Western District of New York • 1:26-cv-02011

#1

Sep 16, 2026

PETITION for Writ of Habeas Corpus, filed by Ricardo Delva. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(ARS) (Entered: 09/16/2026)

#2

Sep 16, 2026

MOTION for Temporary Restraining Order by Ricardo Delva.(ARS) (Entered: 09/16/2026)

Sep 16, 2026

Filing fee: $ 5, receipt number 100010486 (ARS)

Sep 16, 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. (ARS)

Sep 16, 2026

Clerk mailed to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (ARS)

#3

Sep 17, 2026

TEXT ORDER.Pro se Petitioner filed a petition for a writ of habeas corpus seeking relief under 28 U.S.C. § 2241. Dkt. 1. He also moved for a temporary restraining order ("TRO") requesting expedited consideration and immediate release under reasonable conditions or, in the alternative, a bond hearing under 8 U.S.C. § 1226(a) within seven days. He also requests "temporary anti-transfer relief while the Court resolves the threshold custody question." See 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."). 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. 2), therefore, is denied. Respondents shall respond to the petition by October 3, 2026. Petitioner's response is due by October 14, 2026. The Clerk of Court shall serve a copy of the petition (Dkt. 1) 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 9/17/2026. (KLH)This was mailed to: Petitioner. (Entered: 09/17/2026)

Sep 17, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)