Western District of New York • 1:26-cv-00780

Samushia v. Warden, Buffalo Federal Detention Facility

Completed

Case Information

Filed: April 20, 2026
Assigned to: John Leonard Sinatra Jr.
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: May 05, 2026
Last Activity: May 07, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 20, 2026
PETITION for Writ of Habeas Corpus, filed by Aleksandre Samushia. (Attachments: # 1 Civil Cover Sheet) (TMK) (Entered: 04/20/2026)
Main Document: PETITION
#2
Apr 20, 2026
MOTION for Temporary Restraining Order by Aleksandre Samushia. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Continuation of Declaration, # 4 Text of Proposed Order) (TMK) (Entered: 04/20/2026)
Main Document: MOTION
Apr 20, 2026
Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (TMK)
Apr 20, 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. (TMK)
Apr 20, 2026
Filing fee: $ 5.00, receipt number 100009405 (TMK)
#3
Apr 21, 2026
TEXT ORDER. Petitioner filed a pro se petition for relief under 28 U.S.C. § 2241. Dkt. 1. He also seeks a temporary restraining order. Dkt. 2. The Court denies the portion of the TRO motion that requests an order enjoining Respondent 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 also denies the portion of the TRO that requests an order enjoining Respondent from removing him from the United States while this proceeding is pending because 8 U.S.C. § 1252(g) bars this Court from ordering such relief. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999); Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011). The Court will address the balance of the TRO motion when it resolves the petition and will issue a scheduling order setting forth the relevant deadlines. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 4/21/2026. (KEF)This was mailed to: Petitioner. (Entered: 04/21/2026)
#4
Apr 21, 2026
ORDER that by May 12, 2026 Respondents shall file and serve an answer and memorandum of law or a motion to dismiss and respond to the balance of the TRO motion; Petitioner shall by May 26, 2026 file a written response to Respondents' answer or motion to dismiss; as well as Petitioner's reply in further support of the balance of his TRO motion. The Clerk of Court shall serve a copy of the petition, the Motion for a TRO, 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 4/21/2026. (TMK)This was mailed to: Aleksandre Samushia. (Entered: 04/22/2026)
Main Document: ORDER
Apr 22, 2026
Remark: Clerk's Office emailed copy of 1 Petition 2 Motion for TRO and 4 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TMK)
#5
Apr 30, 2026
MOTION to Change Venue by Aleksandre Samushia. (Attachments: # 1 Envelope) (TME) (Entered: 04/30/2026)
Main Document: MOTION
#6
May 01, 2026
TEXT ORDER re Petitioner's 5 Motion to Change Venue. Respondent shall respond by 5/15/2026. Petitioner may reply by 5/27/2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 5/1/2026. (KEF)This was mailed to: Petitioner. (Entered: 05/01/2026)
#7
May 01, 2026
NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Warden, Buffalo Federal Detention Facility. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/01/2026)
#8
May 01, 2026
Letter filed by Warden, Buffalo Federal Detention Facility consenting to transfer of matter to EDCA. (Khalil, Adam) (Entered: 05/01/2026)
Main Document: Letter
#9
May 04, 2026
TEXT ORDER granting Petitioner's unopposed 5 Motion to Change Venue to the United States District Court for the Eastern District of California, the district in which Petitioner currently is detained. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 5/4/2026. (KEF)This was mailed to: Petitioner.Clerk to follow up. (Entered: 05/04/2026)
#10
May 04, 2026
CERTIFICATE OF SERVICE by Warden, Buffalo Federal Detention Facility re 8 Letter (Khalil, Adam) (Entered: 05/04/2026)
Main Document: CERTIFICATE
May 05, 2026
Case transferred to District of Eastern District of California; case in Western District of New York marked as closed. (TME)
#11
May 06, 2026
Mail Returned as Undeliverable. 3 Text Order sent to Petitioner (TME) (Entered: 05/06/2026)
Main Document: Mail
#12
May 07, 2026
Mail Returned as Undeliverable. 4 Order, sent to Aleksandre Samushia (TME) (Entered: 05/07/2026)
Main Document: Mail
May 07, 2026
Case transferred from New York Western has been opened in Eastern District of California - case 1:26-cv-03495, filed 05/06/2026. (TME)