Western District of New York • 1:26-cv-00686

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5781672.), filed by Abdul Masoud Faziyar. (Attachments: # 1 Civil Cover Sheet)(Faulkner, Inessa) (Entered: 04/07/2026)

Apr 08, 2026

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

Apr 08, 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 09, 2026

ORDER that by May 26, 2026, Respondents shall file and serve an answer and memorandum of law or a motion to dismiss; Petitioner shall have until June 23, 2026 to file a written response. The Clerk of Court shall serve a copy of the petition and 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 4/9/2026. (TMK) (Entered: 04/09/2026)

Apr 09, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 2 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TMK)

#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 06, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Thomas Brophy, Todd Lyons, Markwayne Mullin. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/06/2026)

#5

May 06, 2026

Letter filed by Todd Blanche, Thomas Brophy, Todd Lyons, Markwayne Mullin re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/06/2026)

#6

May 06, 2026

STATUS REPORT by Abdul Masoud Faizyar. (Faulkner, Inessa) (Entered: 05/06/2026)

#7

May 21, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Blanche, Thomas Brophy, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 05/21/2026)

#8

May 27, 2026

RESPONSE in Opposition re 7 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abdul Masoud Faizyar. (Faulkner, Inessa) (Entered: 05/27/2026)

#9

Jun 01, 2026

DECISION AND ORDER granting 7 Motion to Dismiss. Signed by Hon. John L. Sinatra, Jr. on 6/1/2026. (CGJ) (Entered: 06/01/2026)

#10

Jun 01, 2026

VACATED per Text Order #15: JUDGMENT in favor of Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons against Abdul Masoud Faizyar. Signed by Andrew W. Moeller, Clerk of Court on 6/1/2026. (CGJ) Modified on 6/22/2026 (TME). (Entered: 06/01/2026)

#11

Jun 12, 2026

MOTION to Amend/Correct 10 Judgment by Abdul Masoud Faizyar.(Faulkner, Inessa) (Entered: 06/12/2026)

#12

Jun 15, 2026

TEXT ORDER re Petitioner's 11 motion to amend or correct the judgment. The Government's opposition is due by June 29, 2026. Petitioner's reply is due July 8, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/15/2026. (MFE). (Entered: 06/15/2026)

#13

Jun 16, 2026

Letter filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney joining in Motion for Reconsideration and acknowledging applicability of Da Cunha. (Khalil, Adam) (Entered: 06/16/2026)

#14

Jun 16, 2026

REPLY to Response to Motion re 11 MOTION to Amend/Correct 10 Judgment filed by Abdul Masoud Faizyar. (Faulkner, Inessa) (Entered: 06/16/2026)

#15

Jun 18, 2026

TEXT ORDER re Petitioner's 11 motion to amend/correct the 10 judgment. Petitioner's motion is granted to the extent that it requests for the judgment to be vacated and to the extent that it requests a bond hearing. The Government has conceded that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) and is entitled to a bond hearing under Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Dkt. 13 . Accordingly, the parties shall submit more fulsome briefing addressing whether Petitioner's detention has now become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020) by July 2, 2026, at which time a bond hearing will be ordered. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/18/2026. (MFE). Clerk to Follow up (Entered: 06/18/2026)

#16

Jun 25, 2026

REPLY/RESPONSE to re 15 Text Order,,,, Terminate Motions,,, re burden at bond hearing filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/25/2026)

#17

Jun 25, 2026

MOTION for Leave to File Supplemental memorandum / Sur-reply by Abdul Masoud Faizyar. (Attachments: # 1 Memorandum in Support)(Faulkner, Inessa) (Entered: 06/25/2026)

#18

Jun 26, 2026

TEXT ORDER. The Court grants Petitioner's motion to file the supplemental memorandum at Dkt. 17 . The Government has conceded that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. See Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Dkt. 13. 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' motion to dismiss (Dkt. 7) is now denied, and Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than July 10, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/26/2026. (MFE).Clerk to Follow up (Entered: 06/26/2026)

#19

Jun 29, 2026

JUDGMENT in favor of Abdul Masoud Faizyar against Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 6/29/2026. (TME) (Entered: 06/29/2026)

#20

Jul 08, 2026

MOTION to Enforce Judgment by Abdul Masoud Faizyar. (Attachments: # 1 Memorandum in Support)(Faulkner, Inessa) (Entered: 07/08/2026)

#21

Jul 09, 2026

TEXT ORDER re 20 MOTION to Enforce Judgment. Any response from Respondents is due by July 16, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 7/9/2026. (TDM) (Entered: 07/09/2026)

#22

Jul 16, 2026

Letter filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney in response to Petitioner's letter regarding the bond hearing. (Khalil, Adam) (Entered: 07/16/2026)

#23

Jul 17, 2026

TEXT ORDER. For the reasons identified by Respondents in Dkt. 22, Petitioner's motion to enforce judgment is DENIED. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/17/2026. (MFE). (Entered: 07/17/2026)