Western District of New York • 6:26-cv-06396

#1

Apr 06, 2026

Emergency PETITION for Writ of Habeas Corpus (Filing fee $5.00 receipt number ANYWDC-5780806), filed by Maximino Pedro Soriano Bentanzos. (Attachments: # 1 Civil Cover Sheet) (Matemu, Japheth) Modified on 4/7/2026 (JHF). (Entered: 04/06/2026)

#2

Apr 06, 2026

Emergency MOTION for Temporary Restraining Order to Enjoin Respondents from Transferring Petitioner From the Jurisdiction by Maximino Pedro Soriano Bentanzos. (Matemu, Japheth) Modified on 4/7/2026 (JHF). (Entered: 04/06/2026)

#3

Apr 06, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1 . He also seeks a temporary restraining order ("TRO"). Dkt. 2 . The Court denies the portion of the TRO that requests an order enjoining Respondents from transferring Petitioner outside the Western District of New York because the Court retains jurisdiction over the petition regardless of whether Petitioner 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 will address the balance of the TRO motion when it resolves the petition. Counsel shall confer regarding a briefing schedule on the petition and the balance of the TRO motion, and shall file a letter outlining their proposed briefing schedule, by April 9, 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), the TRO motion (Dkt. 2), 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 4/6/2026. (MFE). (Entered: 04/06/2026)

Apr 06, 2026

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

#4

Apr 07, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem, Warden (Khalil, Adam) (Entered: 04/07/2026)

#5

Apr 07, 2026

Letter filed by Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem, Warden with proposed briefing schedule. (Khalil, Adam) (Entered: 04/07/2026)

Apr 07, 2026

Remark: Chambers emailed 1 Petition and 2 TRO motion to USANYW-Immigration-Habeas@usdoj.gov. (KLH)

Apr 07, 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)

#6

Apr 08, 2026

TEXT ORDER. The request in the 5 Letter is granted. Respondents' opposition to the Petition is due April 21, 2026. Petitioner's reply, if any, is due May 5, 2026. Unless any party indicates otherwise in writing by April 10, 2026, this schedule shall apply to the balance of the TRO application as well. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM) (Entered: 04/08/2026)

Apr 08, 2026

E-Filing Notification regarding 1 PETITION : Address listed on the document for Attorney Musa-Obregon is different from the address in the Court's database. Clerk's Office has updated the docket to match the filing document. ACTION REQUIRED: Attorney shall submit address update via PACER and file notice of change of address on any other pending matter in this district. (MMG)

#7

Apr 17, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem, Warden (Khalil, Adam) (Entered: 04/17/2026)

#8

Apr 17, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem, Warden. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 04/17/2026)

#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 Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem, Warden re Da Cunha decision. (Khalil, Adam) (Entered: 05/01/2026)

#11

May 08, 2026

ORDER denying 8 Motion to Dismiss. The 1 Petition is granted. 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. (DMK) (Entered: 05/08/2026)

#12

May 08, 2026

JUDGMENT in favor of Maximino Pedro Soriano Bentanzos against Warden, James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court on 5/8/2026. (DMK) (Entered: 05/08/2026)