Western District of New York • 1:26-cv-01504

Khudeish v. Joyce

Completed

Case Information

Filed: July 23, 2026
Assigned to: John Leonard Sinatra Jr.
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 17, 2026
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
Second PETITION for Writ of Habeas Corpus CUSTODY STATUS ( Filing fee $ 5 receipt number ANYWDC-5913708.), filed by KHUDEISH DIAEDDIN. (Attachments: # 1 Civil Cover Sheet)(El Nemr, Kareem) (Attachment 1 replaced on 7/24/2026) (KKR). (Entered: 07/23/2026)
Main Document: Second
Jul 24, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (KKR)
Jul 24, 2026
E-Filing Notification re 1 PETITION: Attachment 1 was flattened and replaced. For future reference, please ensure that all documents are flattened prior to filing. (KKR)
Jul 24, 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. 636(c) 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. (KKR)
#2
Jul 27, 2026
TEXT ORDER. Petitioner Diaeddin Hatem Younis Khudeish seeks relief under 28 U.S.C. § 2241. Dkt. 1. The Court denies the portion of the Petition 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."). Respondents shall respond to the petition by August 10, 2026. Petitioner's reply is due by August 17, 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) 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 7/27/2026. (MFE). Clerk to Follow up (Entered: 07/27/2026)
#3
Jul 27, 2026
Remark. Chambers emailed the Petition, Dkt. 1, to USANYW-Immigration-Habeas@usdoj.gov. (MFE). (Entered: 07/27/2026)
#4
Aug 10, 2026
NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Executive Office for Immigration Review, William Joyce, Todd M. Lyons, Mark Wayne Mullins, U.S. Department of Homeland Security. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 08/10/2026)
#5
Aug 10, 2026
REPLY/RESPONSE to re 2 Text Order,,,,, filed by Michael Ball, Todd Blanche, Executive Office for Immigration Review, William Joyce, Todd M. Lyons, Mark Wayne Mullins, U.S. Department of Homeland Security. (Attachments: # 1 Order from Prior Case)(Khalil, Adam) (Entered: 08/10/2026)
Main Document: REPLY/RESPONSE
#6
Aug 13, 2026
REPLY/RESPONSE to re 5 Reply/Response, filed by Diaeddin Hatem Younis Khudeish. (El Nemr, Kareem) (Entered: 08/13/2026)
Main Document: REPLY/RESPONSE
#7
Aug 17, 2026
DECISION AND ORDER that the Petitioner is detained under 8 U.S.C.§ 1225(b)(2)(A) and is not otherwise entitled to a bond hearing. Respondents' motion to dismiss, Dkt. 5, is granted, and the petition is denied. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 8/17/2026. (DDS) (Entered: 08/17/2026)
Main Document: DECISION AND ORDER that the Petitioner is detained under 8 U.S.C.§ 1225(b)(2)(A) and is not otherwise entitled to a bond hearing. Respondents' motion to dismiss, Dkt. 5, is granted, and the petition is denied. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 8/17/2026. (DDS)
#8
Aug 17, 2026
JUDGMENT in favor of Executive Office for Immigration Review, Mark Wayne Mullins, Michael Ball, Todd Blanche, William Joyce against Diaeddin Hatem Younis Khudeish. Signed by Andrew W. Moeller, Clerk of Court, on 8/17/2026. (DDS) (Entered: 08/17/2026)
Main Document: JUDGMENT
#9
Aug 24, 2026
First MOTION to Alter Judgment by Diaeddin Hatem Younis Khudeish. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Certificate of Service)(El Nemr, Kareem) (Entered: 08/24/2026)
Main Document: First
#10
Aug 24, 2026
MOTION to Expedite by Diaeddin Hatem Younis Khudeish. (Attachments: # 1 Certificate of Service)(El Nemr, Kareem) (Entered: 08/24/2026)
Main Document: MOTION
#11
Aug 25, 2026
TEXT ORDER re Dkt. 9: Respondents' response is due September 3, 2026. Petitioner's reply is due September 10, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/25/2026. (MFE). (Entered: 08/25/2026)
#12
Aug 31, 2026
RESPONSE in Opposition re 9 First MOTION to Alter Judgment filed by Michael Ball, Todd Blanche, Executive Office for Immigration Review, William Joyce, Mark Wayne Mullins, U.S. Department of Homeland Security, David Venturella. (Khalil, Adam) (Entered: 08/31/2026)
Main Document: RESPONSE
#13
Sep 03, 2026
MEMORANDUM in Support re 9 First MOTION to Alter Judgment filed by Diaeddin Hatem Younis Khudeish. (El Nemr, Kareem) (Entered: 09/03/2026)
Main Document: MEMORANDUM