Western District of New York • 1:26-cv-01354

#1

Jul 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5888672.), filed by Nasir Osman. (Attachments: # 1 Civil Cover Sheet)(Faulkner, Inessa) (Entered: 07/06/2026)

Jul 07, 2026

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

Jul 07, 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)

#2

Jul 08, 2026

MOTION for Temporary Restraining Order by Nasir Osman. (Attachments: # 1 Memorandum in Support)(Faulkner, Inessa) (Entered: 07/08/2026)

#3

Jul 08, 2026

TEXT ORDER. denying Petitioner's 2 Motion for a Temporary Restraining Order and Preliminary Injunction ("TRO/PI"). 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 Petitioner's habeas petition regardless of where he 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 has considered Petitioner's additional arguments, but those arguments do not entitle him to a TRO/PI 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). Petitioner's motion for a TRO/PI enjoining his transfer during the pendency of these proceedings, therefore, is denied. Respondents shall respond to the petition by July 15, 2026, and Petitioner's reply is due by July 22, 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/PI 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 7/8/2026. (KEF) (Entered: 07/08/2026)

Jul 08, 2026

Remark. Chambers sent Dkt. 1, Dkt. 2, and Dkt. 3 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

#4

Jul 15, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/15/2026)

#5

Jul 15, 2026

REPLY/RESPONSE to re 3 Text Order,,,,,,,,,, filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Cruz, Chelsea) (Entered: 07/15/2026)

#6

Jul 21, 2026

REPLY/RESPONSE to re 5 Reply/Response filed by Nasir Osman. (Faulkner, Inessa) (Entered: 07/21/2026)

#7

Jul 22, 2026

TEXT ORDER. Respondents concede that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. See Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Dkt. 5 at 2. As a result, the immigration court has jurisdiction over a bond hearing, pursuant to Da Cunha. Because Petitioner's detention has not become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than August 5, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/22/2026. (MFE).Clerk to Follow up (Entered: 07/22/2026)

#8

Jul 22, 2026

JUDGMENT in favor of Nasir Osman against Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 7/22/2026. (DDS) (Entered: 07/22/2026)