Western District of New York • 1:26-cv-01826

#1

Aug 26, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5960819.), filed by Randy Jerome Richards. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 08/26/2026)

#2

Aug 26, 2026

Emergency MOTION for Temporary Restraining Order to prevent movement outside of the jurisdiction by Randy Jerome Richards.(Borowski, Matthew) (Entered: 08/26/2026)

#3

Aug 26, 2026

TEXT ORDER. Through counsel, Petitioner filed a petition seeking relief under 28 U.S.C. § 2241. Dkt. 1. He also moved for a temporary restraining order ("TRO"). Specifically, his TRO motion requests that this Court enjoin Respondents from transferring him out of the Western District of New York during these proceedings. Dkt. 2. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). Petitioner's motion for a TRO, therefore, is denied. Respondents shall respond to the petition by September 9, 2026. Petitioner's response is due by September 16, 2026. In their filings, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), the TRO motion (Dkt. 2), and this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 8/26/2026. (MFE). (Entered: 08/26/2026)

#4

Aug 26, 2026

Remark. Chambers emailed the petition, TRO motion, and text order to USANYW-Immigration-Habeas@usdoj.gov. (MFE). (Entered: 08/26/2026)

#5

Aug 26, 2026

NOTICE of Appearance by Siana Jody McLean on behalf of Randy Jerome Richards (McLean, Siana) (Entered: 08/26/2026)

Aug 26, 2026

Notice of Availability of Magistrate Judge

Aug 26, 2026

Case Assigned/Reassigned

Aug 26, 2026

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636(c) and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KKR)

Aug 26, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (KKR)