Western District of New York • 6:26-cv-06368

Danish v. Bausch

Completed

Case Information

Filed: March 30, 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: June 08, 2026
Last Activity: August 10, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 30, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5772113.), filed by Bakhtar Danish. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - I-94)(Borowski, Matthew) (Entered: 03/30/2026)
Main Document: Emergency PETITION
#2
Mar 30, 2026
Emergency MOTION for Temporary Restraining Order by Bakhtar Danish.(Borowski, Matthew) (Entered: 03/30/2026)
Main Document: Emergency MOTION
Mar 30, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)
#3
Mar 31, 2026
TEXT ORDER denying Petitioner's 2 Motion for 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 temporary restraining order). 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 3/30/2026. (KEF) (Entered: 03/31/2026)
#4
Mar 31, 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 April 2, 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 3/31/2026. (KLH) (Entered: 03/31/2026)
Mar 31, 2026
Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)
Mar 31, 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. (ARS)
#5
Apr 01, 2026
NOTICE of Appearance by Daniel Barrie Moar on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney (Moar, Daniel) (Entered: 04/01/2026)
Main Document: NOTICE
#6
Apr 01, 2026
Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney . (Moar, Daniel) (Entered: 04/01/2026)
Main Document: Letter
#7
Apr 01, 2026
TEXT ORDER adopting 6 the parties' proposed briefing schedule. Respondents shall respond to the petition by 4/16/2026. Petitioner's response is due by 4/23/2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 4/1/2026. (KEF) (Entered: 04/01/2026)
#8
Apr 16, 2026
MOTION to Dismiss by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Moar, Daniel) (Entered: 04/16/2026)
Main Document: MOTION
#9
Apr 16, 2026
RESPONSE in Opposition re 8 MOTION to Dismiss filed by Bakhtar Danish. (Borowski, Matthew) (Entered: 04/16/2026)
Main Document: RESPONSE
#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 07, 2026
Letter filed by Bakhtar Danish regarding Da Cunha binding precedent requiring granting of the Petition. (Borowski, Matthew) (Entered: 05/07/2026)
Main Document: Letter
#12
May 07, 2026
Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney Letter detailing why Second Circuit Da Cunha decision does not implicate this case. (Moar, Daniel) (Entered: 05/07/2026)
Main Document: Letter
#13
Jun 05, 2026
Letter filed by Bakhtar Danish requesting expedited decision. (Borowski, Matthew) (Entered: 06/05/2026)
Main Document: Letter
#14
Jun 08, 2026
ORDER granting 8 Motion to Dismiss. Signed by Hon. John L. Sinatra, Jr. on 6/8/2026. (DMK) (Entered: 06/08/2026)
Main Document: ORDER
#15
Jun 09, 2026
JUDGMENT in favor of James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons against Bakhtar Danish. Signed by Andrew W. Moeller, Clerk of Court on 6/9/2026. (DMK) (Entered: 06/09/2026)
Main Document: JUDGMENT
#16
Aug 07, 2026
NOTICE OF APPEAL as to 14 Order on Motion to Dismiss, 15 Judgment by Bakhtar Danish. Filing fee not received. (DMK) (Entered: 08/10/2026)
Main Document: NOTICE
#17
Aug 10, 2026
CLERKS CERTIFICATE/INDEX filed and electronically sent to Court of Appeals. (Attachments: # 1 Index)(DMK) (Entered: 08/10/2026)
Main Document: CLERKS