Western District of New York • 1:26-cv-00323

#1

Feb 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5726223.), filed by Tuan Nguyen. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Declaration of Chau Sa Ngo (Chau Decl.), # 3 Declaration Declaration of Lammy Nguyen (Lammy Decl.), # 4 Declaration Declaration of Lam Anh Ngo (Lam Decl.), # 5 Exhibit Declaration of Angelina Ngyuen (Angelina Decl.), # 6 Exhibit Photo of Mr. Nyugen, his partner and children at Angelinas High School Graduation)(Gillman, Sarah) (Entered: 02/20/2026)

#2

Feb 20, 2026

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus,, Corrected ECF No. 1-3, Declaration of Lammy Nguyen (Lammy Decl.). (Gillman, Sarah) (Entered: 02/20/2026)

Feb 23, 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)

Feb 23, 2026

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

#3

Feb 26, 2026

MOTION re 2 Continuation of Exhibits, 1 Petition for Writ of Habeas Corpus,, Application of the Issuance of an Order to Show Cause by Tuan Nguyen. (Attachments: # 1 Text of Proposed Order)(Gillman, Sarah) (Entered: 02/26/2026)

#4

Feb 26, 2026

TEXT ORDER TO SHOW CAUSE. Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 20, 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 a writ of habeas corpus requiring, among other things, that Respondents release him immediately. 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 02/26/2026. (JCL)Clerk to Follow up (Entered: 02/26/2026)

Feb 27, 2026

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

#5

Mar 04, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Khalil, Adam) (Entered: 03/04/2026)

#6

Mar 04, 2026

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement re stay of removal. (Khalil, Adam) (Entered: 03/04/2026)

#7

Mar 05, 2026

REPLY/RESPONSE to re 6 Letter Petitioner's Opposition to Respondents' Request in ECF No. 6 filed by Tuan Nguyen. (Gillman, Sarah) (Entered: 03/05/2026)

#8

Mar 12, 2026

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement in response to Order to Show Cause and regarding lifting of stay of removal. (Khalil, Adam) (Entered: 03/12/2026)

#9

Mar 12, 2026

Letter filed by Tuan Nguyen Petitioner's request to respond to ECF No. 8 by March 16, 2026, by 5:00 p.m.. (Gillman, Sarah) (Entered: 03/12/2026)

#10

Mar 12, 2026

NOTICE of Appearance by Sarah Emma Decker on behalf of Tuan Nguyen (Decker, Sarah) (Entered: 03/12/2026)

#11

Mar 12, 2026

TEXT ORDER re 8, 9 . On March 12, 2026, Respondents submitted their response to the Court's Order to Show Cause issued on February 26, 2026. ECF No. 2. Pursuant to the Court's Order to Show Cause, Petitioner has 7 days from the service of Respondents' return to file a response. Accordingly, Petitioner's response to ECF No. 8 is due on or before March 20, 2026. Signed by Hon. Meredith A. Vacca on 3/12/2026. (MVP) (Entered: 03/12/2026)

#12

Mar 18, 2026

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement re recent order by Chief Judge Wolford pertaining to stay of removal. (Khalil, Adam) (Entered: 03/18/2026)

#13

Mar 20, 2026

REPLY/RESPONSE to re 12 Letter, 9 Letter Letter Brief in Reply/Response to Respondents' Letter Brief in Opposition (ECF Nos. 8 and 12) filed by Tuan Nguyen. (Gillman, Sarah) (Entered: 03/20/2026)

#14

Apr 08, 2026

STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure by Tuan Nguyen. (Gillman, Sarah) (Entered: 04/08/2026)

#15

Apr 10, 2026

TEXT ORDER DIRECTING CLERK OF COURT TO CLOSE THIS ACTION re 14 Stipulation of Dismissal. See Gambale v. Deutsche Bank AG, 377 F.3d 133, 139 (2d Cir. 2004) ("Generally... a plaintiff's filing in the district court of a stipulation of dismissal signed by all parties pursuant to Rule 41(a)(1)(ii) divests the court of its jurisdiction over a case, irrespective of whether the district court approves the stipulation."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/10/2026. (MVP)Clerk to Follow up (Entered: 04/10/2026)