Northern District of New York • 9:26-cv-01800

#1

Sep 22, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.00, receipt number ANYNDC-7770875) filed by Nazir Khan. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 09/22/2026)

#2

Sep 22, 2026

NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella (Osborne, Alexis) (Entered: 09/22/2026)

#3

Sep 22, 2026

Letter Motion from Alexis M. Osborne for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella requesting that any anti-transfer order allow Respondents to house Petitioner within the Western District of New York submitted to Judge Hon. Mae A. D'Agostino . (Osborne, Alexis) (Entered: 09/22/2026)

#4

Sep 22, 2026

TEXT ORDER directing the Clerk to serve copies of this Text Order and the petition [Dkt. No. 1] 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, no later than Monday, September 28, 2026; and it is ORDERED that Petitioner may, but is not required to, file a reply no later than Wednesday, September 30, 2026. The Court will determine whether a hearing is necessary after it reviews the answer and, if filed, the reply. Respondents letter [Dkt. No. 3] is GRANTED. Respondents are ENJOINED from transferring Petitioners outside of the Northern and Western Districts of New York without prior leave of Court. Signed by U.S. District Judge Mae A. D'Agostino on 09/22/2026. (Copies served upon other agencies as directed upon AUSA)(ban) (Entered: 09/22/2026)

#6

Oct 02, 2026

MEMORANDUM-DECISION AND ORDER granting 1 Petition for Writ of Habeas Corpus filed by Nazir Khan: The Court hereby ORDERS that Petitioner's petition for writ of habeas corpus (Dkt. No. 1) is GRANTED; and the Court further ORDERS that Petit ioner's request for costs and reasonable attorneys' fees is DENIED as premature; and the Court further ORDERS that Petitioner be released from custody by October 3, 2026, at 5:00 P.M.; and the Court further ORDERS that Respondents certif y compliance with the Court's order regarding Petitioner's release no later than October 4, 2026, at 12:00 P.M.; and the Court further ORDERS that, having considered the particular circumstances of this case and Mathews v. Eldridge, 424 U.S. 319 (1976), Petitioner shall not be re-detained without adequate notice to Petitioner 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. 67; 1226(a) and the burden to demonstrate by clear and convincing evidence that Petitioner 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 Petitioner's fav or and close this case; 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 10/02/2026. (ban)

#7

Oct 02, 2026

Judgment