Western District of New York • 1:26-cv-01237

#1

Jun 17, 2026

PETITION for Writ of Habeas Corpus, filed by Jonathan Vinicio Sisalima-Chamba. (CGJ) (Entered: 06/17/2026)

#2

Jun 17, 2026

MOTION for Temporary Restraining Order by Jonathan Vinicio Sisalima-Chamba. (CGJ) (Entered: 06/17/2026)

#3

Jun 17, 2026

MOTION for Order to Show Cause by Jonathan Vinicio Sisalima-Chamba. (CGJ) (Entered: 06/17/2026)

#4

Jun 17, 2026

TEXT ORDER. Pro se Petitioner Jonathan Vinicio Sisalina-Chamba seeks relief under 28 U.S.C. § 2241. Dkt. 1 (petition); Dkt. 3 (order to show cause application accompanying petition). He also seeks a temporary restraining order. Dkt. 2. The Court denies the portion of the TRO motion that requests an order enjoining Respondents from transferring Petitioner outside the Western District of New York because the Court retains jurisdiction over the petition regardless of whether Petitioner is 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 also denies the portion of the TRO motion that requests an order enjoining Respondents from removing Petitioner from the United States while this proceeding is pending because 8 U.S.C. § 1252(g) bars this Court from ordering such relief. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999); Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011). The Court will address the balance of the TRO motion when it resolves the petition. Respondents shall respond to the petition, the order to show cause application, and the balance of the TRO motion by July 1, 2026. Petitioner's response is due by July 8, 2026. In their filings, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), the TRO motion (Dkt. 2), the order to show cause application (Dkt. 3), 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 6/17/2026. (KEF)This was mailed to: Petitioner. (Entered: 06/17/2026)

Jun 17, 2026

Remark. Chambers emailed a copy of Dkt. 1, Dkt. 2, Dkt. 3, and Dkt. 4 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

Jun 17, 2026

Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge and a Civil Case Timeline. (CGJ)

Jun 17, 2026

Filing fee received: $5.00, receipt number 100009843 (CGJ)