Western District of New York • 1:26-cv-01322

#1

Jun 30, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5883643.), filed by JUAN GABRIEL LOJA ZARUMA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Welwood, Ryan) (Entered: 06/30/2026)

#2

Jun 30, 2026

First MOTION for Temporary Restraining Order by JUAN GABRIEL LOJA ZARUMA.(Welwood, Ryan) (Entered: 06/30/2026)

#3

Jun 30, 2026

TEXT ORDER. Petitioner Juan Gabriel Loja Zaruma seeks relief under 28 U.S.C. § 2241. Dkt. 1 (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 and the balance of the TRO motion by July 14, 2026. Petitioner's reply is due by July 21, 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 ), 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 6/30/2026. (TDM)Clerk to Follow up (Entered: 06/30/2026)

#4

Jun 30, 2026

Remark. Chambers emailed 1 Petition, 2 TRO, and 3 Text Order to USANYW-Immigration-Habeas@usdoj.gov (TDM) (Entered: 06/30/2026)

Jun 30, 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 30, 2026

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