Southern District of New York • 1:26-cv-06090

#1

Jul 17, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-33156211) Document filed by MOHAMED ELTAYEB ALI ELTAYEB..(O'Dwyer, Paul) (Entered: 07/17/2026)

#2

Jul 17, 2026

CIVIL COVER SHEET filed..(O'Dwyer, Paul) (Entered: 07/17/2026)

#3

Jul 17, 2026

ORDER: STAY OF REMOVAL: The undersigned issues this order in her capacity as Part I Judge. Petitioner shall not be removed from the United States absent further order of this Court. Respondents shall not transfer Petitioner except to a facility within this District, the Eastern District of New York, or the District of New Jersey absent further order of this Court. SO ORDERED. Hon. Ronnie Abrams. Transmission to Office of the Clerk of Court for processing. (Entered: 07/17/2026)

Jul 17, 2026

1 - Terminate Scheduling Order Deadlines AND Order

#4

Jul 20, 2026

ORDER TO ANSWER, 28 U.S.C. § 2241: Petitioner has filed a Petition for the writ of habeas corpus under 28 U.S.C. § 2241. The Court, having examined the Petition, hereby ORDERS that no later than Tuesday, July 21, 2026, at 12:00 p.m., Respondents shall file a letter with the following information: and further set forth in this Order. The parties shall appear for a conference before the Court in Courtroom 20C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York, 10007 on Tuesday, July 21, 2026, at 2:30 p.m. Alternatively, the parties may jointly propose a schedule for Respondents' answer and Petitioner's reply and, if there are no additional matters that the parties wish to discuss in-person with the Court, then the Court will cancel the conference. The Clerk of Court is respectfully directed to electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York of this Order. ( Status Conference set for 7/21/2026 at 02:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 7/20/2026) (rro) (Entered: 07/20/2026)

Jul 20, 2026

Notice to Attorney Regarding Party Modification

Jul 20, 2026

Case Designated ECF. (gp)

Jul 20, 2026

Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may 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. (gp)

Jul 20, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul O'Dwyer. The party information for the following party/parties has been modified: all parties. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (gp)

Jul 20, 2026

Case Opening Initial Assignment Notice

Jul 20, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(gp)

#5

Jul 21, 2026

LETTER addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated July 21, 2026 re: Joint request to adjourn conference and the Government's initial response to the Court's questions. Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin..(Waterman, Brandon) (Entered: 07/21/2026)

#6

Jul 21, 2026

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin..(Waterman, Brandon) (Entered: 07/21/2026)

#7

Jul 21, 2026

MEMO ENDORSEMENT on re: 5 Letter, filed by Kenneth Genalo, Todd Blanche, Todd Lyons, Darrin Margolin, Markwayne Mullin. ENDORSEMENT: The conference scheduled for 2:30 p.m. on Tuesday, July 21, 2026, is now canceled. Respondent's opposition is due no later than Wednesday, July 22, 2026, at noon. Petitioner's reply is due no later than Friday, July 24, 2026.. ( Responses due by 7/22/2026, Replies due by 7/24/2026.) (Signed by Judge Valerie E. Caproni on 7/21/2026) (rro) Modified on 7/22/2026 (rro). (Entered: 07/21/2026)

#8

Jul 22, 2026

DECLARATION of Deportation Officer Matthew Shanahan in Opposition re: 1 Petition for Writ of Habeas Corpus. Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin..(Waterman, Brandon) (Entered: 07/22/2026)

#9

Jul 22, 2026

RESPONSE re: 1 Petition for Writ of Habeas Corpus . Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin. (Attachments: # 1 Exhibit A - Pastuna Pastuna Govt Opposition Brief, # 2 Exhibit B - Pastuna Pastuna Transcript of Oral Decision, # 3 Exhibit 1 - Form I-213 (2024), # 4 Exhibit 2 - Form I-860 Expedited Removal Order, # 5 Exhibit 3 - Notice to Appear, # 6 Exhibit 4 - Parole Notice, # 7 Exhibit 5 - ATD enrollment, # 8 Exhibit 6 - RAP sheet, # 9 Exhibit 7 - Form I-200 Warrant for Arrest, # 10 Exhibit 8 - Form I-213 (2026)).(Waterman, Brandon) (Entered: 07/22/2026)

#10

Jul 22, 2026

CONSENT LETTER MOTION for Extension of Time to File the Government's Response (ECF No. 9), Nunc Pro Tunc addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated July 22, 2026. Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin..(Waterman, Brandon) (Entered: 07/22/2026)

#11

Jul 23, 2026

CONSENT LETTER MOTION for Extension of Time to file reply addressed to Judge Valerie E. Caproni from Paul ODwyer dated July 23, 2026. Document filed by Mohamed Eltayeb Ali Eltayeb..(O'Dwyer, Paul) (Entered: 07/23/2026)

#12

Jul 23, 2026

ORDER granting 10 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/23/2026) (rro) (Entered: 07/23/2026)

#13

Jul 23, 2026

ORDER granting 11 Letter Motion for Extension of Time. Application GRANTED.SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/23/2026) (rro) (Entered: 07/23/2026)

Jul 23, 2026

Set/Reset Deadlines: Replies due by 7/27/2026. (rro)

#14

Jul 27, 2026

CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 9 Response,, addressed to Judge Valerie E. Caproni from Paul O'Dwyer dated July 27, 2026. Document filed by Mohamed Eltayeb Ali Eltayeb..(O'Dwyer, Paul) (Entered: 07/27/2026)

#15

Jul 29, 2026

ORDER granting 14 Letter Motion for Extension of Time to File Response/Reply. Petitioner's deadline to reply is adjourned to July 30, 2026. The parties must meet and confer and submit a joint letter by no later than 12:00 p.m. on July 30, 2026, indicating (1) whether Petitioner has been able to meet with his counsel and (2) whether (a) the transfer of electronic documents between Petitioner and his counsel and (b) the release of Petitioner's physically property to his counsel have been completed. If not, Respondents must indicate whether they object to Petitioner's requested orders. Responses due by 7/30/2026. (Signed by Judge Valerie E. Caproni on 7/29/2026) (rro) (Entered: 07/29/2026)

#16

Jul 30, 2026

STATUS REPORT. in response to ECF 15 Document filed by Mohamed Eltayeb Ali Eltayeb..(O'Dwyer, Paul) (Entered: 07/30/2026)

#17

Jul 30, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 18 Reply) - REPLY to Response to Motion re: 10 CONSENT LETTER MOTION for Extension of Time to File the Government's Response (ECF No. 9), Nunc Pro Tunc addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated July 22, 2026. . Document filed by Mohamed Eltayeb Ali Eltayeb. (Attachments: # 1 Affidavit Petitioner's declaration, # 2 Exhibit Petitioner's criminal history search reults, # 3 Exhibit Petitioner's criminal history).(O'Dwyer, Paul) Modified on 7/31/2026 (db). As per ECF-ERROR Email Correspondence Received on 7/31/2026 @ 4:58pm. (Entered: 07/30/2026)

#18

Jul 31, 2026

REPLY re: 9 Response,, 8 Declaration in Opposition . Document filed by Mohamed Eltayeb Ali Eltayeb. (Attachments: # 1 Affidavit Petitioner's declaration, # 2 Exhibit Petitioner's criminal history search results, # 3 Exhibit Petitioner's criminal history search results).(O'Dwyer, Paul) (Entered: 07/31/2026)

#19

Aug 14, 2026

OPINION & ORDER: For the foregoing reasons, the Petition for Writ of Habeas Corpus at Dkt. 1 is GRANTED. No later than Thursday, August 20, 2026, Respondents must provide a bond hearing to Petitioner. Consistent with this decision, at such hearing: (1) the Government must bear the burden of proof to establish by clear and convincing evidence that Petitioner poses a flight risk or danger to the public; (2) even if Respondents make that showing, the Immigration Judge must consider alternatives to detention that will reasonably mitigate any flight risk or danger to the community; and (3) the Immigration Judge, in setting the amount of a bond, must consider Petitioner's ability to pay. Respondents are ordered to (1) file a letter on the docket no later than Monday, August 17, 2026, confirming that the bond hearing has been scheduled and stating the date and time when it will occur; (2) furnish this decision to the Immigration Judge meaningfully in advance of the hearing; and (3) file a letter on the docket no later than Friday, August 21, 2026, with an update as to the outcome of the bond hearing. Respondents must also promptly order a transcript or recording of the hearing and file it on the docket. Should Respondents fail to provide such a hearing by this deadline, Respondents shall immediately release Petitioner from detention. The Court retains jurisdiction over this matter to ensure compliance with this decision. In response to Petitioner's request for attorneys' fees and costs, after the conclusion of the case, counsel for Petitioner may file an application pursuant to 28 U.S.C. 2412 within the time frame provided by the Local Rules. The Court will determine eligibility at that point. (Signed by Judge Valerie E. Caproni on 8/14/2026) (tro) (Entered: 08/14/2026)

#20

Aug 18, 2026

LETTER addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated August 18, 2026 re: Confirmation that a burden-shifted bond hearing has been scheduled. Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin..(Waterman, Brandon) (Entered: 08/18/2026)

#21

Aug 21, 2026

LETTER addressed to Judge Valerie E. Caproni from Brandon M. Waterman dated August 21, 2026 re: Outcome of the bond hearing. Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin. (Attachments: # 1 Exhibit IJ Bond Order).(Waterman, Brandon) (Entered: 08/21/2026)

#22

Aug 21, 2026

LETTER addressed to Judge Valerie E. Caproni from Paul J ODwyer dated August 21, 2026 re: bond hearing, and seeking immediate release. Document filed by Mohamed Eltayeb Ali Eltayeb. (Attachments: # 1 Exhibit Declaration of Paul O'Dwyer, # 2 Exhibit DHS bond evidence, # 3 Exhibit Petitioner's bond evidence).(O'Dwyer, Paul) (Entered: 08/21/2026)

#23

Aug 24, 2026

ORDER The undersigned issues this order in her capacity as Part I Judge, at Judge Caproni's request. The Court is in receipt of Petitioner's letter dated August 21, 2026. Dkt. No. 22. The parties shall appear for a conference regarding Respondents' compliance with the Court's prior order, on Tuesday, August 25, 2026, at 11:30 a.m. The conference will be held in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY. Respondents are further ORDERED to produce the Petitioner for the conference, along with any personal property belonging to the Petitioner currently being held for him at Delaney Hall. If Respondents have a transcript of the bond hearing available, they shall promptly provide it to Petitioner's counsel and to the Court. (HEREBY ORDERED by Judge Margaret M. Garnett) (Text Only Order) (Garnett, Margaret) (Entered: 08/24/2026)

Aug 24, 2026

Order

#24

Aug 25, 2026

LETTER addressed to Judge Margaret M. Garnett from Brandon M. Waterman dated August 25, 2026 re: Bond Hearing Transcript and Record of Proceedings. Document filed by Todd Blanche, Kenneth Genalo, Todd Lyons, Darrin Margolin, Markwayne Mullin. (Attachments: # 1 Exhibit Bond Hearing Transcript, # 2 Exhibit IJ Bond Order, # 3 Exhibit Petitioner's Bond Submission, # 4 Exhibit ICE's Bond Submission, # 5 Exhibit Scheduling Notice and District Court's Order).(Waterman, Brandon) . (Entered: 08/25/2026)

#25

Aug 25, 2026

ORDER As ordered on the record at the August 25, 2026 conference, and in order to effectuate Judge Caproni's August 14 Order, Respondents are directed to immediately release Petitioner from detention, on conditional parole with the same terms and conditions applicable to his parole before being detained on July 17, 2026. Petitioner may seek whatever further relief is necessary from the Court if there are any issues regarding compliance with this Order. (HEREBY ORDERED by Judge Margaret M. Garnett on Part One) (Text Only Order) (Garnett, Margaret) (Entered: 08/25/2026)

Aug 25, 2026

Order

Aug 25, 2026

Status Conference

Aug 25, 2026

Minute Entry for proceedings held before Judge Margaret M. Garnett, PART ONE: Status Conference held on 8/25/2026. Counsel Paul O'Dwyer present for Petitioner. counsel Brandon Waterman present for Respondent. (Court Reporter Dana Holland) (kv) .