Southern District of New York • 1:25-cv-09364

#1

Nov 07, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Kimon Bayne.(tro) Modified on 11/10/2025 (tro). (Entered: 11/10/2025)

#2

Nov 07, 2025

REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Kimon Bayne.(tro) (Entered: 11/10/2025)

Nov 07, 2025

Case Designated ECF. (tro) Modified on 11/10/2025 (tro).

Nov 07, 2025

Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (tro)

#3

Nov 10, 2025

STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Chief Judge Laura Taylor Swain on 3/18/2024) (tro) (Entered: 11/10/2025)

#5

Nov 10, 2025

ORDER: It is hereby ordered that:1. No later than December 10, 2025, Petitioner shall show cause as to why this Court has jurisdiction over this petition. In his filing, Petitioner shall inform the Court of the location of his confinement at the time he filed the petition.2. To preserve the Courts jurisdiction pending a ruling on the petition, Petitioner shall not be removed from the United States unless and until the Court or another U.S. District Court orders otherwise. 3. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has issued at the following email address: jeffrey.oestericher@usdoj.gov. The Clerk of Court is directed to mail Petitioner a copy of this order.SO ORDERED. (Signed by Judge Ronnie Abrams on 11/10/2025) (tg) (Entered: 11/10/2025)

Nov 10, 2025

Note Regarding Service on Self-Represented Party

Nov 10, 2025

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(tro)

#6

Nov 11, 2025

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Department of Homeland Security..(Waterman, Brandon) (Entered: 11/11/2025)

Nov 12, 2025

MAILING RECEIPT: Document No: 3, 5. Mailed to: Kimon Bayne 560 Gum Springs Road Winnifield, LA 71483. (nb)

Nov 12, 2025

Mailing Receipt

#7

Nov 17, 2025

RESPONSE TO ORDER TO SHOW CAUSE re: 5 Order to Show Cause. Document filed by Kimon Bayne. (ar) (Entered: 11/20/2025)

#8

Dec 08, 2025

ORDER: As Petitioner filed the Petition from custody outside of this District, Pet. at 1, the Court lacks jurisdiction over the action to the extent it seeks a writ of habeas corpus under the immediate custodian and district-of-confinement rules . See Khalil v. Joyce, 771 F. Supp. 3d 268, 289 (S.D.N.Y. 2025). The Court is thus inclined to transfer the portion of this action seeking the writ of habeas corpus to the Western District of Louisiana, while retaining the portion of t his action seeking a writ of mandamus. No later than December 16, 2025, the Government shall inform the Court of its position as to this course of action. Petitioner shall have the opportunity to respond by January 9, 2026. The Clerk of Court is directed to mail Petitioner a copy of this order. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/8/2025) (tg)

#9

Dec 09, 2025

ORDER FOR APPEARANCE OF PRO BONO COUNSEL: Accordingly, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. To be clear, the Court does not have the authority to "appoint" counse l, but instead, may only "request" that an attorney volunteer to represent a litigant pro bono. Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 301 (1989). There is no guarantee that a volunteer attorney will decide to take the case or that, should the services of the volunteer be declined, the court will locate another. In either instance, Petitioner should be prepared to proceed with the case pro se. If an attorney volunteers, the attorney will contact Petiti oner directly. If Petitioner has already successfully secured counsel on his own, or otherwise does not wish the Court to seek volunteers for pro bono counsel, he should inform the Court as soon as possible. The Court has established a Pro Bono Fund to encourage greater attorney representation of pro se litigants. See https://nysd.uscourts.gov/forms/pro-bono-fund-order. For the foregoing reasons, the Court directs the Clerk of Court to attempt to locate pro bono counsel to represent Petitioner in this case. The Clerk of Court is further directed to send by regular mail a copy of this order to the Petitioner at the address listed on the docket sheet for this action. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/9/2025) (tg)

Dec 09, 2025

Mailing Receipt

Dec 09, 2025

MAILING RECEIPT: Document No: 8-9. Mailed to: Kimon Bayne 560 Gum Springs Road Winnifield, LA 71483. (nb)

#10

Dec 17, 2025

LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated December 16, 2025 re: Government's Response to the Court's Order of December 8 (ECF No. 8). Document filed by Department of Homeland Security..(Waterman, Brandon) (Entered: 12/17/2025)

#11

Dec 17, 2025

CERTIFICATE OF SERVICE of Government's Letter Response to Court's Order served on Kimon Bayne on December 17, 2025. Service was made by Certified Mail. Document filed by Department of Homeland Security..(Waterman, Brandon) (Entered: 12/17/2025)

#12

Dec 29, 2025

MEMORANDUM OPINION AND ORDER: On December 16, 2025, the Government provided the Court its position on the course of action discussed in the Court's December 8, 2025 Order. Petitioner's response to the Government's letter is currently due on January 9, 2026. As Petitioner is still not represented by counsel, the Court will sua sponte extend Petitioner's deadline to respond to the Government's December 16 letter. Petitioner's response shall now be due by January 30, 2026. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/29/2025) (jca)

Dec 30, 2025

Mailing Receipt

Dec 30, 2025

MAILING RECEIPT: Document No: 12. Mailed to: Kimon Bayne 560 Gum Springs Road Winnifield, LA 71483. (tro)

#13

Jan 09, 2026

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by John H. Peng on behalf of Kimon Bayne.(Peng, John) (Entered: 01/09/2026)

#14

Jan 30, 2026

LETTER MOTION for Extension of Time to File Response/Reply as to 12 Memorandum & Opinion,, addressed to Judge Ronnie Abrams from John H. Peng dated January 30, 2026. Document filed by Kimon Bayne. (Attachments: # 1 Exhibit Voluntary Departure Order).(Peng, John) (Entered: 01/30/2026)

#15

Jan 30, 2026

ORDER granting 14 Letter Motion for Extension of Time to File Response/Reply. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/30/2026) (tg) (Entered: 01/30/2026)

#16

Feb 03, 2026

MOTION to Withdraw 1 Petition for Writ of Habeas Corpus . Document filed by Kimon Bayne..(Peng, John) (Entered: 02/03/2026)

#17

Feb 04, 2026

ORDER granting 16 Motion to Withdraw. Application granted. The stay of removal is lifted. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Ronnie Abrams on 2/4/2026) (rro) Transmission to Orders and Judgments Clerk for processing. (Entered: 02/05/2026)