Western District of New York • 1:26-cv-00988

#1

May 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5828110.), filed by Pawan Kumar. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Ex. 1: Notice to Appear, # 3 Exhibit Ex. 2: Order of Release on Recognizance, # 4 Exhibit Ex. 3: Work Authorization Card, # 5 Exhibit Ex. 4: NY Driver's License, # 6 Exhibit Ex. 5: NY Ticket for Illegal Sale of Alcohol, # 7 Exhibit Ex. 6: Alcohol Awareness Training Certificate)(Pearson, Jonathan) (Attachment 1 replaced on 5/14/2026) (ARS). (Entered: 05/13/2026)

#2

May 14, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by May 28, 2026. Petitioner's response is due by June 4, 2026. In their briefs, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), 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 5/14/2026. (KLH) (Entered: 05/14/2026)

May 14, 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. (ARS)

May 14, 2026

Case assigned to Hon. John L. Sinatra, Jr.. Notification to chambers of online civil opening. (ARS)

May 14, 2026

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

#3

May 24, 2026

Letter filed by Pawan Kumar re Dismissal of NY Penal Law charge against Petitioner. (Pearson, Jonathan) (Entered: 05/24/2026)

#4

May 27, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/27/2026)

#5

May 27, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 05/27/2026)

#6

Jun 01, 2026

RESPONSE in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pawan Kumar. (Pearson, Jonathan) (Entered: 06/01/2026)

#7

Jun 15, 2026

TEXT ORDER. Respondents shall file a status report by June 23, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 6/15/2026. (KEF) (Entered: 06/15/2026)

#8

Jun 15, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney withdrawing motion to dismiss and acknowledging applicability of Da Cunha. (Khalil, Adam) (Entered: 06/15/2026)

#9

Jun 16, 2026

TEXT ORDER. The Government has conceded that Petitioner is entitled to a bond hearing under Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Dkt. 8. Because Petitioner's detention has not become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents' motion to dismiss (Dkt. 5) is denied, and Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than June 30, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 6/16/2026. (KEF)Clerk to follow up. (Entered: 06/16/2026)

#10

Jun 16, 2026

JUDGMENT in favor of Pawan Kumar against Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 6/16/2026. (CGJ) (Entered: 06/16/2026)