Western District of New York • 1:26-cv-00635

#1

Mar 31, 2026

Emergency PETITION for Writ of Habeas Corpus AND INCORPORATED MEMORANDUM OF LAW ( Filing fee $ 5 receipt number ANYWDC-5772380.), filed by BOUBACAR NDOUR. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Detainee Locator, # 3 Exhibit NTA)(Ramini, Vilena) (Entered: 03/31/2026)

Apr 01, 2026

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

Apr 01, 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. (MMG)

#2

Apr 03, 2026

ORDER that by May 18, 2026, Respondents shall file and serve an answer and memorandum of law. By May 18, 2026, instead of an answer, Respondents may file a motion to dismiss the petition. Petitioner's written response to Respondents' answer or motion to dismiss is due by June 12, 2026. The Clerk of Court shall serve a copy of the petition, together with a copy of this 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. Signed by Hon. John L. Sinatra, Jr. on 4/3/2026. (JLH) (Entered: 04/03/2026)

Apr 03, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov (JLH)

#3

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)

#4

May 07, 2026

TEXT ORDER. The Court received an informal request from Respondents' counsel for a one-day extension of time to file a status report because this case "require(s) additional information from ICE." Under the circumstances and due to the short duration of the adjournment, the Court grants the request. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/7/2026. (MFE). (Entered: 05/07/2026)

#5

May 08, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/08/2026)

#6

May 08, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/08/2026)

#7

May 08, 2026

REPLY/RESPONSE to re 6 Letter filed by Boubacar Ndour. (Attachments: # 1 Exhibit Motion to Remand, # 2 Exhibit EOIR-33, # 3 Exhibit EOIR PORTAL, # 4 Exhibit CHANGE OF VENUE, # 5 Exhibit Detainee Locator)(Ramini, Vilena) (Entered: 05/08/2026)

#8

May 18, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 05/18/2026)

#9

Jun 12, 2026

RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Boubacar Ndour. (Ramini, Vilena) (Entered: 06/12/2026)

#10

Jun 15, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney withdrawing Respondents' Motion to Dismiss and acknowledging applicability of Da Cunha. (Khalil, Adam) (Entered: 06/15/2026)

#11

Jun 15, 2026

TEXT ORDER. The Government has withdrawn its motion to dismiss and conceded that Petitioner is entitled to a bond hearing under Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Dkt. 10. Because Petitioner's detention has not become "prolonged" under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than June 29, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/15/2026. (MFE).Clerk to Follow up (Entered: 06/15/2026)

#12

Jun 16, 2026

JUDGMENT in favor of Boubacar Ndour against Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 6/16/2026. (DDS) (Entered: 06/16/2026)