Western District of New York • 6:26-cv-06083

#1

Jan 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5690462.), filed by Wasiu Eniola LAWAL. (Attachments: # 1 Exhibit I-213, # 2 Exhibit Sample I-200, # 3 Exhibit Notice to Appear, # 4 Civil Cover Sheet)(Zaiman, Grace) (Entered: 01/21/2026)

#2

Jan 22, 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 29, 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 01/22/2026. (MGB)Clerk to Follow up (Entered: 01/22/2026)

Jan 22, 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. (TF)

Jan 22, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil opening. (TF)

Jan 22, 2026

Clerk's Office emailed 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. (TF)

Jan 22, 2026

E-Filing Notification: Edited party names to remove party text from last name and to add party text to the party text box.When adding party names to the case/docket, only use last name and/or first name in that labeled box, all other party text should be added in the party text box.(TF)

#3

Jan 26, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/26/2026)

#4

Jan 27, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,, filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Muller, Marvin) (Entered: 01/27/2026)

#5

Jan 27, 2026

TEXT ORDER re: 4 Response to Text Order. In their response to this Court's January 22, 2026 Text Order (Dkt. 2), Respondents state in conclusory terms that prior Court decisions would not control the outcome in this case and seek 45 days to respond to Petitioner's petition. The Court notes that Respondents' response purports to be responding to a December 29, 2025 court order, but as noted, the order to show cause in this case was issued on January 22, 2026. In addition, Respondents' response references the decision and order of another district judge and not the two cases authored by the undersigned which were identified in the January 22, 2026 order to show cause. In light of these errors, the Court cannot be confident that the factual allegations made in the response regarding Petitioner's detention accurately apply to Petitioner Lawal.In addition, Respondents are advised that this Court recently issued a decision and order in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026), holding that the detention of noncitizens following expiration of parole is governed by 8 U.S.C. § 1226, not § 1225. Accordingly, before the Court can determine if an extension of time is appropriate, additional information is required. Respondents are hereby ORDERED TO SHOW CAUSE on or before February 2, 2026, with more fulsome detail than is contained in the current submission, whether, in light of the Court's decisions in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025), Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), and Ivonin, 2026 WL 199283, 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. Failure to adequately comply with the Court's directive in this regard could result in forfeiture of any further opportunity to be heard and Petitioner's release. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/27/2025. (MGB) (Entered: 01/27/2026)

#6

Feb 02, 2026

REPLY/RESPONSE to re 5 Text Order,,,,,,,,, filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Muller, Marvin) (Entered: 02/02/2026)

#7

Feb 03, 2026

DECISION AND ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 02/03/2026. (MGB)