Western District of New York • 6:26-cv-06084

#1

Jan 22, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5690467.), filed by Abdumanon Khapizov. (Attachments: # 1 Appendix of cases, # 2 Civil Cover Sheet) (O'Dwyer, Paul) (Entered: 01/22/2026)

#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

Clerk regenerated 2 Text Order and emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

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. (JLH)

Jan 22, 2026

Case originally assigned to incorrect office. Case is assigned to Hon. Elizabeth A. Wolford and the new case number is 26-cv-6084. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

#3

Jan 26, 2026

REPLY/RESPONSE to re 2 Text Order, filed by Pamela Bondi, John Doe, Steve Kurzdorfer, Kristi Noem. (Muller, Marvin) (Entered: 01/26/2026)

#4

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)

#5

Jan 26, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5695687.) by Abdumanon Khapizov. (Attachments: # 1 Attorney Sponsor Affidavit, # 2 Illinois Good Standing Letter, # 3 Attorney Oath, # 4 Petition for Admission, # 5 Oath of Office, # 6 ECF Registration)(O'Dwyer, Paul) (Entered: 01/26/2026)

#6

Jan 28, 2026

TEXT ORDER. By letter dated January 26, 2026 (Dkt. 3), counsel for the government advised that Petitioner had been removed from the District prior to entry of this Court's Text Order on January 22, 2026. (Dkt. 2). Because 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."), the Court intends to issue an order directing that Petitioner be returned to this District unless either party files an objection on or before 5:00 pm today. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/28/2026. (MGB) (Entered: 01/28/2026)

#7

Jan 28, 2026

TEXT ORDER granting 5 motion for pro hac vice as to Andrea C. Ochoa. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/28/2026. (JKS)Clerk to Follow up (Entered: 01/28/2026)

#8

Jan 28, 2026

REPLY/RESPONSE to re 6 Text Order, filed by Pamela Bondi, John Doe, Steve Kurzdorfer, Kristi Noem. (Muller, Marvin) (Entered: 01/28/2026)

#9

Jan 28, 2026

TEXT ORDER. Because 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 appear at any necessary evidentiary hearing, 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."), Respondents are directed to return Petitioner to the Western District of New York, and provide a status update regarding the same on or before February 11, 2026. The Court disagrees with Respondents' conclusory arguments that Petitioner's return to this District is unnecessary. (See Dkt. 8). Nor is the Court particularly sympathetic to the government's arguments regarding the burden of transfer considering that this problem is solely one of Respondents' own making by virtue of the fact that they seem intent on transferring detained noncitizens around the country like UPS packages. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/28/2026. (MGB) (Entered: 01/28/2026)

#10

Jan 29, 2026

REPLY/RESPONSE to re 2 Text Order, filed by Pamela Bondi, John Doe, Steve Kurzdorfer, Kristi Noem. (Muller, Marvin) (Entered: 01/29/2026)

#11

Jan 29, 2026

ORDER granting 1 Petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 01/29/2026. (MGB)

#12

Feb 09, 2026

REPLY/RESPONSE to re 9 Text Order, filed by Pamela Bondi, John Doe, Steve Kurzdorfer, Kristi Noem. (Muller, Marvin) (Entered: 02/09/2026)

#13

Feb 12, 2026

REPLY/RESPONSE to re 11 Order filed by Pamela Bondi, John Doe, Steve Kurzdorfer, Kristi Noem. (Muller, Marvin) (Entered: 02/12/2026)

#14

Feb 12, 2026

TEXT ORDER. On February 12, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 13). 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 20, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/12/2026. (JKS) (Entered: 02/12/2026)