Western District of New York • 1:26-cv-01168

#1

Jun 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5857319.), filed by Egardo Sparks-Maita, Gilberto Maita Aray, Guillermo Sparks-Maita.(Austin, Paige) (Entered: 06/09/2026)

#2

Jun 09, 2026

CONTINUATION OF EXHIBITS by Gilberto Maita Aray, Egardo Sparks-Maita, Guillermo Sparks-Maita. to 1 Petition for Writ of Habeas Corpus Civil Cover Sheet filed by Gilberto Maita Aray, Egardo Sparks-Maita, Guillermo Sparks-Maita. (Austin, Paige) (Entered: 06/09/2026)

#3

Jun 09, 2026

MOTION for Temporary Restraining Order Preventing Petitioners' Transfer out of the Western District of New York by Gilberto Maita Aray, Egardo Sparks-Maita, Guillermo Sparks-Maita. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Exhibit Serrano Declaration, # 3 Text of Proposed Order Proposed Order)(Austin, Paige) (Entered: 06/09/2026)

#4

Jun 09, 2026

TEXT ORDER denying Petitioners' 3 Motion for a Temporary Restraining Order ("TRO"). There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioners' habeas petition regardless of where they are transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). The Court has considered Petitioners' additional arguments, but those arguments do not entitle them to a temporary restraining order here. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (moving party must establish: (1) a likelihood of irreparable harm absent preliminary relief; (2) a likelihood of success on the merits; (3) the balance of equities tipping in favor of the moving party; and (4) that the public interest is served by an injunction); see also Starbucks Corp. v. McKinney, 602 U.S. 339, 346 (2024) ("The default rule is that a plaintiff seeking a preliminary injunction must make a clear showing that 'he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'") (quoting Winter, 555 U.S. at 20); Jones v. Wolf, 467 F. Supp. 3d 74, 81 (W.D.N.Y. 2020) (the "same standard" governs consideration of an application for a temporary restraining order). Petitioners' motion for a temporary restraining order enjoining their transfer during the pendency of these proceedings, therefore, is denied. The Court will issue a separate text order setting forth deadlines for responding to the petition. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 6/9/2026. (KEF) (Entered: 06/09/2026)

Jun 09, 2026

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

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. (ARS)

#5

Jun 10, 2026

TEXT ORDER. Through counsel, Petitioners seek relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by June 24, 2026. Petitioners response is due by July 1, 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 6/10/2026. (KLH) (Entered: 06/10/2026)