Mar 23, 2026

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

#5

Mar 25, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/25/2026)

#6

Mar 25, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney with proposed briefing schedule. (Khalil, Adam) (Entered: 03/25/2026)

#7

Mar 25, 2026

TEXT ORDER adopting 6 the parties' proposed briefing schedule. Respondents shall respond to the petition by 4/8/2026. Petitioner's response is due by 4/22/2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 3/25/2026. (KEF) (Entered: 03/25/2026)

#8

Apr 03, 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: 04/03/2026)

#9

Apr 07, 2026

RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hector Alcibar Tarco Chikiquinga. (Borowski, Matthew) (Entered: 04/07/2026)

#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. (KEF) (Entered: 04/30/2026)

#11

May 02, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney re Da Cunha applying to this case and requiring a bond hearing. (Khalil, Adam) (Entered: 05/02/2026)

#12

May 05, 2026

Letter filed by Hector Alcibar Tarco Chikiquinga regarding applicability of Da Cunha and requesting a burden-shifted bond hearing be ordered. (Borowski, Matthew) (Entered: 05/05/2026)

#13

May 06, 2026

SUMMARY ORDER denying 8 Motion to Dismiss; granting 1 Petition. Respondents are ordered to provide Petitioner with a bond hearing promptly and, in any case, no later than May 20, 2026. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 5/6/2026. (TME) (Entered: 05/07/2026)

#14

May 07, 2026

JUDGMENT in favor of Hector Alcibar Tarco Chikiquinga against James Bausch, Kristi Noem, Pamela Bondi, Philip Rhoney, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 5/7/2026. (TME) (Entered: 05/07/2026)