Western District of New York • 1:26-cv-01977

#1

Sep 14, 2026

PETITION for Writ of Habeas Corpus, filed by Md Eddrish. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(MMG) (Entered: 09/15/2026)

Sep 14, 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. Clerk's Office mailed to Petitioner a Pro Se Packet consisting of privacy notice, consent to proceed before a magistrate judge, and civil case timeline. (MMG)

Sep 14, 2026

Filing fee: $ 5.00, receipt number 100010451 (MMG)

#2

Sep 15, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Md Eddrish.So that the petitioner can fully participate in these proceedings, the respondents are enjoined from transferring the petitioner to any district outside the Western District of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). If the petitioner was in the Western District of New York at the petition was filed but was subsequently transferred prior to this order, the respondents shall return the petitioner to this District as soon as practicable. Travel to facilitate the petitioner's voluntary departure does not violate this order.In Last Name Unknown v. Ball, 2026 WL 2096666, at *4 (W.D.N.Y. July 21, 2026), this Court held that a petitioner whose detention was governed by 8 U.S.C. § 1226(a) was entitled to immediate release when a warrant had not been obtained for his arrest. And in Loaeza v. Bausch, 2026 WL 2150155 (W.D.N.Y. July 27, 2026), Judge Vacca explained that "[w]ithout a valid [Notice to Appear] in place, removal proceedings are not pending, and [the r]espondents have no authority to make an arrest or effectuate detention." Id. at *1-2. Accordingly, to the extent an unlawful arrest is alleged in the petition, the respondents shall SHOW CAUSE on or before 9/22/2026 why the petitioner is not entitled to immediate release under Last Name Unknown and/or Loaeza, including providing a copy of any warrant or Notice to Appear that the respondents say was issued. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/15/2026. (DDC)This was mailed to: the petitioner. (Entered: 09/15/2026)