Western District of New York • 1:26-cv-01920

#1

Sep 04, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5974171.), filed by Danil Losinskii.(Risko, Sergey) (Entered: 09/04/2026)

#2

Sep 04, 2026

CONTINUATION OF EXHIBITS by Danil Losinskii re 1 Petition for Writ of Habeas Corpus Civil Cover Sheet (Risko, Sergey) Modified on 9/8/2026 (KKR). (Entered: 09/04/2026)

#3

Sep 08, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by September 22, 2026, and Petitioner's reply is due by September 29, 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), and a copy of 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 9/8/2026. (KEF) (Entered: 09/08/2026)

Sep 08, 2026

E-Filing Notification: Filing attorney Sergey Risko, Esq. is not fully admitted to practice in this court. Action required: seek either full or pro hac vice admission pursuant to Local Rule 83.1 and 83.2. (KKR)

Sep 08, 2026

E-Filing Notification re 2 : Incorrect event used to electronically file document. For future reference, use Continuation of Exhibits event located in the Responses and Replies category. No action required. (KKR)

Sep 08, 2026

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

Sep 08, 2026

Remark. Chambers sent Dkt. 1 and Dkt. 3 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

Sep 08, 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)

#4

Sep 10, 2026

NOTICE of Appearance by Jonathan A Langer on behalf of Danil Losinskii (Langer, Jonathan) (Entered: 09/10/2026)

#5

Sep 10, 2026

Second PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5981039.), filed by Danil Losinskii.(Langer, Jonathan) (Entered: 09/10/2026)

#6

Sep 10, 2026

MOTION for Temporary Restraining Order by Danil Losinskii. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - ICE Detainee Locator, # 3 Exhibit B - Notice to Appear, # 4 Exhibit C - I-94, # 5 Exhibit D - Memo to EOIR Re: I-589 Forwarding, # 6 Exhibit E - Order of Immigration Judge, # 7 Exhibit F - EOIR Automated Case Information, # 8 Exhibit G - Receipt I-589)(Langer, Jonathan) (Entered: 09/10/2026)

#7

Sep 11, 2026

TEXT ORDER. Through counsel, Petitioner filed a second petition seeking relief under 28 U.S.C. § 2241. Dkt. 5. He also moved for a temporary restraining order ("TRO") and order to show cause why a preliminary injunction should not issue that enjoins Respondents from moving him outside of the Western District of New York, and from removing him from the United States, during these proceedings. Dkt. 6. 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."). Moreover, 8 U.S.C. § 1252(g) bars this Court from enjoining Respondents from removing Petitioner from the United States while this proceeding is pending. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999); Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011). The Court has considered Petitioner's additional arguments, but those arguments do not entitle him to a TRO here. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (moving party must establish: (1) a likelihood of irreparable harm absent preliminary relief; (2) a likelihood of success on the merits; (3) the balance of equities tipping in favor of the moving party; and (4) that the public interest is served by an injunction); see also Starbucks Corp. v. McKinney, 602 U.S. 339, 346 (2024) ("The default rule is that a plaintiff seeking a preliminary injunction must make a clear showing that 'he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'") (quoting Winter, 555 U.S. at 20); Jones v. Wolf, 467 F. Supp. 3d 74, 81 (W.D.N.Y. 2020) (the "same standard" governs consideration of an application for a temporary restraining order). Petitioner's motion (Dkt. 6), therefore, is denied. Respondents shall respond to the second petition by October 2, 2026. Petitioner's response is due by October 13, 2026. The Clerk of Court shall serve a copy of the second petition (Dkt. 5) 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 9/11/2026. (KEF) (Entered: 09/11/2026)

Sep 11, 2026

Remark. Chambers sent Dkt. 5 and Dkt. 7 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

#8

Sep 22, 2026

TEXT ORDER The Clerk of Court shall reassign this matter to another judge for all further proceedings. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/22/2026. (LB) (Entered: 09/22/2026)

Sep 22, 2026

DESIGNATION of United States Judge for Service within the Circuit. Case reassigned to Senior Circuit Judge Jon O. Newman. Hon. John L. Sinatra, Jr. no longer assigned to the case. (LB)

#9

Sep 23, 2026

MOTION to appear pro hac vice of Sergey Risko ( Filing fee $ 200 receipt number ANYWDC-6000152.) by Danil Losinskii. (Attachments: # 1 Declaration, # 2 Exhibit Pro hac vice application and motion)(Langer, Jonathan) (Entered: 09/23/2026)

#10

Sep 25, 2026

TEXT ORDER On further consideration of the Petitioners request for an injunction to prevent the Petitioners transfer from the WDNY, the Respondents are ORDERED not to transfer the Petitioner from the WDNY pending further order of this Court. While I agree with Judge Sinatra, the author of the text order of Sept. 11, 2026, that this Court retains jurisdiction over the Petitioners habeas corpus petition regardless of where he is transferred, an order prohibiting transfer outside the WDNY is needed to facilitate the Petitioners contact with counsel. Signed by Senior Circuit Judge Jon O. Newman on 9/25/2026. (LB) (Entered: 09/25/2026)

#11

Oct 02, 2026

NOTICE of Appearance of Government Attorney: Daniel Barrie Moar, appearing on behalf of Todd Blanche, Tammy Marich, Markwayne Mullin, Philip Rhoney, Jeffrey Searls, David Venturella. CLERK TO FOLLOW UP. (Moar, Daniel) (Entered: 10/02/2026)

#12

Oct 02, 2026

MOTION to Dismiss by Todd Blanche, Tammy Marich, Markwayne Mullin, Philip Rhoney, Jeffrey Searls, David Venturella. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1)(Moar, Daniel) (Entered: 10/02/2026)