Western District of New York • 6:26-cv-06100

#1

Jan 24, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5694239.), filed by Alper Yayli. (Attachments: # 1 Civil Cover Sheet)(Zaiman, Grace) (Entered: 01/24/2026)

Jan 26, 2026

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

Jan 26, 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)

#2

Jan 27, 2026

TEXT ORDER TO SHOW CAUSE. Alper Yayli, a national and citizen of Turkey, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 24, 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). Petitioner seeks, among other things, a writ of habeas corpus requiring either his immediate release or "a constitutionally-adequate bond hearing at which Respondents bear the burden by clear and convincing evidence of justifying his future detention...." 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." Further, in light of the Court's prior orders on this issue, including its decision granting relief in Da Cunha v. Freden et al., 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), Respondents are hereby:ORDERED 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 furtherORDERED 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 01/27/2026. (JCL)Clerk to Follow up Modified on 1/28/2026 to correct "Signed by" date from 2025 to 2026. (JCL) (Entered: 01/27/2026)

Jan 28, 2026

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

#3

Feb 02, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pam Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 02/02/2026)

#4

Feb 02, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,, filed by Pam Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 02/02/2026)

#5

Feb 05, 2026

TEXT ORDER. The Court is in receipt of Respondents' return to the Court's Text Order to Show Cause. ECF No. 2. 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. Petitioners may notify the Court at their earliest opportunity that they do 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 Petitioners desire to submit a written reply, they must do so within 7 days of the date of service of Respondents' return, as set forth in the Order to Show Cause. ECF No. 2. SO ORDERED. Signed by Hon. Meredith A. Vacca on 02/05/2026. (JCL) (Entered: 02/05/2026)

#6

Feb 09, 2026

REPLY/RESPONSE to re 4 Reply/Response filed by Alper Yayli. (Zaiman, Grace) (Entered: 02/09/2026)

#7

Feb 13, 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 fur ther 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 from 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 e videntiary 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 2/13/2026. (JCL)Clerk to Follow up