District of Massachusetts • 1:26-cv-11730

#1

Apr 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ACTDC-8562612.), filed by Rihan Shinwari.(Formica, Glenn) (Entered: 04/06/2026)

#2

Apr 06, 2026

NOTICE of Appearance by Steven R. Strom on behalf of Rihan Shinwari (Strom, Steven) (Entered: 04/06/2026)

#3

Apr 06, 2026

MOTION for Temporary Restraining Order and :Preliminary Injunction by Rihan Shinwari. (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order and for a Preliminary Injunction, # 2 Text of Proposed Order, # 3 Affidavit of Attorney Lauren Petersen, # 4 Exhibit Parole Foil for Petitioner, paroled extended until 10/7/26, # 5 Exhibit I-94 for Petitioner, # 6 Exhibit I-485 Receipt Notice for Petitioner)(Strom, Steven) (Entered: 04/06/2026)

#4

Apr 06, 2026

NOTICE of Appearance by John W Larson on behalf of Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin (Larson, John) (Entered: 04/06/2026)

#5

Apr 06, 2026

ORDER. Counsel for all parties shall appear for a telephonic status conference on April 9, 2026, at 11:00 a.m. The parties shall confer in advance of the conference and submit a joint letter, no later than April 8, 2026, at 5:00 p.m., addressing how the Court should handle the petition for habeas corpus and the pending motion for a temporary restraining order and preliminary injunction.In order to preserve the status quo and in the event of a hearing requiring the Petitioner's presence, it is hereby ORDERED that Petitioner Shinwari shall not be moved outside the District of Connecticut. It is also ORDERED that Petitioner Shinwari shall not be removed from the United States until further Order of this Court. See Ozturk v. Hyde, 136 F.4th 382, 394 (2d Cir. 2025) (explaining that a district court has an inherent authority to protect its proceedings); M.K. v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025).Signed by Judge Vernon D. Oliver on 4/6/2026. (JD2) (Entered: 04/06/2026)

#6

Apr 06, 2026

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 4/9/2026 at 11:00 AM before Judge Vernon D. Oliver. Dial in Information: Dial in by phone +1 203-684-6202, Phone conference ID: 796 058 471#. (Kelsey, N) (Entered: 04/06/2026)

#7

Apr 06, 2026

Amended MOTION for Temporary Restraining Order and Preliminary Injunction by Rihan Shinwari. (Strom, Steven) (Entered: 04/06/2026)

#8

Apr 06, 2026

Interim STATUS REPORT Pending Joint Report of Parties by Rihan Shinwari. (Formica, Glenn) (Entered: 04/06/2026)

#9

Apr 06, 2026

MOTION for Clarification 5 Order,,,, by Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin. (Larson, John) (Entered: 04/06/2026)

#10

Apr 06, 2026

Standing Protective Order Signed by Judge Vernon D. Oliver on 4/6/2026.(Imbriani, S) (Entered: 04/07/2026)

#11

Apr 06, 2026

ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 4/6/2026.(Imbriani, S) (Entered: 04/07/2026)

#12

Apr 06, 2026

Notice of Option to Consent to Magistrate Judge Jurisdiction to conduct all proceedings in this civil action (including presiding over a jury or non-jury trial) and to order the entry of final judgment.(Imbriani, S) (Entered: 04/07/2026)

#13

Apr 06, 2026

Notice to Counsel and Litigants Regarding AI-Assisted Research: Attorneys and pro se litigants alike should exercise great caution in submitting any AI-generated language in filings before the Court. Use of AI without verification of the accuracy of the information it generates like any other shoddy research method from other sources or tools implicates Federal Rule of Civil Procedure 11, the central purpose of which is to deter baseless filings in district court and thus to streamline the administration and procedure of the federal courts. Rule 11 applies fully to actions filed by pro se litigants.Therefore, all parties are on notice that the Court has a no-tolerance policy for any briefing (AI-assisted or not) that hallucinates legal propositions or otherwise severely misstates the law. Such filings will often result in sanctions absent reasonable excuse. See generally Willis v. U.S. Bank Nat'l Ass'n et al, No. 3:25-CV-516-BN, 2025 WL 1408897 (N.D. Tex. May 15, 2025). Signed by Clerk on 4/6/2026.(Imbriani, S) (Entered: 04/07/2026)

Apr 06, 2026

CASE ASSIGNMENT: District Judge Vernon D. Oliver assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Robert M. Spector. (Oliver, T.)

#14

Apr 07, 2026

First STATUS REPORT Petitioner's First Updated Status Report by Rihan Shinwari. (Strom, Steven) (Entered: 04/07/2026)

#15

Apr 08, 2026

Joint STATUS REPORT by Rihan Shinwari. (Strom, Steven) (Entered: 04/08/2026)

#16

Apr 08, 2026

ORDER. In light of the parties’ status report at ECF No. 15, both parties shall appear at the telephonic status conference scheduled for tomorrow prepared to broadly explain their respective positions on whether this Court has jurisdiction over this matter.Signed by Judge Vernon D. Oliver on 4/8/2026. (JD2) (Entered: 04/08/2026)

#17

Apr 09, 2026

Minute Entry for proceedings held before Judge Vernon D. Oliver: Status Conference held on 4/9/2026. Time: 51 minutes. Court Reporter: Julie Monette. (JD2) (Entered: 04/09/2026)

#18

Apr 09, 2026

ORDER. This order serves to memorialize the oral order of this Court, handed down at 11:34 A.M. today during the telephonic status conference held in this matter. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, to preserve the Court's jurisdiction and the integrity of these proceedings, the Court hereby restrains Respondents from transferring Petitioner to any ICE detention facility beyond 150 miles of the Connecticut border while the Court determines if it has jurisdiction to proceed with this habeas corpus action. See Ozturk v. Hyde, 136 F.4th 382, 394 (2d Cir. 2025) (explaining that a district court has an inherent authority to protect its proceedings); see also Aparicio-Deras v. Turek, No. 2:25-CV-726 (D. Vt. Sept. 1, 2025), at ECF No. 2. Accordingly, the Motion for Clarification at ECF No. 9 is denied as moot.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026)

#19

Apr 09, 2026

ORDER. The parties are ordered to submit briefing to the Court as to their respective positions on whether this Court possesses jurisdiction over this matter, no later than April 10, 2026 at 5:00 P.M. If Respondents plan to rely on factual representations by government agents, their briefing must include a declaration attesting to the relevant facts from each and every such agent.Additionally, Petitioner, no later than 5:00 P.M. today, April 9, 2026, shall file on the docket a list of the authorities it plans to rely on in tomorrow’s briefing.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026)

#20

Apr 09, 2026

ORDER. By April 10, 2026 at 10:00 A.M., Respondents shall produce to the Petitioner Form I-213, Record of Deportable/Inadmissible Alien, as well as any and all booking information available for Petitioner at both the ICE Offices in Hartford and the Plymouth County Correctional Facility.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026)

#21

Apr 09, 2026

ORDER. Counsel for Respondents is requested to confer with his clients regarding potential options for Petitioner’s pretrial release. On or before April 13, 2026, counsel shall file a status report, to the extent permitted by attorney-client privilege, disclosing the status of these discussions.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026)

#22

Apr 09, 2026

NOTICE by Rihan Shinwari re 19 Order,, Notice of Caselaw Authority (Strom, Steven) (Entered: 04/09/2026)

Apr 09, 2026

Set Deadlines: Status Report due by 4/13/2026 (Sichanh, C)

#23

Apr 10, 2026

RESPONSE re 19 Order,, (and Motion to Transfer) filed by Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Beaumont Declaration, # 2 Cruz Declaration, # 3 Exhibit Arrest Log, # 4 Exhibit MA Arrival Text, # 5 Exhibit PCCF Arrival Text, # 6 Exhibit PCCF Booking Sheet)(Larson, John) (Entered: 04/10/2026)

#24

Apr 10, 2026

RESPONSE re 19 Order,, Petitioner's Memo on Jurisdicition filed by Rihan Shinwari. (Attachments: # 1 Affidavit of Attorney Gebauer)(Strom, Steven) (Entered: 04/10/2026)

#25

Apr 10, 2026

MOTION to Seal Exhibits 1-11 to be filed as sealed documents by Rihan Shinwari. (Strom, Steven) (Entered: 04/10/2026)

#26

Apr 10, 2026

Sealed Document: Exhibits 1-11 by Rihan Shinwari . (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Strom, Steven) (Entered: 04/10/2026)

#27

Apr 10, 2026

Supplemental STATUS REPORT REGARDING EXHIBITS REQUESTED TO BE FILED UNDER SEAL by Rihan Shinwari. (Formica, Glenn) (Entered: 04/10/2026)

#28

Apr 10, 2026

NOTICE by Rihan Shinwari of Filing Signed Declaration of Attorney Gebauer (Strom, Steven) (Entered: 04/10/2026)

#29

Apr 11, 2026

ORDER granting in part and denying in part 25 Motion to Seal. The Court finds that good cause exists to seal the exhibits at ECF No. 26, due to the rapid nature of the associated briefing schedule. Thus, these exhibits may remain under seal. Nevertheless, this motion is overbroad, as Petitioner implicitly acknowledges at ECF No. 27. Accordingly, on or before April 13, 2026 at 5:00 P.M., he must refile on the public docket these exhibits, redacting only confidential or sensitive information.Signed by Judge Vernon D. Oliver on 4/11/2026. (JD2) (Entered: 04/11/2026)

#30

Apr 11, 2026

ORDER TRANSFERRING CASE. Per the attached, the Court finds that it does not have jurisdiction to adjudicate the instant matter. Accordingly, all pending motions are denied as moot. The Clerk of Court is respectfully directed to transfer this action to the District of Massachusetts and close this case. Respondents are advised that the Court's order requesting a status report at ECF No. 21 remains in effect, but that that report must now be filed with the District of Massachusetts. Respondents are further advised that the Court's order at ECF No. 18 remains in effect until further order of the District of Massachusetts. The Court maintains the status quo for purposes of Petitioner's ability to have access to and communicate with his counsel of choice.The Court thanks all parties for their diligent briefing in this matter.Signed by Judge Vernon D. Oliver on 4/11/2026. (JD2) (Entered: 04/11/2026)

Apr 11, 2026

JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Kelsey, N)

#31

Apr 13, 2026

Consent MOTION for Extension of Time until April 15, 2026 To Amend Motion to Seal Documents 29 Order on Motion to Seal,, by Rihan Shinwari. (Formica, Glenn) (Entered: 04/13/2026)

#32

Apr 13, 2026

STATUS REPORT re: ECF 21 by Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin. (Larson, John) (Entered: 04/13/2026)

#33

Apr 14, 2026

ORDER granting 31 Motion for Extension of Time. Petitioner may file properly redacted exhibits on this docket on or before April 15, 2026.Signed by Judge Vernon D. Oliver on 4/14/2026. (JD2) (Entered: 04/14/2026)

#34

Apr 14, 2026

Case transferred in from District of Connecticut; Case Number 3:26-cv-00514. (Entered: 04/14/2026)

#35

Apr 14, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (Danieli, Chris) (Entered: 04/14/2026)

Apr 14, 2026

Notice of Case Assignment

Apr 14, 2026

Order on Motion for Extension of Time

Apr 14, 2026

Notice - Other

#36

Apr 15, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Field Office Director, Todd M Lyons, markwayne mullin (Sauter, Mark) (Entered: 04/15/2026)

#37

Apr 15, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) Abbreviated by Todd Blanche, Field Office Director, Todd M Lyons, markwayne mullin. (Sauter, Mark) (Entered: 04/15/2026)

#38

Apr 15, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 37 Response to Petition for Writ of Habeas Corpus - 2241 filed by Field Office Director, Todd M Lyons, markwayne mullin, Todd Blanche. Petitioner Rihan Shinwari is a nineteen-year-old Afghan national whose family served as interpreters and translators for the United States military efforts in Afghanistan for nearly five years. Shinwari fled Afghanistan on October 8, 2024, with his family seeking safety in the United States. He entered the United States having been granted humanitarian parole pursuant to 8 U.S.C. § 1182(d)(5)(A), with a two-year parole period. He and then timely filed for adjustment of status while his parole status was still in full force and effect (he later discovered that his online I-94 wrongly listed a one-year parole period which Shinwari has attempted to correct). Shinwari's parents both have pending Form I-589 asylum petitions. Shinwari is a senior at Cheshire High School in Cheshire, Connecticut, set to graduate in June of this year, and has no criminal record. United States Immigration and Customs Enforcement (ICE) arrested on Shinwari on April 6, 2026, while riding in a car in his neighborhood with his uncle and brother. ICE brought him to a detention center in Hartford Connecticut, and then moved him to the Plymouth House of Corrections in Plymouth, Massachusetts. Rihan Shinwari had filed a habeas petition in federal court in Connecticut challenging his detention and seeking immediate release. Upon ICE moving him to Plymouth, Judge Vernon Oliver transferred the case to this district.The court orders that defendants facilitate a bond hearing for Rihan Shinwari before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case later than Monday, April 20, 2026. (MZ) (Entered: 04/15/2026)

#39

Apr 15, 2026

Notice - Other

#40

Apr 15, 2026

Amended Complaint

#41

Apr 15, 2026

Appear Pro Hac Vice

Apr 15, 2026

Order

#42

Apr 16, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice Added Glenn L. Formica. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM) (Entered: 04/16/2026)

Apr 16, 2026

Order on Motion for Leave to Appear