Northern District of New York • 9:26-cv-01435
Vergel Gonzalez v. Rhoney
Active
Case Information
Filed: July 26, 2026
Assigned to:
Mae Avila D'Agostino
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 29, 2026
Parties:
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Docket Entries
#1
Jul 26, 2026
EMERGENCY PETITION for Writ of Habeas Corpus (Filing fee $ 5. Receipt number ANYNDC-7694693) filed by Aminullah Amin, Nasim Wakil, Ronal Daniel Celis Donado, Elkin Johan Vergel Gonzalez, Mohammad Aqil Qasemi. (Attachments: # 1 Civil Cover Sheet) (lmw) (Only 1 filing fee paid for 5 petitioners). (Entered: 07/26/2026)
Main Document:
Petition for Writ of Habeas Corpus
#2
Jul 26, 2026
TEXT ORDER directing the Clerk to serve copies of this Text Order and the petition 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, within fourteen (14) days of the date of this Text Order (08/10/26 the first week following weekday); and it is ORDERED that Petitioners may, but is not required to, file a reply within seven (7) days of the filing date of Respondents answer. The Court will determine whether a hearing is necessary after it reviews the answer and, if filed, the reply. Respondents are ENJOINED from transferring Petitioners outside of the Northern District of New York without prior leave of Court. The Court enters this Order with the understanding that at the time the Petition was filed, Petitioners were purportedly on a bus that was set to take them to the Western District of New York. Based on the allegations currently before the Court, that transfer is not permitted without the Courts leave. Signed by U.S. District Judge Mae A. D'Agostino on 07/26/2026. (Copies served upon other agencies as directed)(ban) (Entered: 07/26/2026)
Main Document:
Order on Habeas Corpus Petition 28USC2241
#3
Jul 28, 2026
NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of All Defendants (Osborne, Alexis) (Entered: 07/28/2026)
Main Document:
NOTICE
#4
Jul 28, 2026
STATUS REPORT and transfer lift request by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Osborne, Alexis) (Entered: 07/28/2026)
Main Document:
STATUS
Jul 28, 2026
TEXT Minute Entry for Telephone Status Conference held on 7/28/2026 before U.S. District Judge Mae A. D'Agostino: Appearances by Matthew Borowski, Esq. for the Petitioners; and Alexis Osborne, AUSA for the Respondents; Judge D'Agostino addresses counsel regarding the 4 letter request to modify the Court's 7/26/26 Orders, filed by the Respondents in cases 9:26-cv-1435, 9:26-cv-1436, and 9:26-cv-1439. The Court hears from counsel and will issue a decision on the letter requests in the next couple of days. (Court Reporter Lisa Tennyson, CRD Britney Norton [Time 3:41 p.m. - 3:47 p.m.]) (ban)
#5
Jul 29, 2026
TEXT ORDER modifying transfer injunction. The Court is in receipt of Respondents letter asking the Court to modify its previous Order which prohibited the transfer of Petitioner(s) outside of the Northern District of New York. Respondents ask for the Courts permission to transfer the Petitioner(s) to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York. Counsel for the Petitioner(s) opposes the modification. The Court held a telephone conference with counsel on June 28, 2026, during which Respondents counsel stated that the Buffalo Federal Detention Facility is the only available housing for Petitioner(s). In light of that representation, the Court MODIFIES its previous Order. Petitioner(s) may be transferred to the Western District of New York but shall not otherwise be moved out of the Northern or Western Districts of New York without leave of the Court. Wherever a Petitioner is housed, they shall always receive timely and appropriate access to counsel both telephonically and/or in person. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 07/29/2026. (ban) (Entered: 07/29/2026)
#6
Jul 29, 2026
AMENDED TEXT ORDER modifying transfer injunction. The Court is in receipt of Respondents letter asking the Court to modify its previous Order which prohibited the transfer of Petitioner(s) outside of the Northern District of New York. Respondents ask for the Courts permission to transfer the Petitioner(s) to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York. Counsel for the Petitioner(s) opposes the modification. The Court held a telephone conference with counsel on July 28, 2026, during which Respondents counsel stated that the Buffalo Federal Detention Facility is the only available housing for Petitioner(s). In light of that representation, the Court MODIFIES its previous Order. Petitioner(s) may be transferred to the Western District of New York but shall not otherwise be moved out of the Northern or Western Districts of New York without leave of the Court. Wherever a Petitioner is housed, they shall always receive timely and appropriate access to counsel both telephonically and/or in person. IT IS SO ORDERED. Signed by U.S. District Judge Mae A. D'Agostino on 07/29/2026. (ban) (Entered: 07/29/2026)
Jul 29, 2026
Order
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