District of Arizona • 2:26-cv-01748

Kovalchuk v. McGregor

Completed

Case Information

Filed: March 15, 2026
Assigned to: Krissa M. Lanham
Referred to: Michael T. Morrissey
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (Federal)
Completed: October 29, 2026
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 15, 2026
PETITION for Writ of Habeas Corpus (Fed/2241) (TRO Requested). Filing fee received: $5.00, receipt number AAZDC-25354139 filed by Mykola Kovalchuk. (Goldman, Maurice) (Attachments: # 1 Civil Cover Sheet)(DXD) (Entered: 03/16/2026)
Main Document: Petition for Writ of Habeas Corpus (Fed/2241)
#2
Mar 15, 2026
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction and Memorandum in Support by Mykola Kovalchuk. (Goldman, Maurice) (DXD) (Attachment(s): # 1 Proposed Order) (DXD). *Modified to add proposed order on 3/16/2026 (DXD). (Entered: 03/16/2026)
Main Document: Preliminary Injunction AND Temporary Restraining Order
#3
Mar 15, 2026
DECLARATION of Paul O'Dwyer by Petitioner Mykola Kovalchuk. (Goldman, Maurice) (DXD) (Entered: 03/16/2026)
Main Document: Declaration
#4
Mar 15, 2026
SUMMONS Submitted by Mykola Kovalchuk. (Goldman, Maurice) (DXD) (Entered: 03/16/2026)
Main Document: Summons Submitted
#5
Mar 15, 2026
ORDER granting 2 Motion for Temporary Restraining Order. Respondents are enjoined from removing Petitioner Mykola Kovalchuk from the United States pending further order of this Court. Petitioner's request for a Preliminary Injunction remains pending. the Clerk of Court must immediately transmit by email a copy of this Order, the Petition, and Motion for Temporary Restraining Order to AUSA Melissa Kroeger, Lon Leavitt, Theo Nickerson, Dina Anagnopoulos, and Mary Finlon. Counsel for Petitioner must immediately serve the Petition, Motion, and this Order upon Counsel for Respondents. Counsel for Respondents must file a Response to the Motion for Preliminary Injunction no later than 3/17/26. Petitioner may file a Reply no later than 3/19/26. Counsel for Respondents must file a Notice of Compliance no later than 12:00 p.m. on 3/16/26 confirming Petitioner was not removed from the United States. pursuant to Fed. R. Civ. P. 65(b)(2) that unless extended, the temporary restraining order, which was issued on 3/15/26 at 10:00 p.m., shall expire at 10:00 p.m. on 3/29/26. Respondents must immediately confirm receipt of the Petition and TRO sent by email from the Court. Signed by Judge Steven P Logan on 3/15/26. (DXD) *Modified to correct file date on 3/16/2026 (DXD). (Entered: 03/16/2026)
Main Document: Order on Motion for TRO
#6
Mar 15, 2026
MINUTE ORDER: The Order entered at 5 on 3/15/26, lists a temporary case number of CV-26-09002-PHX-SPL for the sole purpose of a ruling on the Motion for Temporary Restraining Order by United States District Judge Steven P Logan. The matter has been opened as case number CV-26-01748-PHX-KML-MTM and been assigned to United States District Judge Krissa M Lanham and referred to Magistrate Judge Michael T Morrissey. All future pleadings should reflect the following case number: CV-26-01748-PHX-KML-MTM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 03/16/2026)
#7
Mar 15, 2026
NOTICE OF ASSIGNMENT (Attachments: # 1 Instructions) (DXD) (Entered: 03/16/2026)
Main Document: Notice of Assignment
#8
Mar 16, 2026
Summons Issued as to Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem, and U.S. Attorney. (DXD) (Entered: 03/16/2026)
Main Document: Summons Issued as to USA
#9
Mar 16, 2026
NOTICE OF ATTORNEY APPEARANCE: Brooks Chupp appearing for Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem. . (Chupp, Brooks) (Entered: 03/16/2026)
Main Document: Notice of Attorney Appearance/Substitution - USA
#10
Mar 16, 2026
NOTICE re: Compliance by Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem re: 5 Order on Motion for TRO,,,,, . (Chupp, Brooks) (Entered: 03/16/2026)
Main Document: Notice (Other)
Mar 16, 2026
Minute Order
#11
Mar 17, 2026
RESPONSE in Opposition re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem. (Chupp, Brooks) (Entered: 03/17/2026)
Main Document: Response in Opposition to Motion
#12
Mar 19, 2026
REPLY to Response to Motion re: 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Mykola Kovalchuk. (Attachments: # 1 Exhibit First Circuit Order granting stay of relief in DVD litigation)(O'Dwyer, Paul) (Entered: 03/19/2026)
Main Document: Reply to Response to Motion
Mar 19, 2026
Remark: Pro hac vice motion(s) granted for Paul O'Dwyer on behalf of Petitioner Mykola Kovalchuk. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
Mar 19, 2026
Remark re Pro Hac Vice Motion
#13
Mar 27, 2026
MOTION Extension of TRO re: 5 Order on Motion for TRO,,,,, by Mykola Kovalchuk. (Attachments: # 1 Proposed Order)(O'Dwyer, Paul) (Entered: 03/27/2026)
Main Document: Miscellaneous Relief
#14
Mar 27, 2026
AMENDED MOTION to Expedite 13 MOTION Extension of TRO re: 5 Order on Motion for TRO,,,,, by Mykola Kovalchuk. (Attachments: # 1 Certification in Support of Notice for Expedited Consideration)(O'Dwyer, Paul) (Entered: 03/27/2026)
Main Document: Expedite
#15
Mar 27, 2026
ORDER - IT IS ORDERED the Motion to Expedite (Doc. 14 ) is GRANTED. The temporary restraining order issued on March 15, 2025 is EXTENDED an additional fourteen days from its current expiration. IT IS FURTHER ORDERED no later than April 1, 2026, respondents shall file a statement as set forth in this order. See attached Order for complete details. Signed by Judge Krissa M Lanham on 3/27/2026. (NSH) (Entered: 03/27/2026)
Main Document: Order on Motion to Expedite
#16
Apr 01, 2026
STATEMENT of Non-Opposition to Proposed Preliminary Injunction re: 15 Order on Motion to Expedite, by Respondents Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem. (Chupp, Brooks) (Entered: 04/01/2026)
Main Document: Statement
#17
Apr 02, 2026
ORDER: The Motion for Preliminary Injunction (Doc. 2 ) is GRANTED to the extent respondents are enjoined from removing petitioner Mykola Kovalchuk from the United States pending issuance of the mandate in D.V.D. v. U.S. Dep't of Homeland Sec., No. 26-1212 (1st Cir.). No bond is required. The parties shall notify the court within seven days of when the First Circuit issues a decision. Respondents shall file an update within ten days of any developments in petitioner's removal proceedings material to the issues raised in the petition for habeas corpus. Signed by Judge Krissa M Lanham on 4/2/2026. (KJ) (Entered: 04/02/2026)
Main Document: Order on Motion for Preliminary Injunction
#18
Jul 14, 2026
AMENDED PETITION for Writ of Habeas Corpus (Fed/2241) re: 1 Petition for Writ of Habeas Corpus (Fed/2241) filed by Mykola Kovalchuk. Related document: 1 Petition for Writ of Habeas Corpus (Fed/2241) filed by Mykola Kovalchuk.(O'Dwyer, Paul) (Entered: 07/14/2026)
Main Document: Amended Petition for Writ of Habeas Corpus (Fed/2241)
#19
Jul 14, 2026
ORDER - IT IS ORDERED Respondents shall file a response to the amended petition no later than July 28, 2026. Among any other issues they wish to address, respondents should explain the effects of the court's preliminary injunction enjoining respondents from removing petitioner (Doc. 17 ) on their efforts to attempt to secure petitioner's removal and on the governing removal time periods for purposes of a claim under Zadvydas v. Davis, 533 U.S. 678 (2001). Petitioner shall file a reply no later than August 4, 2026. Ordered by Judge Krissa M Lanham on 7/14/2026. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) (Entered: 07/14/2026)
Jul 14, 2026
Order
#20
Jul 28, 2026
MOTION for Extension of Time to Respond to the Amended Petition by Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem. (Attachments: # 1 Proposed Order)(Chupp, Brooks) (Entered: 07/28/2026)
Main Document: Extension of Time
#21
Jul 29, 2026
ORDER granting 20 Motion for Extension of Time to Respond to the Amended Petition. IT IS ORDERED that Respondents' response to the Petition for Writ of Habeas Corpus is due no later than August 6, 2026. Ordered by Judge Krissa M Lanham on 7/29/2026. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) (Entered: 07/29/2026)
Jul 29, 2026
Order on Motion for Extension of Time
#22
Aug 06, 2026
RESPONSE to 18 Amended Petition for Writ of Habeas Corpus (Fed/2241), by Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem. (Attachments: # 1 Exhibit A)(Chupp, Brooks) (Entered: 08/06/2026)
Main Document: Response to Amended Habeas Petition (Fed/2241)
#23
Aug 12, 2026
REPLY TO 22 RESPONSE to Amended Habeas Petition (Fed/2241) filed by Mykola Kovalchuk. (O'Dwyer, Paul) (Entered: 08/12/2026)
Main Document: Reply to Response to Amended Habeas Petition (Fed/2241)
#24
Oct 06, 2026
STATUS REPORT regarding DVD litigation by Mykola Kovalchuk. (Attachments: # 1 Exhibit Supreme Court stay of District Court decision in DVD litigation)(O'Dwyer, Paul) (Entered: 10/06/2026)
Main Document: Report - Status
#25
Oct 22, 2026
ORDER - In July 2026, petitioner filed an amended petition for writ of habeas corpus. (Doc. 18 .) That petition challenges only his continued immigration detention. (Doc. 18 at 9-13.) Respondents responded to the amended petition, and petitioner replied. (Docs. 22, 23 .) On October 6, 2026, petitioner filed a notice regarding the status of litigation in D.V.D. v. U.S. Dep't of Homeland Sec., No. 26-1212 (1st Cir.), which suggests petitioner was still in immigration custody in New Jersey as of that date. (Doc. 24 at 4 ("Petitioner has now been detained for over eight months....").) The Department of Homeland Security's Immigration and Customs Enforcement Online Detainee Locator System now suggests petitioner is no longer in custody. IT IS ORDERED that Respondents shall have until October 28, 2026, to file a notice advising whether Petitioner is still detained by the Department of Homeland Security within the United States, or Petitioner has been removed from the United States or is released from detention such that the petition is moot. Petitioner's counsel may file a response no later than seven days after respondents' notice is filed. Ordered by Judge Krissa M Lanham on 10/22/2026. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NSH) (Entered: 10/22/2026)
#26
Oct 22, 2026
RESPONSE re: 25 Order,,,,, by Petitioner Mykola Kovalchuk. (O'Dwyer, Paul) (Entered: 10/22/2026)
Main Document: Response
Oct 22, 2026
Order
#27
Oct 28, 2026
STATUS REPORT by Pamela Bondi, Todd M Lyons, Christopher McGregor, Kristi Noem. (Anagnopoulos, Constance) (Entered: 10/28/2026)
Main Document: Report - Status
#28
Oct 29, 2026
ORDER - The Amended Petition for Writ of Habeas Corpus (Doc. 18 ) is DENIED. The Clerk shall enter judgment in favor of respondents and close this case. Signed by Judge Krissa M Lanham on 10/28/26. (DXD) (Entered: 10/29/2026)
Main Document: Order
#29
Oct 29, 2026
CLERK'S JUDGMENT - Pursuant to the Court's Order filed October 29, 2026, Petitioner's Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 is denied in favor of Respondents and this action is hereby closed. (DXD) (Entered: 10/29/2026)
Main Document: Clerks Judgment

Parties

Kovalchuk
Party
McGregor
Party