Western District of New York • 6:26-cv-06061

#1

Jan 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5684907.), filed by Delwar Hussain. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A, Order of Release, # 3 Exhibit Exhibit B, NTA, # 4 Exhibit Exhibit C, Bond Denial)(Berger, Aliza) (Entered: 01/15/2026)

#2

Jan 16, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), finding that noncitizens who are present in the United States without having been admitted or paroled are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before January 23, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk and at which the immigration judge must consider non-bond alternatives to detention or, if setting a bond, Petitioner's ability to pay.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.Further, the Clerk's Office is directed to serve a copy of the petition 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. Signed by Hon. Elizabeth A. Wolford on 01/16/2026. (MGB)Clerk to Follow up (Entered: 01/16/2026)

Jan 16, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (RE)

Jan 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. 636c 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. (RE)

Jan 16, 2026

Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (RE)

#3

Jan 22, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, in her official capacity as Attorney General of the United States, Executive Office for Immigration Review, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Tammy Marich, in her official capacity as Field Office Director, Buffalo Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director (Khalil, Adam) (Entered: 01/22/2026)

#4

Jan 22, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,, filed by Pamela Bondi, in her official capacity as Attorney General of the United States, Executive Office for Immigration Review, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Tammy Marich, in her official capacity as Field Office Director, Buffalo Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director. (Khalil, Adam) (Entered: 01/22/2026)

#5

Jan 22, 2026

ORDER granting 1 Petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 01/22/2025. (JKS) (Entered: 01/22/2026)

#6

Jan 30, 2026

Letter filed by Pamela Bondi, in her official capacity as Attorney General of the United States, Executive Office for Immigration Review, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Tammy Marich, in her official capacity as Field Office Director, Buffalo Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director re bond hearing. (Khalil, Adam) (Entered: 01/30/2026)

#7

Feb 02, 2026

TEXT ORDER. On January 30, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 6). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before February 9, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/02/2026. (JKS) (Entered: 02/02/2026)