Western District of New York • 1:26-cv-01146

#1

Jun 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5855346.), filed by MOHAMMAD SHARHABEEL ALROSAN. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Attachment 1 replaced on 6/9/2026) (MMG). (Entered: 06/08/2026)

#2

Jun 09, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re related cases. (Khalil, Adam) (Entered: 06/09/2026)

Jun 09, 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. (MMG)

Jun 09, 2026

E-Filing Notification re 1 PETITION for Writ of Habeas Corpus: The Court replaced Attachment 1 to fit the document to the page. (MMG)

Jun 09, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (MMG)

#3

Jun 30, 2026

ORDER TO SHOW CAUSE. The parties are responsible for reviewing the full contents of the attached order, however, the Court highlights that Respondents return to the order to show cause is due within ten (10) days, and that Respondents are temporarily enjoined from transferring Petitioner out of the Western District of New York. Signed by Hon. Meredith A. Vacca on 6/30/2026. (TME) (Entered: 06/30/2026)

Jun 30, 2026

Remark: Clerk emailed 1 Petition and 3 Order to Show Cause to USANYW-Immigration-Habeas@usdoj.gov. (TME)

#4

Jul 10, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/10/2026)

#5

Jul 10, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney.(Cruz, Chelsea) (Entered: 07/10/2026)

#6

Jul 10, 2026

MEMORANDUM in Support re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Declaration of Deportation Officer, # 2 Exhibit A to Declaration)(Cruz, Chelsea) (Entered: 07/10/2026)

#7

Jul 13, 2026

TEXT SCHEDULING ORDER re. 5 - 6 . On or before July 24, 2026, Petitioner shall file a response to Respondents' motion to dismiss, which argues that Petitioner is detained pursuant to 8 U.S.C. § 1231 and as such has filed a premature petition. ECF No. 6 (discussing Zadvydas v. Davis, 533 U.S. 678 (2001)). In his response, Petitioner shall address, at a minimum: (1) why the Court should not dismiss Counts I and III of his petition, as pleaded, as moot, and (2) the applicability of Zadvydas to his claims for relief, particularly in light of the fact that Petitioner was arrested and detained before there was a final order of removal and Petitioner has contested the lack of process he received prior to his detention. If Petitioner intends to seek leave to file an amended petition, he must do so on or before July 24, 2026. Should Petitioner elect not to seek leave to amend his instant petition, that will not impact his ability to seek habeas relief in the future. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/13/26. (NWA) (Entered: 07/13/2026)

#8

Aug 12, 2026

MOTION to Dismiss by Mohammad Sharhabeel Alrosan.(Hartman, Theodore) (Entered: 08/12/2026)

#9

Aug 13, 2026

TEXT ORDER re. 8 . The Court afforded Petitioner until July 24, 2026, to respond to Respondents' motion to dismiss and, if deemed appropriate, to seek leave to file an amended complaint. ECF No. 7. Petitioner did not file anything by his deadline, and on August 12, 2026, filed what is entitled a "Motion to Dismiss," stating only that "[t]he Respondent has been ordered removed desires to return to Guyana and would like any hold terminated so he can effectuate that." ECF No. 8 at 2. The Court notes that the Petitioner is a citizen of Jordan, ECF No. 1 at 3, and was ordered removed to Jordan on June 30, 2026, ECF No. 6-2 at 4, 7. Despite this presumed misstatement, the Court construes Petitioner's "Motion to Dismiss" as a request for voluntary dismissal of his petition pursuant to Federal Rule of Civil Procedure 41(a)(2) especially given Petitioner's lack of response to Respondents' motion to dismiss and that fact that Petitioner's order of removal indicates that he withdrew all applications for relief from removal and waived his right to appeal. ECF No. 6-2 at 4, 7. On August 14, 2026, Court intends to grant Petitioner's request for voluntary dismissal, ECF No. 8, dismiss the petition, ECF No. 1, without prejudice, and deny as moot Respondents' motion to dismiss, ECF No. 5, unless either party objects by noon on August 14, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/13/26. (NWA) (Entered: 08/13/2026)

#10

Aug 14, 2026

TEXT ORDER. Having received no objection to the Court's August 13, 2026 Order, ECF No. 9, the Court grants Petitioner's motion to voluntarily dismiss his petition, ECF No. 8, dismisses the petition, ECF No. 1, without prejudice, and denies as moot Respondents' motion to dismiss, ECF No. 5 .The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/14/26. (NWA)Clerk to Follow up Modified on 8/17/2026 (NWA). (Entered: 08/14/2026)