Active
Case Information
Filed: May 27, 2026
Assigned to:
Marilyn Jean Horan
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (Pretrial Detainee)
Active
Last Activity:
June 11, 2026
Parties:
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Docket Entries
#1
May 17, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-32859508) Request for emergency relief to be separately filed..Document filed by A.D.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit).(Tacam Tzunun, Erik) (Entered: 05/17/2026)
Main Document:
PETITION
#2
May 17, 2026
ORDER: The Court has reviewed Petitioners application for a writ of habeas corpus. Petitioners transfer or removal to any location outside of this District, the Eastern District of New York, or the District of New Jersey is ADMINISTRATIVELY STAYED pending further order of the Court. (Signed by Judge Analisa Torres on 5/17/2026) (tr) Transmission to Office of the Clerk of Court for processing. (Entered: 05/17/2026)
Main Document:
ORDER:
#3
May 17, 2026
ORDER The Court is in receipt of Petitioners application for a writ of habeas corpus under 28 U.S.C. § 2241. See ECF No. 1. The Court ORDERS as follows:1.By May 18, 2026, Respondents shall: a.confirm that Petitioner remains detained within this District, the Eastern District of New York, or the District of New Jersey, in compliance with the Courts administrative stay order; and b.file a letter addressing: (1) the statutory basis for Petitioners detention; and (2) whether 8 U.S.C. § 1232 prohibits Petitioners continued detention by Immigration and Customs Enforcement (ICE).2.By May 19, 2026, Respondents shall file an answer. 3.By May 21, 2026, Petitioner shall file a reply, if any. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York of this order. (Signed by Judge Analisa Torres on 5/17/2026) (tr) Transmission to Office of the Clerk of Court for processing. (Entered: 05/17/2026)
Main Document:
ORDER
#4
May 17, 2026
ORDER : Petitioner's transfer or removal to any location outside of this District, the Eastern District of New York, or the District of New Jersey is ADMINISTRATIVELY STAYED pending further order of the Court. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. Counsel for Respondents shall promptly enter an appearance. SO ORDERED. (Signed by Judge Analisa Torres on 5/17/26) (yv) (Entered: 05/18/2026)
Main Document:
ORDER
#5
May 18, 2026
ORDER: Yesterday, Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Dkt. No. 1. Judge Torres, in her capacity as Part I judge, issued an order setting a briefing schedule on the Petition and restraining Respondents from transferring Petitioner outside this District, the Eastern District of New York, or the District of New Jersey pending a decision on the petition or any amended petition. Dkt. Nos. 23. Judge Torres's order shall remain in full effect. It is further ordered that this matter shall be heard by the Court on May 21, 2026 at 10:00 a.m. in the Thurgood Marshall United States Courthouse, Courtroom 1506, 40 Foley Square, New York, NY 10007. Respondents shall produce Petitioner at this hearing. SO ORDERED. Status Conference set for 5/21/2026 at 10:00 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 5/18/2026) (rro) (Entered: 05/18/2026)
Main Document:
ORDER:
#6
May 18, 2026
CIVIL COVER SHEET filed..(Tacam Tzunun, Erik) (Entered: 05/18/2026)
Main Document:
CIVIL
#7
May 18, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Rachel V.E. Jordan on behalf of A.D..(Jordan, Rachel) (Entered: 05/18/2026)
Main Document:
NOTICE
#8
May 18, 2026
LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated May 18, 2026 re: Response to the Court's questions. Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/18/2026)
Main Document:
LETTER
May 18, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Erik Leonardo Tacam Tzunun. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
May 18, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
May 18, 2026
Magistrate Judge Jennifer Willis 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. (jgo)
May 18, 2026
Case Designated ECF. (jgo)
#9
May 19, 2026
LETTER addressed to Judge Ronnie Abrams from Erik Tacam, Esq.; Rachel Jordan, Esq. dated 5/19/2026 re: May 21, 2026 Status Conference. Document filed by A.D...(Jordan, Rachel) (Entered: 05/19/2026)
Main Document:
LETTER
#10
May 19, 2026
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/19/2026)
Main Document:
NOTICE
#11
May 19, 2026
AFFIDAVIT OF SERVICE of Verified Emergency Petition for Writ of Habeas Corpus and Complaint, Civil Cover Sheet, and Exhibits A-F served on MARKWAYNE MULLIN; et al., on 5/18/2026. Service was made by Mail. Document filed by A.D...(Tacam Tzunun, Erik) (Entered: 05/19/2026)
Main Document:
AFFIDAVIT
#12
May 19, 2026
MOTION to Transfer Case to the Western District of Pennsylvania, or, Alternatively, to Dismiss. Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/19/2026)
Main Document:
MOTION
#13
May 19, 2026
MEMORANDUM OF LAW in Support re: 12 MOTION to Transfer Case to the Western District of Pennsylvania, or, Alternatively, to Dismiss. . Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/19/2026)
Main Document:
MEMORANDUM
#14
May 19, 2026
DECLARATION of Supervisory Detention and Deportation Officer Derek Lynch in Support re: 12 MOTION to Transfer Case to the Western District of Pennsylvania, or, Alternatively, to Dismiss.. Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/19/2026)
Main Document:
DECLARATION
#15
May 20, 2026
MOTION Modify or Strike the Requirement that Petitioner be Produced In-Person at the May 21 Hearing re: 5 Scheduling Order,,, . Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/20/2026)
Main Document:
MOTION
#16
May 20, 2026
MEMO ENDORSEMENT terminating 15 Motion. ENDORSEMENT: The hearing previously scheduled for May 21, 2026 is adjourned sinedie. Petitioner shall indicate in his reply brief whether he disputes the Government's assertion that he was physically located within the Western District of Pennsylvania at the time his habeas petition was filed, such that an evidentiary hearing is required. SO ORDERED.. (Signed by Judge Ronnie Abrams on 5/20/2026) (jca) (Entered: 05/20/2026)
Main Document:
MEMO
#17
May 20, 2026
LETTER addressed to Judge Ronnie Abrams from Rachel Jordan, Esq. and Erik Tacam, Esq. dated 5/20/2026 re: Imminent Removal of Petitioner from Moshannon Valley Processing Center. Document filed by A.D...(Jordan, Rachel) (Entered: 05/20/2026)
Main Document:
LETTER
#18
May 20, 2026
LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated May 20, 2026 re: ICE has confirmed that Petitioner is not being moved. Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin..(Waterman, Brandon) (Entered: 05/20/2026)
Main Document:
LETTER
#19
May 21, 2026
ORDER: The Government's motion to transfer argues that this Court does not have jurisdiction over the Petition because Petitioner was located in Pennsylvania when the Petition was filed. See Dkt. 13. The Court will hold argument on this issue on May 26, 2026, at 3:30 p.m., in Courtroom 1506 of the Thurgood Marshall United States Courthouse. The Court will make a determination as to whether Petitioner must be produced at this hearing after it has received Petitioner's reply brief, which is due today, and determined whether the parties have raised an issue of fact with respect to the Court's jurisdiction over the Petition. SO ORDERED. ( Oral Argument set for 5/26/2026 at 03:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 5/21/2026) (tg) (Entered: 05/21/2026)
#20
May 21, 2026
REPLY MEMORANDUM OF LAW in Opposition re: 12 MOTION to Transfer Case to the Western District of Pennsylvania, or, Alternatively, to Dismiss. . Document filed by A.D.. (Attachments: # 1 Exhibit Table of Exhibits, # 2 Exhibit Declaration of Ms. Possidente, # 3 Exhibit Affirmation of Ms. McSwain, # 4 Exhibit Declaration of Ms. Brillante-Weaver, # 5 Exhibit Statement of Ms. Barry, # 6 Exhibit Statement of Mr. Diallo, # 7 Exhibit Statement of Ms. Diallo, # 8 Exhibit Family Court Order, # 9 Exhibit Form I-862, Notice to Appear, # 10 Exhibit FBI Final Disposition Report, # 11 Exhibit Email Exchange Between Ms. Possidente and ICE Philadelphia Field Office, # 12 Exhibit Emails from Ms. Possidente to NUMC Staff, # 13 Exhibit NYPD Domestic Incident Report, # 14 Exhibit Form I-360 Receipt Notice).(Tacam Tzunun, Erik) (Entered: 05/21/2026)
Main Document:
REPLY
#21
May 22, 2026
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Tania Gabrielle Cohen on behalf of A.D..(Cohen, Tania) (Entered: 05/22/2026)
Main Document:
NOTICE
#22
May 22, 2026
ORDER: Respondents shall make an appropriate witness to address the question of Petitioner's location at 8:34 p.m. on May 17, 2026 available for testimony at Tuesday's hearing. It shall submit any additional documentary evidence of the same by Monday, May 25, 2026. Pursuant to 26 U.S.C. § 2243, the Government shall produce Petitioner at this hearing. See Walker v. Johnson, 312 U.S. 275, 285 (1941). SO ORDERED. (Signed by Judge Ronnie Abrams on 5/22/2026) (tg) (Entered: 05/22/2026)
#23
May 25, 2026
LETTER addressed to Judge Ronnie Abrams from Brandon M. Waterman dated May 25, 2026 re: Additional documentary support regarding Petitioner's location at 8:34pm on 5/17. Document filed by Todd Blanche, Joseph Edlow, William Joyce, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Exhibit 1 - GPS Transportation Route Map, # 2 Exhibit 2 - GPS time of arrival at Moshannon, # 3 Exhibit 3 GPS time when van was started to leave Moshannon, # 4 Exhibit 4 - GPS time when vehicle was moving leaving Moshannon, # 5 Exhibit 5 - Paragon transportation logs, # 6 Exhibit 6 - ICE EARM Book-in Screen, # 7 Exhibit 7 - GeoGroup Moshannon Arrival Log).(Waterman, Brandon) (Entered: 05/26/2026)
Main Document:
LETTER
#24
May 26, 2026
ORDER granting 12 Motion to Transfer Case. For the reasons stated on the record at today's hearing, the Clerk of Court is respectfully directed to transfer this case to the Western District of Pennsylvania. Local Civil Rule 83.1 directs the Clerk of Court to effectuate any transfer "upon the expiration of seven days" "unless ordered otherwise." Due to the emergency nature of this habeas petition, the Court further directs the Clerk of Court to effectuate the transfer of this case as soon as practicable. The motion pending at Docket No. 12 shall be closed. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/26/2026) (jjc) (Entered: 05/26/2026)
May 26, 2026
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of Pennsylvania (jjc)
#25
May 27, 2026
Case transferred in from District of New York Southern; Case Number 1:26-cv-04102. Original file certified copy of transfer order and docket sheet received. (Entered: 05/27/2026)
Main Document:
Case
May 27, 2026
Judge David S. Cercone added. (bjr)
#26
May 28, 2026
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 5/28/26. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm) (Entered: 05/28/2026)
#27
May 28, 2026
MOTION for attorney Erik Tacam to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9609496) by A.D.. (Attachments: # 1 Affidavit Affidavit of Erik Tacam, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order) (Tacam Tzunun, Erik) (Entered: 05/28/2026)
Main Document:
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
May 28, 2026
Judge Marilyn J. Horan added. (bjr)
May 28, 2026
Order Reassigning Case
#28
May 29, 2026
TEXT ORDER granting 27 Motion for Erik Tacam to Appear Pro Hac Vice.. Signed by Judge Marilyn J. Horan on 5/29/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jgb) Modified text on 5/29/2026. (jgb) (Entered: 05/29/2026)
#29
May 29, 2026
Temporary Restraining Order
Main Document:
Temporary Restraining Order
#30
May 29, 2026
BRIEF in Support re 29 Motion for TRO filed by A.D.. (Attachments: # 1 Exhibit Declaration of Ms. Possidente, # 2 Exhibit Birth Certificate, # 3 Exhibit Passport Bio Page, # 4 Exhibit Parental Consent, # 5 Exhibit ORR Documents, # 6 Exhibit State Court Orders, # 7 Exhibit Statement of Mr. Barry, # 8 Exhibit Statement of Mr. Diallo, # 9 Exhibit Statement of Ms. Diallo, # 10 Exhibit Declaration of Ms. Brillante-Weaver, # 11 Exhibit Temple University Report) (Tacam Tzunun, Erik) (Entered: 05/29/2026)
Main Document:
BRIEF
May 29, 2026
Order on Motion to Appear Pro Hac Vice
#32
May 30, 2026
A Status Conference is set for 6/2/2026 at 08:30 AM in a Video Conference before Judge Marilyn J. Horan to address Petitioner's 29 Motion for Temporary Restraining Order. Chambers Staff will reach out to the parties with information on connecting to the Video Conference. Signed by Judge Marilyn J. Horan on 5/30/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjm) (Entered: 05/30/2026)
#33
May 30, 2026
CERTIFICATE OF SERVICE by A.D. (Tacam Tzunun, Erik) (Entered: 05/30/2026)
Main Document:
CERTIFICATE
May 30, 2026
Order AND ~Util - Set Hearings
#37
Jun 02, 2026
NOTICE of Appearance by Heidi M. Grogan on behalf of TODD BLANCHE, JOSEPH EDLOW, WILLIAM JOYCE, TODD LYONS, Markwayne Mullin, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Grogan, Heidi) (Entered: 06/02/2026)
Main Document:
NOTICE
#38
Jun 02, 2026
Minute Entry for proceedings held before Judge Marilyn J. Horan: A Status Conference was held on 6/2/2026. The parties are directed to meet and confer regarding the pending TRO. The parties are directed to update the Court on or before 6/4/2026 at 12:00 p.m. (Court Reporter: Veronica Trettel) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (cjm) (Entered: 06/02/2026)
#39
Jun 02, 2026
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Main Document:
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
#40
Jun 04, 2026
TEXT ORDER granting 39 Motion for Rachel Jordan to Appear Pro Hac Vice. Signed by Judge Marilyn J. Horan on 6/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jgb) (Entered: 06/04/2026)
#41
Jun 04, 2026
RESPONSE to Motion re 29 MOTION for Temporary Restraining Order filed by TODD BLANCHE, JOSEPH EDLOW, WILLIAM JOYCE, TODD LYONS, Markwayne Mullin, WARDEN MOSHANNON VALLEY PROCESSING CENTER. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit) (Grogan, Heidi) (Entered: 06/04/2026)
Main Document:
RESPONSE
#42
Jun 04, 2026
STATUS REPORT by A.D.. (Jordan, Rachel) (Entered: 06/04/2026)
Main Document:
STATUS
#43
Jun 04, 2026
Per Petitioner's request, he may file a response to Respondents' 41 Response to Petitioner's Motion for Temporary Restraining Order within 7 days. Signed by Judge Marilyn J. Horan on 6/4/2026. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjm) (Entered: 06/04/2026)
#44
Jun 04, 2026
MOTION for attorney Tania Cohen to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-9629922) by A.D.. (Attachments: # 1 Affidavit of Tania Cohen in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing for Tania Cohen, # 3 Proposed Order for Motion for Admission Pro Hac Vice) (Cohen, Tania) (Entered: 06/04/2026)
Main Document:
Appear Pro Hac Vice (for Attorney filers only, Credit Card required)
Jun 04, 2026
Order on Motion to Appear Pro Hac Vice
Jun 04, 2026
Order
#45
Jun 05, 2026
Stay
Main Document:
Stay
#46
Jun 05, 2026
Order on Motion to Stay
Main Document:
Order on Motion to Stay
#47
Jun 11, 2026
Order on Motion to Appear Pro Hac Vice
Main Document:
Order on Motion to Appear Pro Hac Vice
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