Active
Case Information
Filed: September 15, 2026
Assigned to:
Brenda Kay Sannes
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 30, 2026
Parties:
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Docket Entries
#1
Sep 15, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.00, receipt number ANYNDC-7760817) filed by Carlos Tipan Quishpe. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 09/15/2026)
#2
Sep 15, 2026
NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella (Osborne, Alexis) (Entered: 09/15/2026)
Main Document:
NOTICE
#3
Sep 15, 2026
Letter Motion from Alexis M. Osborne for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella requesting that any anti-transfer order allow Respondents to house Petitioner within the Western District of New York submitted to Judge Hon. Brenda K.Sannes . (Osborne, Alexis) (Entered: 09/15/2026)
Main Document:
Letter Request/Motion
#4
Sep 15, 2026
TEXT ORDER: The Court has reviewed Petitioner Carlos Tipan Quishpe's 1 Petition under 28 U.S.C. § 2241 seeking an order: enjoining Respondents from removing or transferring Petitioner, who is subject to a 7/13/2026 order of removal, outside the jurisdiction of this Court and the United States pending the Court's adjudication of this Petition; directing Petitioner's immediate release from detention; or, in the alternative conduct a bond hearing for Petitioner. (Dkt. No. 1). It is ORDERED: (1) that Respondents file a response to the Petition by Monday, 9/21/2026, and that any response include updated information regarding Petitioner's location and the status of removal proceedings; (2) that Petitioner shall file a reply by Friday, 9/25/2026; and (3) that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until further order. The Court will determine whether a hearing is required after reviewing the parties' briefs. The Clerk of the Court is respectfully directed to serve copies of this Text Order and the Petition upon the United States Attorney for the Northern District of New York in accordance with the Local Rules. SO ORDERED by Chief Judge Brenda K. Sannes on 9/15/2026. (nmk) (Entered: 09/15/2026)
Main Document:
Order on Habeas Corpus Petition 28USC2241
#5
Sep 15, 2026
Letter Motion from AUSA Osborne for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella requesting Immediate Relief and Reconsideration of the 9.15.26 Text Order Enjoining Respondents from Transferring Petitioner Outside the NDNY While Currently In Transport to the WDNY submitted to Judge Sannes . (Osborne, Alexis) (Entered: 09/15/2026)
#6
Sep 15, 2026
TEXT ORDER The Court is in receipt of Respondents' letters 3, 5 asking the Court to modify its previous 4 Order which prohibited the transfer of Petitioner outside of the Northern District of New York. Respondents ask for the Court's permission to transfer Petitioner to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York and that transfer will not affect this Court's jurisdiction. (Dkt. No. 5, at 1). In light of Respondent's representation, the Court MODIFIES its previous Order 4 . Petitioner 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, and wherever Petitioner is housed, he should receive timely and appropriate access to counsel both telephonically and/or in person. SO ORDERED by Chief Judge Brenda K. Sannes on 9/15/2026. (nmk) (Entered: 09/15/2026)
Sep 15, 2026
Order on Letter Request AND Order on Letter Request
#7
Sep 21, 2026
RESPONSE to Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit(s) A - I-213 7.14.24 redacted, # 2 Exhibit(s) B - NTA, # 3 Exhibit(s) C - Parole, # 4 Exhibit(s) D - I-213 9.15.26, # 5 Exhibit(s) E - Removal Order, # 6 Exhibit(s) F - BIA Appeal, # 7 Exhibit(s) G - I-200 Warrant)(Osborne, Alexis) (Entered: 09/21/2026)
#8
Sep 22, 2026
LETTER BRIEF requesting immediate release based on due process violation by Carlos Tipan Quishpe. (Manley, Kathy) (Entered: 09/22/2026)
#9
Oct 08, 2026
TEXT ORDER: The Court has reviewed the 1 Petition, the 7 Response, and Petitioner's 8 "Letter Brief requesting immediate release." The Court finds that Petitioner is entitled under 8 U.S.C. § 1226 to an individualized bond hearing at which the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk. If the Government satisfies its burden as to danger to the community or flight risk, the Immigration Judge shall consider alternatives to detention and in setting any bond, the Immigration Judge shall consider the Petitioner's ability to pay. The bond hearing must be held within ten (10) calendar days of the date of this Text Order. Respondents shall file a status report within five (5) days of the issuance of a decision on the bond hearing. A written decision will follow. SO ORDERED by Chief Judge Brenda K. Sannes on 10/8/2026. (nmk) (Entered: 10/08/2026)
Oct 08, 2026
Order
#12
Oct 30, 2026
Judgment
Main Document:
Judgment
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