Kohistani v. Leyva et al
| Mohammad Emran Kohistani and Mohammad Sajad Kohistani |
| Ruben Leyva, Brian Henke, Kristi Noem, Pamela Bondi and Martin Lawrence |
| 2:2026cv00086 |
| February 3, 2026 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Other Immigration Actions |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
This docket was last retrieved on April 2, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 21
JUDGMENT - IT IS ORDERED AND ADJUDGED: Judgment is entered in favor of Petitioners. The Clerk of Court is directed to close this case. Case Closed. Signed by Judge David Barlow on 4/2/2026. (alf)
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| Filing 20 STATUS REPORT by Pamela Bondi, Brian Henke, Mohammad Emran Kohistani, Mohammad Sajad Kohistani, Martin Lawrence, Ruben Leyva, Kristi Noem. (Jones, Marti) |
Filing 19
ORDER GRANTING IN PART ECF #1 Petition for Writ of Habeas Corpus - ORDERS Respondents to provide Petitioners with a bond hearing under 8 U.S.C. 1226(a) by March 25, 2026. ENJOINS Respondents from denying bond to Petitioners on the basis that they are detained under 8 U.S.C. 1225(b)(2). ORDERS the parties to file a joint status report by March 27, 2026, confirming that the hearing took place. Signed by Judge David Barlow on 03/18/2026. (sg)
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| Filing 18 Minute Entry for proceedings held before Judge David Barlow: Follow-up Hearing held on 3/18/2026. The court identified the agenda for the hearing. Counsel for the parties answered the questions posed by the court. Additional argument heard. For the reasons stated on the record, the court granted in part the petition for habeas corpus and ordered ICE to make arrangements for petitioners to be afforded a bond hearing under 8 U.S.C. 1226(a) within 7 days of this order. Attorney for Plaintiff: Adam Crayk, Marti Jones, Attorney for Defendant: Adam Elggren, Danielle Carter, Michael Kennedy. Court Reporter: Michelle Mallonee.(tcs) |
| Filing 17 NOTICE OF HEARING: Follow-up Hearing set for 3/18/2026 at 11:00 AM in Rm 8.100 before Judge David Barlow. (tcs) |
| Filing 16 NOTICE of SUPPLEMENTAL AUTHORITY by Pamela Bondi, Brian Henke, Martin Lawrence, Ruben Leyva, Kristi Noem re #12 Response to Motion, (Attachments: #1 Exhibit, #2 Exhibit) (Elggren, Adam) |
| Filing 15 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 3/2/2026 re additional briefing on #2 MOTION for Temporary Restraining Order and Memorandum in Support filed by Mohammad Emran Kohistani, Mohammad Sajad Kohistani. The court outlined the materials reviewed in preparation for the hearing. Discussion and argument heard on the briefing and issues before the court. The court took the motion under advisement. Attorneys for Plaintiff: Adam L. Crayk, Marti L. Jones; Attorneys for Defendant: Adam S. Elggren, Michael P. Kennedy. Court Reporter: Michelle Mallonee.(tcs) Modified on 3/2/2026 to correct party representation. (tcs). |
| Filing 14 CLERK'S NOTICE OF POSSIBLE ERROR re #13 Response. Description of possible error: The document appears to be a reply memorandum in response to motion #2 and should have been filed using the event "Reply Memorandum/Reply to Response to Motion". The filing then should have been linked to the original motion and not the response. The entry has been adjusted by changing the event type, modifying the text and linking to the motion. Please review all event options when filing and choose the most appropriate. No further action is needed. (alf) |
| Filing 13 REPLY TO RESPONSE TO MOTION re #2 Response to Motion, #1 Petition for Writ of Habeas Corpus,,Petitioners Traverse Response filed by Mohammad Emran Kohistani, Mohammad Sajad Kohistani. (Jones, Marti) Modified on 3/2/2026 to correct brief type and correct link (alf). |
| Filing 12 RESPONSE to Motion re #2 MOTION for Temporary Restraining Order and Memorandum in Support and Response to Petition for Habeas Corpus filed by Respondents Pamela Bondi, Brian Henke, Martin Lawrence, Ruben Leyva, Kristi Noem. (Elggren, Adam) |
Filing 11
ORDER Staying Transfer or Removal. Briefing schedule re #2 MOTION for Temporary Restraining Order and Memorandum in Support filed by Mohammad Emran Kohistani, Mohammad Sajad Kohistani. Hearing set, if the court determines it is necessary, for 3/2/2026 at 03:30 PM in Rm 8.100 before Judge David Barlow. Signed by Judge David Barlow on 2/5/2026. (alf)
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| Filing 10 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 2/5/2026 re #2 MOTION for Temporary Restraining Order and Memorandum in Support filed by Mohammad Emran Kohistani, Mohammad Sajad Kohistani. The court outlined the agenda for the hearing. Discussion and argument heard on petitioners' Motion for TRO. The parties reached a stipulation on three issues regarding jurisdiction, removal during the pendency of the action, and housing location during the pendency of the action. For the reasons stated on the record, the court will enter an order based on the parties' stipulation. A briefing schedule on the petition was set. The government's response to the petition is due February 19, 2026. The petitioner's reply is due February 26, 2026. If a hearing is needed, it will be held on March 2, 2026 at 3:30 p.m. Court was adjourned. Attorney for Plaintiff: Marti Jones, John West, Attorney for Defendant: Adam Elggren, Michael Kennedy. Court Reporter: Michelle Mallonee.(tcs) |
| Filing 9 MOTION Clarify, Enforce re #3 Order,, and Memorandum in Support filed by Petitioners Mohammad Emran Kohistani, Mohammad Sajad Kohistani. (Attachments: #1 Exhibit)(Jones, Marti) |
| Filing 8 NOTICE of Appearance by Michael P. Kennedy on behalf of Pamela Bondi, Brian Henke, Martin Lawrence, Ruben Leyva, Kristi Noem (Kennedy, Michael) |
| Filing 7 NOTICE of Appearance by Adam S. Elggren on behalf of Pamela Bondi, Brian Henke, Martin Lawrence, Ruben Leyva, Kristi Noem (Elggren, Adam) |
| Filing 6 Remark: 4 Notice of Hearing on TRO Motion emailed to Michael Kennedy, Tyler Murray, Carra Cadman and Adam Elggren at the United States Attorney's Office in this District. (tcs) |
| Filing 5 Remark: Pursuant to instruction in #3 Emergency Order, copy of petition #1 , motion for TRO #2 and the emergency order have been emailed to Michael Kennedy, Tyler Murray, Carra Cadman and Adam Elggren at the United States Attorney's Office in this District. (alf) |
| Filing 4 NOTICE OF HEARING ON MOTION re: #2 MOTION for Temporary Restraining Order and Memorandum in Support: Motion Hearing set for 2/5/2026 at 01:30 PM in Rm 8.100 before Judge David Barlow. (tcs) |
Filing 3
EMERGENCY ORDER Concerning the Stay of Transfer or Removal. The respondents shall not: a) transfer the petitioner out of the District of Utah, if the petitioner is within the District of Utah at the time this Order issues; or b) remove the petitioner from the jurisdiction of the United States, if the petitioner is outside of the District of Utah but within the jurisdiction ofthe United States at the time this Order issues. This Order shall remain in effect for 48 hours from the time it is docketed, unless the judge assigned to preside over this case orders otherwise. Signed by Judge David Barlow on 2/3/2026. (alf)
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| Filing 2 MOTION for Temporary Restraining Order and Memorandum in Support filed by Petitioners Mohammad Emran Kohistani, Mohammad Sajad Kohistani. (Attachments: #1 Exhibit, #2 Rule 65(b)(1), #3 Declaration in Support, #4 Text of Proposed Order Proposed Order)(Jones, Marti) |
| Filing 1 PETITION for Writ of Habeas Corpus - under 28 U.S.C. 2241 (Filing fee $ 5, receipt number AUTDC-5686757) filed by Mohammad Emran Kohistani, Mohammad Sajad Kohistani. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Petition for Writ Exhibits, #3 Emergency Petition TRO, #4 Rule 65(b) certification, #5 Declaration in support of Emergency TRO, #6 Exhibit Exhibits TRO, #7 Text of Proposed Order Proposed Order) (Jones, Marti) |
| Judge David Barlow added. Case number will now read 2:26-cv-00086-DBB. Please make changes to document captions accordingly. (kop) |
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