Southern District of Ohio • 1:26-cv-00821
Cabey v. Acting Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement
Active
Case Information
Filed: August 17, 2026
Assigned to:
Jeffery P. Hopkins
Referred to:
Karen L. Litkovitz
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
August 20, 2026
Parties:
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Docket Entries
#1
Aug 17, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number AOHSDC-11184723.), filed by Xamza Cumar Cabey. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Form, # 3 Summons Form, # 4 Summons Form, # 5 Summons Form, # 6 Summons Form, # 7 Exhibit ICE Detainee Locator Information, # 8 Exhibit Asylum Receipt, # 9 Exhibit Notice of Dismissal, # 10 Exhibit Request for CFI, # 11 Exhibit Parole, # 12 Exhibit ICE reporting document, # 13 Exhibit Order of the Immigration Judge, # 14 Exhibit Custody Review) (Dawson, David) (Entered: 08/17/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Aug 18, 2026
Summons Issued as to Acting Director of U.S. Immigration and Customs Enforcement, Acting Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Butler County Sheriff, Secretary, U.S. Department of Homeland Security, and U.S. Attorney General (bjc) (Entered: 08/18/2026)
Main Document:
Summons Issued as to USA
#3
Aug 18, 2026
ORDER: Petitioner brings this petition for a writ of habeas corpus under 28 U.S.C. § 2241. In order to preserve its jurisdiction, and pursuant to its authority under the All Writs Act, the Court ORDERS that Respondents shall neither remove Petitioner from this District nor allow him to be removed from this District unless or until the Court orders otherwise. See 28 U.S.C. § 1651(a). This order should not be construed as an expression of the Court's views on the merits of this matter. See Wheaton Coll. v. Burwell, 573 U.S. 958, 959 (2014). The Clerk is DIRECTED to (1) immediately provide a copy of the petition and its accompanying papers, along with a copy of this Order, to the United States Marshal to promptly personally serve to a Butler County Sheriff's Deputy in the Potter Stewart United States Courthouse. The Clerk is further DIRECTED to (2) serve a copy of the petition and its accompanying papers, along with a copy of this Order, by email to John J. Stark on behalf of the United States Attorney's Office for the Southern District of Ohio at john.stark@usdoj.gov. The Clerk is further DIRECTED to (3) promptly note proof of such service on the docket. Counsel for Respondents shall promptly file a notice of appearance. The parties are ORDERED to confer on a case schedule and file a joint proposed scheduling order no later than August 25, 2026. Signed by Judge Jeffery P. Hopkins on 8/18/2026. (kmc) (Entered: 08/18/2026)
Aug 18, 2026
Clerk's Notice for Consent to MJ Jurisdiction
Aug 18, 2026
CLERK'S NOTICE: In accordance with Federal Rule of Civil Procedure 73 and 28 U.S.C. 636(c), the parties are notified that if all parties consent, a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. The form may be accessed at the following link: AO-085. The consent form should be filled out, signed and filed electronically only if all parties wish to consent. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent form unless all parties have signed the consent. (bjc)
#4
Aug 19, 2026
ACKNOWLEDGMENT OF SERVICE Executed as to Butler County Sheriff Deputy. (kev) (Entered: 08/19/2026)
Main Document:
Acknowledgment of Service
#5
Aug 19, 2026
NOTICE of Appearance by William Bryan King, II for Respondents Acting Director of U.S. Immigration and Customs Enforcement, Acting Field Office Director of Enforcement and Removal Operations, Detroit Field Office, Immigration and Customs Enforcement, Secretary, U.S. Department of Homeland Security, U.S. Attorney General, U.S. Department of Homeland Security (King, William) (Entered: 08/19/2026)
Main Document:
Notice of Appearance
#6
Aug 20, 2026
Proposed Pretrial Order Joint Scheduling Order by Petitioner Xamza Cumar Cabey. (Dawson, David) (Entered: 08/20/2026)
Main Document:
Proposed Pretrial Order
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