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

#1

Apr 20, 2026

PETITION for Writ of Habeas Corpus, filed by Aleksandre Samushia. (Attachments: # 1 Civil Cover Sheet) (TMK) (Entered: 04/20/2026)

#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)

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)