Western District of Kentucky • 5:26-cv-00098

Minaey v. Smith

Completed

Case Information

Filed: April 08, 2026
Assigned to: Benjamin Beaton
Referred to: Leo Landsen King
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 14, 2026
Last Activity: August 17, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 08, 2026
PETITION for Writ of Habeas Corpus filed by Seyed Reza Minaey. ( Filing fee $ 5 receipt number AKYWDC-4492092.) (Attachments: # 1 Cover Sheet, # 2 Exhibit A - List of medical conditions for Petitioner, # 3 Exhibit B - List of medications for Petitioner, # 4 Exhibit C - In the Matter of Seyed Reza Minbaey (IJ Decision), # 5 Exhibit D - In the Matter of Seyed Reza Minbaey (BIA Decision), # 6 Exhibit E- In the Matter of Seyed Reza Minbaey (Motion to Reopen), # 7 Exhibit F - DHS Decision to Continue Detention, # 8 Exhibit G - Letter from North Shore Baptist Church, # 9 Exhibit H - Copies of U.S. birth certificates of Daniel and Jonathan Minaey, Pet, # 10 Exhibit I - Statement of Petitioners U.S. citizen son, Jonathan Minaey, # 11 Exhibit J - Copies of Petitioners recent IRS Federal Income Tax Return transcrip, # 12 Exhibit K - Letters of Support from Petitioners community members attesting to h, # 13 Exhibit L - USCIS Form I-918 U Visa Receipt, dated 6/20/2023, evidencing that it, # 14 Exhibit M - Criminal Court Dispositions related to the Petitioners DUI and crimi, # 15 Exhibit N - Petitioners Signed Statement to the Court, dated 2/12/2026) (HMC) (Entered: 04/09/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Apr 09, 2026
Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (HMC) (Entered: 04/09/2026)
Main Document: Case Assignment
#3
Apr 09, 2026
NOTICE of Appearance by Bradley Johnson on behalf of Todd Blanche, Markwayne Mullin, Sam Olson (Johnson, Bradley) (Entered: 04/09/2026)
Main Document: Notice of Appearance
#4
Apr 09, 2026
ATTORNEY NOTICE of Deficiency to Andrea Ochoa re 1 Petition for Writ of Habeas Corpus,,,,.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2026. (KJA) (Entered: 04/09/2026)
Main Document: Deficiency
#5
Apr 09, 2026
ATTORNEY NOTICE of Deficiency to Michael Ibrahim re 1 Petition for Writ of Habeas Corpus,,,,.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2026. (KJA) (Entered: 04/09/2026)
Main Document: Deficiency
#6
Apr 09, 2026
MOTION for Andrea Ochoa to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4492980. by Petitioner Seyed Reza Minaey (Attachments: # 1 Proposed Order) (Ochoa, Andrea) (Entered: 04/09/2026)
Main Document: Appear Pro Hac Vice
#7
Apr 09, 2026
MOTION for Michael Ibrahim to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4492983. by Petitioner Seyed Reza Minaey (Attachments: # 1 Proposed Order) (Ochoa, Andrea) (Entered: 04/09/2026)
Main Document: Appear Pro Hac Vice
Apr 09, 2026
REMARK: Electronic notification of the petition and any subsequent order constitutes valid service on all federal respondents named therein as of the date of this remark pursuant to the Memorandum of Understanding and Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts, which the Court is applying to these cases. (HMC)
Apr 09, 2026
Remark (Public)
#8
Apr 30, 2026
TEXT ORDER: Under 28 U.S.C. § 636(b)(1)(A), the Court refers this matter to Magistrate Judge King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM) (Entered: 04/30/2026)
#9
Apr 30, 2026
TEXT ORDER: In response to the petition for a writ of habeas corpus (DN 1 ), the Court directs the Respondents to show cause, no later than 5/5/2026, why the writ should not be granted. See 28 U.S.C. § 2243. The Government should address the Petitioner's argument that his continued detention violates 8 U.S.C. § 1231(a), see Zadvydas v. Davis, 533 U.S. 678 (2001). The Court also directs the parties to file, no later than 5/6/2026, a joint status report or separate letters advising the Court whether they seek a hearing or instead prefer that the Court set a briefing schedule and decide the petition on the papers. On first review, the petition doesn't seem to implicate any factual disputes necessitating an in-person hearing. The Clerk of Court shall forward by certified mail, return receipt requested, one copy of the petition and this order on each Respondent who has not been designated by the United States Attorney's Office, as agreed to by the Attorney's Office and the Clerk in the 1/20/26 Memorandum of Understanding, to receive electronic notice and service. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel, Respondent Adam Smith (via certified mail) w/ DN 1 Petition (JM) (Entered: 04/30/2026)
#10
Apr 30, 2026
Notice (Other)
Main Document: Notice (Other)
Apr 30, 2026
Order - TEXT ONLY
#11
May 03, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
#12
May 05, 2026
Status Report
Main Document: Status Report
#13
May 06, 2026
Order on Motion to Appear Pro Hac Vice
Main Document: Order on Motion to Appear Pro Hac Vice
#14
May 06, 2026
Order on Motion to Appear Pro Hac Vice
Main Document: Order on Motion to Appear Pro Hac Vice
#15
May 06, 2026
Reply
Main Document: Reply
#16
May 11, 2026
Notice (Other)
Main Document: Notice (Other)
#17
May 21, 2026
Notice of Appearance
Main Document: Notice of Appearance
#18
May 21, 2026
Response to Habeas Petition
Main Document: Response to Habeas Petition
#19
May 26, 2026
ATTORNEY NOTICE of Deficiency to Attorney Michael Ibrahim re 13 Order on Motion to Appear Pro Hac Vice. Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/12/2026. (KDY) (Entered: 05/26/2026)
May 26, 2026
Deficiency
#20
Jun 02, 2026
Response
Main Document: Response
#21
Jul 27, 2026
Ruling
Main Document: Ruling
#22
Jul 28, 2026
Deficiency
Main Document: Deficiency
#23
Jul 28, 2026
Notice (Other)
Main Document: Notice (Other)
#24
Jul 31, 2026
TEXT ORDER: The Petitioner has amply alleged that he's been held in pre-removal detention for more than six months, yet he lacks a realistic prospect of removal to Iran. DN 1 1617, 4142 & 6061. Under the Supreme Court's decision in Zadvydas v. Davis, therefore, he must be released unless the Government offers evidence demonstrating a "significant likelihood of removal in the reasonably foreseeable future." 533 U.S. 678, 701 (2001); see also Salim v. Mullin, No. 5:25-cv-227, 2026 WL 1679178 (W.D. Ky. June 10, 2026). Thus far the Government hasn't offered any such showing in response to the Petition or the Motion for Ruling (DN 21 ). Unless it does within the next 7 days, the Court will order the Petitioner released, consistent with Zadvydas v. Davis. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM) (Entered: 07/31/2026)
Jul 31, 2026
Order - TEXT ONLY
#25
Aug 06, 2026
Response
Main Document: Response
#26
Aug 07, 2026
Reply
Main Document: Reply
#27
Aug 14, 2026
Memorandum Opinion AND Order Dismissing Case
Main Document: Memorandum Opinion AND Order Dismissing Case
#28
Aug 17, 2026
NOTICE of Release from Custody by Todd Blanche, Markwayne Mullin, Sam Olson re 27 Memorandum Opinion, Order Dismissing Case (Thompson, Timothy) (Entered: 08/17/2026)
Main Document: Notice (Other)

Parties

Minaey
Party
Smith
Party