Western District of New York • 6:26-cv-06070

#1

Jan 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5686952.), filed by Nisar Ahmad Aryubi. (Attachments: # 1 Exhibit NTA, # 2 Exhibit 213 2026, # 3 Exhibit 213 2024, # 4 Exhibit I-200 Warrant, # 5 Exhibit ROR, # 6 Civil Cover Sheet)(Zaiman, Grace) (Entered: 01/19/2026)

Jan 20, 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 20, 2026

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

#2

Jan 21, 2026

TEXT ORDER TO SHOW CAUSE. Petitioner Nisar Aryubi, an asylum seeker from Afghanistan, filed the instant petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 19, 2026, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). He seeks a writ of habeas corpus seeking - among other things - his release unless Respondents provide him with a "constitutionally sound" bond hearing under 8 U.S.C. § 1226(a). ECF No. 1.28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." In light of the Court's prior orders on this issue, including its decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), Respondents are herebyORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further,ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and a copy of 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; and it is furtherORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless 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," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/21/2026. (JCL)Clerk to Follow up (Entered: 01/21/2026)

Jan 21, 2026

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

#3

Jan 22, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Tammy Marich, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Philip Rhoney (Khalil, Adam) (Entered: 01/22/2026)

#4

Jan 22, 2026

REPLY/RESPONSE to re 2 Text Order, filed by Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Tammy Marich, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Philip Rhoney. (Khalil, Adam) (Entered: 01/22/2026)

#5

Jan 26, 2026

TEXT ORDER. The Court is in receipt of Respondents' return to the Court's Text Order to Show Cause. ECF No. 4. The return concedes that this case shares a common question of law with the Court's decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), and that the Court's resolution of the question in Da Cunha controls the results in the instant case should the Court adhere to its prior reasoning. ECF No. 4. Petitioner may notify the Court at his earliest opportunity that he does not intend to submit a reply, and the Court will consider the matter submitted on the papers and proceed to a review of the merits. If Petitioner desires to submit a written reply, he must do so within 7 days of the date of service of Respondents' return, as set forth in the Text Order to Show Cause. ECF No. 3. SO ORDERED. Signed by Hon. Meredith A. Vacca on 01/26/2025. (JCL) (Entered: 01/26/2026)

#6

Jan 29, 2026

REPLY/RESPONSE to re 4 Reply/Response, filed by Nisar Ahmad Aryubi. (Zaiman, Grace) (Entered: 01/29/2026)

#7

Feb 19, 2026

DECISION AND ORDER. For the reasons explained in the attached Decision and Order, Petitioner's application for habeas relief [ECF No. 1] is GRANTED to the extent that the Court finds that he is detained under 8 U.S.C. § 1226(a), and therefo re that Petitioner is entitled to an initial bond hearing under the relevant regulations.It is therefore, ORDERED that Respondents shall hold an individualized bond hearing for Petitioner within ten (10) days of the date of this Order; and it is f urther ORDERED that if Respondents fail to hold a bond hearing for Petitioner within ten (10) days, Petitioner shall be released from custody; and it is further ORDERED that Respondents shall file a status report no later than seventeen (17) days fro m the date of this order confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody in compliance with this Order; and it is further ORDERED that, because the instant Order resolves this action, an evidentiary hearing is not warranted and the restriction on Petitioner's transfer outside of the United States is lifted.The Clerk of Court is directed to enter judgment in favor of Petitioner and close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 02/19/2026. (JCL)Clerk to Follow up