Shinwari v. Mullin, 1:26-cv-11730 - CourtListener.com

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Docket Entries Parties and Attorneys Authorities Document Number Date Filed Try again later. 1 Apr 6, 2026 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ACTDC-8562612.), filed by Rihan Shinwari.(Formica, Glenn) (Entered: 04/06/2026) Main Doc­ument 2 Apr 6, 2026 NOTICE of Appearance by Steven R. Strom on behalf of Rihan Shinwari (Strom, Steven) (Entered: 04/06/2026) Main Doc­ument 3 Apr 6, 2026 MOTION for Temporary Restraining Order and :Preliminary Injunction by Rihan Shinwari. (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order and for a Preliminary Injunction, # 2 Text of Proposed Order, # 3 Affidavit of Attorney Lauren Petersen, # 4 Exhibit Parole Foil for Petitioner, paroled extended until 10/7/26, # 5 Exhibit I-94 for Petitioner, # 6 Exhibit I-485 Receipt Notice for Petitioner)(Strom, Steven) (Entered: 04/06/2026) Main Doc­ument 4 Apr 6, 2026 NOTICE of Appearance by John W Larson on behalf of Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin (Larson, John) (Entered: 04/06/2026) Main Doc­ument Apr 6, 2026 CASE ASSIGNMENT: District Judge Vernon D. Oliver assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Robert M. Spector. (Oliver, T.) 5 Apr 6, 2026 ORDER. Counsel for all parties shall appear for a telephonic status conference on April 9, 2026, at 11:00 a.m. The parties shall confer in advance of the conference and submit a joint letter, no later than April 8, 2026, at 5:00 p.m., addressing how the Court should handle the petition for habeas corpus and the pending motion for a temporary restraining order and preliminary injunction.In order to preserve the status quo and in the event of a hearing requiring the Petitioner's presence, it is hereby ORDERED that Petitioner Shinwari shall not be moved outside the District of Connecticut. It is also ORDERED that Petitioner Shinwari shall not be removed from the United States until further Order of this Court. See Ozturk v. Hyde, 136 F.4th 382, 394 (2d Cir. 2025) (explaining that a district court has an inherent authority to protect its proceedings); M.K. v. Joyce, No. 25-CV-1935, 2025 WL 750599, at *1 (S.D.N.Y. Mar. 10, 2025).Signed by Judge Vernon D. Oliver on 4/6/2026. (JD2) (Entered: 04/06/2026) Main Doc­ument 6 Apr 6, 2026 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 4/9/2026 at 11:00 AM before Judge Vernon D. Oliver. Dial in Information: Dial in by phone +1 203-684-6202, Phone conference ID: 796 058 471#. (Kelsey, N) (Entered: 04/06/2026) Main Doc­ument 7 Apr 6, 2026 Amended MOTION for Temporary Restraining Order and Preliminary Injunction by Rihan Shinwari. (Strom, Steven) (Entered: 04/06/2026) 8 Apr 6, 2026 Interim STATUS REPORT Pending Joint Report of Parties by Rihan Shinwari. (Formica, Glenn) (Entered: 04/06/2026) 9 Apr 6, 2026 MOTION for Clarification 5 Order,,,, by Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin. (Larson, John) (Entered: 04/06/2026) 10 Apr 6, 2026 Standing Protective Order Signed by Judge Vernon D. Oliver on 4/6/2026.(Imbriani, S) (Entered: 04/07/2026) Main Doc­ument 11 Apr 6, 2026 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Vernon D. Oliver on 4/6/2026.(Imbriani, S) (Entered: 04/07/2026) Main Doc­ument 12 Apr 6, 2026 Notice of Option to Consent to Magistrate Judge Jurisdiction to conduct all proceedings in this civil action (including presiding over a jury or non-jury trial) and to order the entry of final judgment.(Imbriani, S) (Entered: 04/07/2026) Main Doc­ument 13 Apr 6, 2026 Notice to Counsel and Litigants Regarding AI-Assisted Research: Attorneys and pro se litigants alike should exercise great caution in submitting any AI-generated language in filings before the Court. Use of AI without verification of the accuracy of the information it generates like any other shoddy research method from other sources or tools implicates Federal Rule of Civil Procedure 11, the central purpose of which is to deter baseless filings in district court and thus to streamline the administration and procedure of the federal courts. Rule 11 applies fully to actions filed by pro se litigants.Therefore, all parties are on notice that the Court has a no-tolerance policy for any briefing (AI-assisted or not) that hallucinates legal propositions or otherwise severely misstates the law. Such filings will often result in sanctions absent reasonable excuse. See generally Willis v. U.S. Bank Nat'l Ass'n et al, No. 3:25-CV-516-BN, 2025 WL 1408897 (N.D. Tex. May 15, 2025). Signed by Clerk on 4/6/2026.(Imbriani, S) (Entered: 04/07/2026) Main Doc­ument 14 Apr 7, 2026 First STATUS REPORT Petitioner's First Updated Status Report by Rihan Shinwari. (Strom, Steven) (Entered: 04/07/2026) 15 Apr 8, 2026 Joint STATUS REPORT by Rihan Shinwari. (Strom, Steven) (Entered: 04/08/2026) 16 Apr 8, 2026 ORDER. In light of the parties’ status report at ECF No. 15, both parties shall appear at the telephonic status conference scheduled for tomorrow prepared to broadly explain their respective positions on whether this Court has jurisdiction over this matter.Signed by Judge Vernon D. Oliver on 4/8/2026. (JD2) (Entered: 04/08/2026) Main Doc­ument 17 Apr 9, 2026 Minute Entry for proceedings held before Judge Vernon D. Oliver: Status Conference held on 4/9/2026. Time: 51 minutes. Court Reporter: Julie Monette. (JD2) (Entered: 04/09/2026) 18 Apr 9, 2026 ORDER. This order serves to memorialize the oral order of this Court, handed down at 11:34 A.M. today during the telephonic status conference held in this matter. Pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, to preserve the Court's jurisdiction and the integrity of these proceedings, the Court hereby restrains Respondents from transferring Petitioner to any ICE detention facility beyond 150 miles of the Connecticut border while the Court determines if it has jurisdiction to proceed with this habeas corpus action. See Ozturk v. Hyde, 136 F.4th 382, 394 (2d Cir. 2025) (explaining that a district court has an inherent authority to protect its proceedings); see also Aparicio-Deras v. Turek, No. 2:25-CV-726 (D. Vt. Sept. 1, 2025), at ECF No. 2. Accordingly, the Motion for Clarification at ECF No. 9 is denied as moot.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026) Main Doc­ument 19 Apr 9, 2026 ORDER. The parties are ordered to submit briefing to the Court as to their respective positions on whether this Court possesses jurisdiction over this matter, no later than April 10, 2026 at 5:00 P.M. If Respondents plan to rely on factual representations by government agents, their briefing must include a declaration attesting to the relevant facts from each and every such agent.Additionally, Petitioner, no later than 5:00 P.M. today, April 9, 2026, shall file on the docket a list of the authorities it plans to rely on in tomorrow’s briefing.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026) Main Doc­ument 20 Apr 9, 2026 ORDER. By April 10, 2026 at 10:00 A.M., Respondents shall produce to the Petitioner Form I-213, Record of Deportable/Inadmissible Alien, as well as any and all booking information available for Petitioner at both the ICE Offices in Hartford and the Plymouth County Correctional Facility.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026) Main Doc­ument 21 Apr 9, 2026 ORDER. Counsel for Respondents is requested to confer with his clients regarding potential options for Petitioner’s pretrial release. On or before April 13, 2026, counsel shall file a status report, to the extent permitted by attorney-client privilege, disclosing the status of these discussions.Signed by Judge Vernon D. Oliver on 4/9/2026. (JD2) (Entered: 04/09/2026) Main Doc­ument 22 Apr 9, 2026 NOTICE by Rihan Shinwari re 19 Order,, Notice of Caselaw Authority (Strom, Steven) (Entered: 04/09/2026) Apr 9, 2026 Set Deadlines: Status Report due by 4/13/2026 (Sichanh, C) 23 Apr 10, 2026 RESPONSE re 19 Order,, (and Motion to Transfer) filed by Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin. (Attachments: # 1 Beaumont Declaration, # 2 Cruz Declaration, # 3 Exhibit Arrest Log, # 4 Exhibit MA Arrival Text, # 5 Exhibit PCCF Arrival Text, # 6 Exhibit PCCF Booking Sheet)(Larson, John) (Entered: 04/10/2026) Beaumont Declaration Cruz Declaration Exhibit Arrest Log Exhibit MA Arrival Text Exhibit PCCF Arrival Text Exhibit PCCF Booking Sheet 24 Apr 10, 2026 RESPONSE re 19 Order,, Petitioner's Memo on Jurisdicition filed by Rihan Shinwari. (Attachments: # 1 Affidavit of Attorney Gebauer)(Strom, Steven) (Entered: 04/10/2026) Main Doc­ument Affidavit of Attorney Gebauer 25 Apr 10, 2026 MOTION to Seal Exhibits 1-11 to be filed as sealed documents by Rihan Shinwari. (Strom, Steven) (Entered: 04/10/2026) 26 Apr 10, 2026 Sealed Document: Exhibits 1-11 by Rihan Shinwari . (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Strom, Steven) (Entered: 04/10/2026) Main Doc­ument 27 Apr 10, 2026 Supplemental STATUS REPORT REGARDING EXHIBITS REQUESTED TO BE FILED UNDER SEAL by Rihan Shinwari. (Formica, Glenn) (Entered: 04/10/2026) 28 Apr 10, 2026 NOTICE by Rihan Shinwari of Filing Signed Declaration of Attorney Gebauer (Strom, Steven) (Entered: 04/10/2026) 29 Apr 11, 2026 ORDER granting in part and denying in part 25 Motion to Seal. The Court finds that good cause exists to seal the exhibits at ECF No. 26, due to the rapid nature of the associated briefing schedule. Thus, these exhibits may remain under seal. Nevertheless, this motion is overbroad, as Petitioner implicitly acknowledges at ECF No. 27. Accordingly, on or before April 13, 2026 at 5:00 P.M., he must refile on the public docket these exhibits, redacting only confidential or sensitive information.Signed by Judge Vernon D. Oliver on 4/11/2026. (JD2) (Entered: 04/11/2026) Main Doc­ument 30 Apr 11, 2026 ORDER TRANSFERRING CASE. Per the attached, the Court finds that it does not have jurisdiction to adjudicate the instant matter. Accordingly, all pending motions are denied as moot. The Clerk of Court is respectfully directed to transfer this action to the District of Massachusetts and close this case. Respondents are advised that the Court's order requesting a status report at ECF No. 21 remains in effect, but that that report must now be filed with the District of Massachusetts. Respondents are further advised that the Court's order at ECF No. 18 remains in effect until further order of the District of Massachusetts. The Court maintains the status quo for purposes of Petitioner's ability to have access to and communicate with his counsel of choice.The Court thanks all parties for their diligent briefing in this matter.Signed by Judge Vernon D. Oliver on 4/11/2026. (JD2) (Entered: 04/11/2026) Main Doc­ument Apr 11, 2026 JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Kelsey, N) 31 Apr 13, 2026 Consent MOTION for Extension of Time until April 15, 2026 To Amend Motion to Seal Documents 29 Order on Motion to Seal,, by Rihan Shinwari. (Formica, Glenn) (Entered: 04/13/2026) Main Doc­ument 32 Apr 13, 2026 STATUS REPORT re: ECF 21 by Todd Blanche, Field Office Director, Todd M. Lyons, Markwayne Mullin. (Larson, John) (Entered: 04/13/2026) Status Report 33 Apr 14, 2026 ORDER granting 31 Motion for Extension of Time. Petitioner may file properly redacted exhibits on this docket on or before April 15, 2026.Signed by Judge Vernon D. Oliver on 4/14/2026. (JD2) (Entered: 04/14/2026) Main Doc­ument Apr 14, 2026 Order on Motion for Extension of Time Apr 14, 2026 Notice of Case Assignment Apr 14, 2026 Notice - Other 34 Apr 14, 2026 Case transferred in from District of Connecticut; Case Number 3:26-cv-00514. (Entered: 04/14/2026) Main Doc­ument Case Transferred In - District Transfer 35 Apr 14, 2026 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (Danieli, Chris) (Entered: 04/14/2026) Main Doc­ument 36 Apr 15, 2026 NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Field Office Director, Todd M Lyons, markwayne mullin (Sauter, Mark) (Entered: 04/15/2026) Main Doc­ument Notice of Appearance Apr 15, 2026 Order 37 Apr 15, 2026 RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) Abbreviated by Todd Blanche, Field Office Director, Todd M Lyons, markwayne mullin. (Sauter, Mark) (Entered: 04/15/2026) Main Doc­ument Answer/Response to Petition for Writ of Habeas Corpus - 2241 38 Apr 15, 2026 Judge Richard G. Stearns: ELECTRONIC ORDER entered re 37 Response to Petition for Writ of Habeas Corpus - 2241 filed by Field Office Director, Todd M Lyons, markwayne mullin, Todd Blanche. Petitioner Rihan Shinwari is a nineteen-year-old Afghan national whose family served as interpreters and translators for the United States military efforts in Afghanistan for nearly five years. Shinwari fled Afghanistan on October 8, 2024, with his family seeking safety in the United States. He entered the United States having been granted humanitarian parole pursuant to 8 U.S.C. § 1182(d)(5)(A), with a two-year parole period. He and then timely filed for adjustment of status while his parole status was still in full force and effect (he later discovered that his online I-94 wrongly listed a one-year parole period which Shinwari has attempted to correct). Shinwari's parents both have pending Form I-589 asylum petitions. Shinwari is a senior at Cheshire High School in Cheshire, Connecticut, set to graduate in June of this year, and has no criminal record. United States Immigration and Customs Enforcement (ICE) arrested on Shinwari on April 6, 2026, while riding in a car in his neighborhood with his uncle and brother. ICE brought him to a detention center in Hartford Connecticut, and then moved him to the Plymouth House of Corrections in