Southern District of New York • 1:26-cv-07226

Shaban v. Genalo

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Case Information

Filed: August 24, 2026
Assigned to: George B. Daniels
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241in Habeas Corpus: INS
Active
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 24, 2026
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33332918) Request for emergency relief to be separately filed..Document filed by HUSSEIN FAIAD SHABAN. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Copy of Removal Order with CAT Grant and Order of Supervision).(Langer, Jonathan) (Entered: 08/24/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Aug 25, 2026
CIVIL COVER SHEET filed..(Langer, Jonathan) (Entered: 08/25/2026)
Main Document: Civil Cover Sheet
#3
Aug 25, 2026
EMERGENCY MOTION for Temporary Restraining Order . Document filed by Hussein Faiad Shaban. (Attachments: # 1 Exhibit Memorandum of Law in Support of Motion for TRO, # 2 Exhibit Declaration of Jonathan Langer, Esq., # 3 Proposed Order Granting TRO).(Langer, Jonathan) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 08/25/2026)
Main Document: Temporary Restraining Order
#4
Aug 25, 2026
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that: 1. Respondents show cause why the TRO should not be granted by August 26, 2026. 2. The parties APPEAR before this Court for a hearing on the motion for TRO Petition on Thursday, August 27, 2026, at 3:00 p.m. in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. 3. Pending consideration of the TRO and the Petition, Respondents are hereby RESTRAINED from transferring the Petitioner out of the Southern District of New York, the Eastern District of New York, or the District of New Jersey, and, relatedly, the United States of America. Respondents are further ORDERED to provide access for Petitioner's CLL treatment during any period of detention and if they are unable to provide the treatment for any reason, they shall promptly notify the Court. The Court will set a further schedule for adjudication of the Petition at the TRO hearing. By August 26, 2026, Petitioner's counsel is directed (1) to serve Respondents with a copy of the Petition, along with a copy of this Order, by overnight mail or hand-delivery to the United States Attorney's Office for the Southern District of New York at 86 Chambers Street, New York, NY, and by electronic delivery to jeffrey.oestericher@usdoj.gov and brandon.waterman@usdoj.gov; and (2) to promptly file proof of such service on the docket. The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order at the following email addresses: jeffrey.oestericher@usdoj.gov and brandon.waterman@usdoj.gov. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. Show Cause Hearing set for 8/27/2026 at 03:00 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. Show Cause Response due by 8/26/2026. (Signed by Judge Margaret M. Garnett, PART ONE on 8/25/2026) (kv) (Entered: 08/25/2026)
Main Document: Order to Show Cause
#5
Aug 25, 2026
LETTER addressed to Judge Margaret M. Garnett from Jonathan Langer dated 08/25/2026 re: Consent Letter Requesting Remote Appearance and Modification of Service Requirement. Document filed by Hussein Faiad Shaban. (Attachments: # 1 Exhibit Email with Respondent's Counsel).(Langer, Jonathan) (Entered: 08/25/2026)
Main Document: Letter
Aug 25, 2026
Case Opening Initial Assignment Notice
Aug 25, 2026
Case Designated ECF. (jgo)
Aug 25, 2026
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
Aug 25, 2026
Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
Aug 25, 2026
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Andrew Langer. The party information for the following party/parties has been modified: HUSSEIN FAIAD SHABAN; KENNETH GENALO; MARKW MULLIN; TODD BLAN. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (jgo)
Aug 25, 2026
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Jonathan Andrew Langer. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
Aug 25, 2026
Notice to Attorney to Submit/File Civil Cover Sheet
Aug 25, 2026
Notice to Attorney Regarding Party Modification
#6
Aug 26, 2026
MEMO ENDORSEMENT on re: 5 Letter, filed by Hussein Faiad Shaban. ENDORSEMENT: GRANTED. The hearing scheduled for this Thursday, August 27, 2026, will be conducted via Microsoft Teams. The public one-touch dial-in for the conference audio is: +1 646-453-4442,,517267335#. Counsel of record will receive a direct Microsoft Teams link via email in advance of the conference. Petitioner's electronic service of this Court's August 25 Order satisfies the service requirement therein. SO ORDERED. (Signed by Judge Margaret M. Garnett on 8/26/2026) (mml) (Entered: 08/26/2026)
Main Document: Memo Endorsement
#7
Aug 26, 2026
DECLARATION of Jonathan Langer, Esq. in Support re: 3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Hussein Faiad Shaban. (Attachments: # 1 Exhibit A - Letter from Zachary Epstein-Peterson, M.D, # 2 Exhibit B - Memorial Sloan Kettering record, dated 08/22/2026).(Langer, Jonathan) (Entered: 08/26/2026)
Main Document: Declaration in Support of Motion
#8
Aug 26, 2026
NOTICE OF APPEARANCE by Kathleen M Lewis on behalf of Todd Blanche, Kenneth Genalo, Markwayne Mullin..(Lewis, Kathleen) (Entered: 08/26/2026)
Main Document: Notice of Appearance
#9
Aug 26, 2026
RESPONSE to Motion re: 3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Todd Blanche, Kenneth Genalo, Markwayne Mullin. (Attachments: # 1 Exhibit 1 - Revocation of Order of Supervision, # 2 Exhibit 2 - Record of Informal Interview).(Lewis, Kathleen) (Entered: 08/26/2026)
Main Document: Response to Motion
#10
Aug 27, 2026
RESPONSE in Support of Motion re: 3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Hussein Faiad Shaban..(Langer, Jonathan) (Entered: 08/27/2026)
Main Document: Response in Support of Motion
#11
Aug 27, 2026
DECLARATION of Jonathan Langer, Esq. in Support re: 3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Hussein Faiad Shaban. (Attachments: # 1 Exhibit A - Declaration of Oliver Barker-Vormawor, Esq., # 2 Exhibit B - Health Policy Watch Article concerning the May 29, 2026 passage by Ghanas Parliament of the Human Sexual Rights and Family Values Bill).(Langer, Jonathan) (Entered: 08/27/2026)
Main Document: Declaration in Support of Motion
#12
Aug 27, 2026
ORDER granting 3 Motion for TRO: On the Government's consent, the present petition (and therefore the TRO) is GRANTED. Petitioner is ORDERED released as soon as feasible. The Government is aware of its clients' obligations to abide by all applicable law and regulations, including, but not limited to, Petitioner's right to be given meaningful notice and an opportunity to be heard on any identified proposed third country of removal. The Court will hold the conference as scheduled today to discuss when Petitioner's transfer back to New York is able to occur in light of his medical condition and the Government's representations that it may be medically necessary for Petitioner to remain at the facility in Louisiana for some period of time before he can be safely transported. (HEREBY ORDERED by Judge Margaret M. Garnett)(Text Only Order) (Garnett, Margaret) (Entered: 08/27/2026)
#13
Aug 27, 2026
ORDER As discussed on the record at the conference on August 27, 2026, Respondents are hereby ORDERED to return Petitioner to New York City within the next 48 hours (i.e. by 5:00 p.m. on Saturday, August 29, 2026). Because Petitioner has been ordered released, he should not be in custody and must be transported (or provided with suitable transportation at Government expense) in a NON-CUSTODIAL MANNER (in other words, he is not to be shackled or restrained in any way, as he is not in lawful custody and no showing whatsoever has been made that he presents any danger to the public or to Respondents' employees, or is a risk of flight). Counsel for the Government shall file a letter by Monday, August 31, 2026, confirming compliance with this Order. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 08/27/2026)
Aug 27, 2026
Order on Motion for TRO
Aug 27, 2026
Status Conference
Aug 27, 2026
Order
Aug 27, 2026
Minute Entry for proceedings held before Judge Margaret M. Garnett: Status Conference held on 8/27/2026. Counsel Jonathan Langer present for Petitioner. Counsel Kathleen Lewis present for Respondents. (Court Reporter Dana Holland) (kv)
#14
Aug 28, 2026
Letter
Main Document: Letter
#15
Aug 31, 2026
Memo Endorsement
Main Document: Memo Endorsement
#16
Sep 02, 2026
Judgment - Clerk
Main Document: Judgment - Clerk