Northern District of New York • 9:26-cv-01435

#1

Jul 26, 2026

EMERGENCY PETITION for Writ of Habeas Corpus (Filing fee $ 5. Receipt number ANYNDC-7694693) filed by Aminullah Amin, Nasim Wakil, Ronal Daniel Celis Donado, Elkin Johan Vergel Gonzalez, Mohammad Aqil Qasemi. (Attachments: # 1 Civil Cover Sheet) (lmw) (Only 1 filing fee paid for 5 petitioners). (Entered: 07/26/2026)

#2

Jul 26, 2026

TEXT ORDER directing the Clerk to serve copies of this Text Order and the petition upon the United States Attorney for the Northern District of New York; and it is ORDERED that Respondents shall file and serve an answer to the petition, and provide the Court with the relevant records, within fourteen (14) days of the date of this Text Order (08/10/26 the first week following weekday); and it is ORDERED that Petitioners may, but is not required to, file a reply within seven (7) days of the filing date of Respondents answer. The Court will determine whether a hearing is necessary after it reviews the answer and, if filed, the reply. Respondents are ENJOINED from transferring Petitioners outside of the Northern District of New York without prior leave of Court. The Court enters this Order with the understanding that at the time the Petition was filed, Petitioners were purportedly on a bus that was set to take them to the Western District of New York. Based on the allegations currently before the Court, that transfer is not permitted without the Courts leave. Signed by U.S. District Judge Mae A. D'Agostino on 07/26/2026. (Copies served upon other agencies as directed)(ban) (Entered: 07/26/2026)

#3

Jul 28, 2026

NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of All Defendants (Osborne, Alexis) (Entered: 07/28/2026)

#4

Jul 28, 2026

STATUS REPORT and transfer lift request by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Osborne, Alexis) (Entered: 07/28/2026)

Jul 28, 2026

TEXT Minute Entry for Telephone Status Conference held on 7/28/2026 before U.S. District Judge Mae A. D'Agostino: Appearances by Matthew Borowski, Esq. for the Petitioners; and Alexis Osborne, AUSA for the Respondents; Judge D'Agostino addresses counsel regarding the 4 letter request to modify the Court's 7/26/26 Orders, filed by the Respondents in cases 9:26-cv-1435, 9:26-cv-1436, and 9:26-cv-1439. The Court hears from counsel and will issue a decision on the letter requests in the next couple of days. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 3:41 p.m. - 3:47 p.m.]) (ban)

#5

Jul 29, 2026

TEXT ORDER modifying transfer injunction. The Court is in receipt of Respondents letter asking the Court to modify its previous Order which prohibited the transfer of Petitioner(s) outside of the Northern District of New York. Respondents ask for the Courts permission to transfer the Petitioner(s) to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York. Counsel for the Petitioner(s) opposes the modification. The Court held a telephone conference with counsel on June 28, 2026, during which Respondents counsel stated that the Buffalo Federal Detention Facility is the only available housing for Petitioner(s). In light of that representation, the Court MODIFIES its previous Order. Petitioner(s) may be transferred to the Western District of New York but shall not otherwise be moved out of the Northern or Western Districts of New York without leave of the Court. Wherever a Petitioner is housed, they shall always receive timely and appropriate access to counsel both telephonically and/or in person. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 07/29/2026. (ban) (Entered: 07/29/2026)

#6

Jul 29, 2026

AMENDED TEXT ORDER modifying transfer injunction. The Court is in receipt of Respondents letter asking the Court to modify its previous Order which prohibited the transfer of Petitioner(s) outside of the Northern District of New York. Respondents ask for the Courts permission to transfer the Petitioner(s) to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York. Counsel for the Petitioner(s) opposes the modification. The Court held a telephone conference with counsel on July 28, 2026, during which Respondents counsel stated that the Buffalo Federal Detention Facility is the only available housing for Petitioner(s). In light of that representation, the Court MODIFIES its previous Order. Petitioner(s) may be transferred to the Western District of New York but shall not otherwise be moved out of the Northern or Western Districts of New York without leave of the Court. Wherever a Petitioner is housed, they shall always receive timely and appropriate access to counsel both telephonically and/or in person. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 07/29/2026. (ban) (Entered: 07/29/2026)

Jul 29, 2026

Order

#7

Aug 10, 2026

RESPONSE to Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Declaration AUSA Alexis Osborne, # 2 Exhibit(s) A - Donado Form I-213 dated October 4, 2024, # 3 Exhibit(s) B - Donado Notice and Order of Expedited Removal, # 4 Exhibit(s) C - Donado Notice to Appear, # 5 Exhibit(s) D - Donado Order of Release on Recognizance, # 6 Exhibit(s) E - Donado Form I-213 dated July 27, 2026, # 7 Exhibit(s) F - Donado Form I-200 Warrant for Arrest, # 8 Exhibit(s) G - Wakil Form I-213 dated October 12, 2024, # 9 Exhibit(s) H - Wakil Notice to Appear and Credible Fear worksheet, # 10 Exhibit(s) I - Wakil Record of Parole Determination dated December 30, 2024, # 11 Exhibit(s) J - Wakil ATD Enrollment Notice to Alien, # 12 Exhibit(s) K - Wakil Form I-213 dated July 27, 2026, # 13 Exhibit(s) L- Wakil Form I-200 Warrant for Arrest, # 14 Exhibit(s) M - Wakil Termination of Parole Pursuant to 8 C.F.R. § 212.5(e), # 15 Exhibit(s) N - Qasemi Form I-213 dated June 23, 2024, # 16 Exhibit(s) O - Qasemi Credible Fear Determination Checklist, # 17 Exhibit(s) P - Qasemi Notice to Appear and Credible Fear worksheet, # 18 Exhibit(s) Q - Qasemi Record of Parole Determination dated August 27, 2024, # 19 Exhibit(s) R - Qasemi Form I-213 dated July 27, 2026, # 20 Exhibit(s) S - Qasemi Form I-200 Warrant for Arrest, # 21 Exhibit(s) T- Qasemi Termination of Parole Pursuant to 8 C.F.R. § 212.5(e), # 22 Exhibit(s) U - Gonzalez Form I-213 dated May 8, 2022, # 23 Exhibit(s) V- Gonzalez Interim Notice Authorizing Parole, # 24 Exhibit(s) W - Gonzalez ATD Enrollment Notice to Alien, # 25 Exhibit(s) X - Gonzalez Notice to Appear, # 26 Exhibit(s) Y - Gonzalez Form I-213 dated July 27, 2026, # 27 Exhibit(s) Z - Gonzalez Form I-200 Warrant for Arrest, # 28 Exhibit(s) AA - Amin - Form I-213 dated September 9, 2022, # 29 Exhibit(s) BB - Amin ATD Enrollment Notice to Alien, # 30 Exhibit(s) CC - Amin record of parole pursuant to INA § 212(d)(5) dated September 9, 2022, # 31 Exhibit(s) DD- Amin Notice to Appear, # 32 Exhibit(s) EE- Amin Order of Release on Recognizance dated November 15, 2022, # 33 Exhibit(s) FF - Amin Form I-213 dated July 27, 2026, # 34 Exhibit(s) GG - Amin Form I-200 Warrant for Arrest)(Osborne, Alexis) (Entered: 08/10/2026)

#8

Aug 12, 2026

Reply to re 7 Response to Habeas Petition,,,,,,,,, by Aminullah Amin, Mohammad Aqil Qasemi, Ronal Daniel Celis Donado, Elkin Johan Vergel Gonzalez, Nasim Wakil. (Borowski, Matthew) (Entered: 08/12/2026)

#9

Aug 12, 2026

MEMORANDUM-DECISION AND ORDER re 1 Emergency Petition for Writ of Habeas Corpus, filed by Nasim Wakil, Aminullah Amin, Elkin Johan Vergel Gonzalez, Ronal Daniel Celis Donado, Mohammad Aqil Qasemi: The Court hereby ORDERS that the petitions for writs of habeas corpus (Case No. 9:26-CV-1435, Dkt. No. 1 and Case No. 9:26-CV-1436) are GRANTED; and the Court further ORDERS that this decision shall be filed in both of the above-captioned cases; and the Court further ORDERS that Petitioners shall be released from custody no later than Wednesday, August 12, 2026, at 5:00 P.M.; and the Court further ORDERS that Respondents certify compliance with the Court's order regarding Petitioner's release no later than Thursday, August 13, 2026, at 9:00 A.M.; and the Court further ORDERS that, having considered the particular circumstances of this case and Mathews v. Eldridge, 424 U.S. 319 (1976), Petitioners shall not be re-detained without adequate notice to Petitioners and without an opportunity to be heard at a hearing where the Government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a) and the burden to demonstrate by clear and convincing evidence that Petitioners is either a danger to the community or a flight risk; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Petitioners' favor and close these cases; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules.. Signed by U.S. District Judge Mae A. D'Agostino on 08/12/2026. (ban) (Entered: 08/12/2026)

#10

Aug 12, 2026

JUDGMENT in favor of Aminullah Amin, Elkin Johan Vergel Gonzalez, Mohammad Aqil Qasemi, Nasim Wakil, Ronal Daniel Celis Donado against David Venturella, Markwayne Mullin, Philip Rhoney, Todd Blanche. (Attachments: # 1 Appeal Notice) (ban) (Entered: 08/12/2026)

#11

Aug 12, 2026

STATUS REPORT by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Osborne, Alexis) (Entered: 08/12/2026)