Western District of New York • 1:26-cv-00850

#1

Apr 27, 2026

PETITION for Writ of Habeas Corpus, filed by Mohammed Kharyul Hussain. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (TME) (Entered: 04/27/2026)

#2

Apr 27, 2026

MOTION for Temporary Restraining Order by Mohammed Kharyul Hussain. (TME) (Entered: 04/27/2026)

Apr 27, 2026

Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (TME)

Apr 27, 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. (TME)

Apr 27, 2026

Filing fee: $ 5.00, receipt number 100009455 (TME)

#3

Apr 28, 2026

TEXT ORDER. Pro se petitioner Mohammed Kharyul Hussain seeks relief under 28 U.S.C. § 2241. Dkt. 1. He also seeks a temporary restraining order ("TRO"). Dkt. 2. The Court denies the portion of the TRO motion that requests an order enjoining Respondents 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 Respondents 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. Respondents shall respond to the petition and the balance of the TRO motion by 5/18/2026. Petitioner's response is due by 5/29/2026. The Clerk of Court shall serve a copy of the petition (Dkt. 1), the TRO motion (Dkt. 2), and a copy of this text 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. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/28/2026. (KLH)This was mailed to: Petitioner. (Entered: 04/28/2026)

Apr 28, 2026

Remark: Chambers emailed 1 Petition and 2 TRO motion to USANYW-Immigration-Habeas@usdoj.gov. (KLH)

#4

May 18, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Director, Buffalo Field Office for the U.S. Immigration and Customs Enforcement and Removal Operations ("ICE/ERO'') Field Office, Todd Lyons, Markwayne Mullin, Warden of Buffalo Service Processing Center. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/18/2026)

#5

May 18, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Blanche, Director, Buffalo Field Office for the U.S. Immigration and Customs Enforcement and Removal Operations ("ICE/ERO'') Field Office, Todd Lyons, Markwayne Mullin, Warden of Buffalo Service Processing Center. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 05/18/2026)

#6

May 20, 2026

CERTIFICATE OF SERVICE by Todd Blanche, Director, Buffalo Field Office for the U.S. Immigration and Customs Enforcement and Removal Operations ("ICE/ERO'') Field Office, Todd Lyons, Markwayne Mullin, Warden of Buffalo Service Processing Center re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Khalil, Adam) (Entered: 05/20/2026)