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Case Information
Filed: May 06, 2026
Assigned to:
Sanket J. Bulsara
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 15, 2026
Parties:
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Docket Entries
#1
May 06, 2026
PETITION for Writ of Habeas Corpus, filed by Yessimkhan Yeleshev. (Attachments: # 1 Civil Cover Sheet, # 2 Cover Letter, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit Package) (SMF) (Entered: 05/06/2026)
#2
May 06, 2026
Filing Fee Received
Main Document:
Filing Fee Received
#3
May 06, 2026
MOTION for Temporary Restraining Order by Yessimkhan Yeleshev. (Attachments: # 1 Proposed Order, # 2 Memorandum of Law, # 3 Memorandum in Support) (SMF) (Entered: 05/06/2026)
Main Document:
Temporary Restraining Order
#4
May 06, 2026
MOTION to Appear Pro Hac Vice by Yessimkhan Yeleshev. (Attachments: # 1 Affidavit in Support, # 2 Proposed Order, # 3 Pro Hac Vice Receipt) (SMF) (Entered: 05/06/2026)
Main Document:
Appear Pro Hac Vice
May 06, 2026
ORDER: The Motion of Robert Bond for Leave to Appear Pro Hac Vice 4 is granted. The attorney shall register for ECF; registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $200 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Judge Sanket J. Bulsara on 5/6/2026. (LMR)
May 06, 2026
Quality Control Check - Summons
May 06, 2026
Order Unrestricting Access to 463 Case AND Order on Motion for TRO AND Order to Show Cause (463)
May 06, 2026
Order on Motion for Leave to Appear Pro Hac Vice
May 06, 2026
Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SMF)
May 06, 2026
ORDER: To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. See, e.g., Loc. 1814, Int'l Longshoremen's Ass'n, AFL-CIO v. New York Shipping Ass'n, Inc., 965 F.2d 1224, 1237 (2d Cir. 1992) ("Once the district court acquires jurisdiction over the subject matter of, and the parties to, the litigation, the All Writs Act [28 U.S.C. § 1651] authorizes a federal court to protect that jurisdiction." (quotations omitted)); Garcia-Izquierdo v. Gartner, No. 04-CV-7377, 2004 WL 2093515, at *2 (S.D.N.Y. Sep. 17, 2004) (observing that, under the All Writs Act, 28 U.S.C. § 1651, a district court "may order that a petitioner's deportation be stayed when a stay is necessary to preserve the Court's jurisdiction of the case"); Khalil v. Joyce, 771 F. Supp. 3d 268, 274 (S.D.N.Y. 2025) (barring the government from removing petitioner from the United States until the Court could address his claim); cf. Michael v. I.N.S., 48 F.3d 657, 661-62 (2d Cir. 1995) (holding that the All Writs Act provides a federal court of appeals reviewing a final removal order with a basis to stay removal). And in addition, in light of Petitioner's interests in participating in further proceedings before this Court and in maintaining adequate access to legal counsel through these proceedings, it is further ORDERED that Petitioner shall not be transferred except to a facility within this District, the Eastern District of New York, or the Southern District of New York, absent further order of this Court. See Ozturk v. Trump, 779 F. Supp. 3d 462, 496 (D. Vt. 2025) (ordering petitioner's transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). Respondents must inform the Court of Petitioner's current location, and must include information about any other locations where Petitioner has been held and the dates of any transfers since his initial detention, by May 7, 2026 at 2:00 P.M. Respondents must also file a response to the writ—including any legal or factual arguments why the writ should not be granted—by May 7, 2026 at 2:00 P.M. If Respondents believe this case is unique, and raises issues separate and apart from those raised in similar petitions, e.g., Rodriguez-Acurio v. Almodovar, -- F. Supp. 3d --, No. 25-CV-6065, 2025 WL 3314420, at *23 (E.D.N.Y. Nov. 28, 2025), and as a result require additional time to provide some or all of the information requested, in lieu of responding at 2:00 P.M., they may file a request for additional time with a short explanation for why this case raises unique issues not previously decided. The Clerk's office is directed to remove the restriction within this matter. So Ordered by Judge Sanket J. Bulsara on 5/6/2026. (LMR)
#5
May 07, 2026
NOTICE of Appearance by Robert Bond on behalf of Yessimkhan Yeleshev (notification declined or already on case) (Bond, Robert) (Entered: 05/07/2026)
Main Document:
Notice of Appearance
#6
May 07, 2026
MOTION for Extension of Time to File to file response by Acting Field Office Director, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Lyons, Marika) (Entered: 05/07/2026)
Main Document:
Extension of Time to File Document
#7
May 07, 2026
NOTICE of Appearance by Marika Maris Lyons on behalf of Acting Field Office Director, Todd Blanche, Todd M. Lyons, Markwayne Mullin (notification declined or already on case) (Lyons, Marika) (Entered: 05/07/2026)
Main Document:
Notice of Appearance
#8
May 07, 2026
Letter in response to May 6 Order and Petition by Acting Field Office Director, Todd Blanche, Todd M. Lyons, Markwayne Mullin (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Lyons, Marika) (Entered: 05/07/2026)
May 07, 2026
Order on Motion for Extension of Time to File
May 07, 2026
Scheduling Order
May 07, 2026
ORDER: Respondents' motion for an extension of time to file a response to the petition 6 is granted. The deadline to file a response is May 7, 2026 at 5:00 P.M. So Ordered by Judge Sanket J. Bulsara on 5/7/2026. (LMR)
May 07, 2026
ORDER: The Court will hold an in-person hearing on May 11, 2026 at 10:00 A.M. in Courtroom 930 in the Central Islip Courthouse. Petitioner's counsel and Respondents' counsel must appear in person. Respondents are directed to produce Petitioner for the in-person hearing. In addition, ICE Officer Demetrios Vrahnas must be present and should be prepared to testify under oath. Prior to the hearing, Respondents must submit a letter clarifying whether the NTA was issued after Petitioner's arrest and in contravention of the principles set forth in the Court's decisions in Gopie v. Lyons, No. 25-CV-5229, 2025 WL 3167130 (E.D.N.Y. Nov. 13, 2025) and Benitez v. Genalo, No. 26-CV-1110, 2026 WL 1027441 (E.D.N.Y. Apr. 16, 2026) about such practices as violative of due process and § 1226(a). Respondents must also clarify what "during processing" means in terms of when Petitioner was served with a Notice to Appear. (See Decl. of Demetrios Vrahnas, Dkt. No. 8-1 ¶ 10). So Ordered by Judge Sanket J. Bulsara on 5/7/2026. (LMR)
#9
May 08, 2026
REPLY in Support re 1 Petition for Writ of Habeas Corpus, 8 Letter filed by Yessimkhan Yeleshev. (Bond, Robert) (Entered: 05/08/2026)
Main Document:
Reply in Support
#10
May 08, 2026
Letter by Yessimkhan Yeleshev (Bond, Robert) (Entered: 05/08/2026)
#11
May 08, 2026
MOTION for Leave to Electronically File Document under Seal pursuant to May 8, 2026 Order, SEALED DOCUMENTS by Acting Field Office Director, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Lyons, Marika) (Entered: 05/08/2026)
Main Document:
1 - Sealed Document - to be used ONLY in conjunction with other selection AND Leave to Electronically File Document under Seal
May 08, 2026
ORDER: Respondents are directed to file a copy of the Interpol Red Notice by 5:00 P.M. today, May 8, 2026. The Red Notice may be filed under seal and ex parte for the Court's in camera review. In addition, the Government should be prepared to discuss at the hearing on Monday whether bases outside of the Immigration and Nationality Act permit or require detention of Petitioner, in light of the Red Notice, and to the extent such bases exist, whether Respondents are relying upon them to justify and maintain Petitioner's detention. So Ordered by Judge Sanket J. Bulsara on 5/8/2026. (LMR)
May 08, 2026
Order(Other)
May 11, 2026
MINUTE ENTRY AND ORDER: An in-person hearing was held on 5/11/2026 before Judge Sanket J. Bulsara. Counsel for Petitioner (Robert Bond) and counsel for Respondents (Marika Lyons and Diane Leonardo) were present. Petitioner was also present. Oral argument was held on the pending petition for a writ of habeas corpus. As stated on the record, Respondents are directed to file a letter by 12:00 P.M on May 12, 2026 identifying any authority that permits them to detain Petitioner under 8 U.S.C. § 1226(a) in light of the fact that Petitioner has not accrued any unlawful presence under 8 U.S.C. § 1182 (a)(9)(B)(iii)(II). So Ordered by Judge Sanket J. Bulsara on 5/11/2026. (Court Reporter Paul Lombardi.) (LMR)
May 11, 2026
Motion Hearing
#18
May 15, 2026
Transcript
Main Document:
Transcript
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