Western District of New York • 1:26-cv-00386

#1

Mar 04, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5739414.), filed by NURETTIN MARSAK. (Attachments: # 1 Civil Cover Sheet)(Caglar, Ibrahim) (Entered: 03/04/2026)

Mar 05, 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. (TMK)

Mar 05, 2026

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

#2

Mar 09, 2026

ORDER TO SHOW CAUSE, Show Cause response due by 3/23/2026. Signed by Hon. Meredith A. Vacca on 3/9/2026. (DDS) (Entered: 03/09/2026)

#3

Apr 03, 2026

TEXT ORDER. Respondents advised that they were not served with the Petition and the Order to Show Cause. ECF Nos. 1, 2. Accordingly, the Court GRANTS Respondents' request for an extension. Respondents shall file their return within 14 days of this Text Order. Petitioner may file a written response no later than 7 days after service of Respondents' return. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/3/2026. (MVP) (Entered: 04/03/2026)

#4

Apr 07, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 04/07/2026)

#5

Apr 07, 2026

REPLY/RESPONSE to re 3 Text Order, filed by Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 04/07/2026)

#6

Apr 07, 2026

REPLY/RESPONSE to re 5 Reply/Response filed by Nurettin Marsak. (Caglar, Ibrahim) (Entered: 04/07/2026)

#7

Apr 10, 2026

Letter filed by Nurettin Marsak . (Caglar, Ibrahim) (Entered: 04/10/2026)

#8

Apr 14, 2026

TEXT ORDER granting Petitioner's request for a bond hearing before an Immigration Judge [ECF No. 1]. The Court finds no Constitutional violation in Petitioner bearing the burden of proof at the initial bond hearing to demonstrate to the satisfaction of the Immigration Judge that he is not a danger to the community or a flight risk.On March 4, 2026, Petitioner filed a Petition for a Writ of Habeas Corpus contending, inter alia, that he is being unlawfully detained under 8 U.S.C. § 1225(b), and that he is entitled to release or a bond hearing. ECF No. 1. Respondents filed a response on April 7, 2026, conceding that this case shared 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 controlled the results in the instant case should the Court adhere to its prior reasoning. ECF No. 5. In Da Cunha, the Court considered whether a petitioner who had been present in the country for a period of years and was not actively seeking lawful entry through inspection by an immigration officer was detained under 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(a). The Court found that the petitioner was detained under 8 U.S.C. § 1226(a) and was therefore entitled to an initial bond hearing under existing federal regulations. Da Cunha, 2025 WL 3280575, at *7.In reply, Petitioner argues that the Government must bear the burden at his initial bond hearing. ECF No. 6. The Court disagrees. After weighing the factors set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), the Court holds that the Due Process Clause does not require the Government to bear the burden under the particular circumstances of this case. See Barry v. Freden, No. 25-CV-6803-MAV, 2026 WL 230012, at *4 (W.D.N.Y. Jan. 28, 2026) (finding no Due Process violation where the first Mathews factor weighed slightly in favor of petitioner due to a relatively short period of confinement at the time he filed the petition, the second factor was neutral, and the third factor weighed in favor of the respondents); Mahmodi v. Marich, No. 25-CV-6762-MAV, 2026 WL 113473, at *9 (W.D.N.Y. Jan. 15, 2026) (same). The Court accepts Respondents' position, as argued, that Da Cunha governs, and, for that reason, GRANTS the petition to the extent of a bond hearing. The Court hereby ORDERS that Respondents shall provide Petitioner with a bond hearing before an Immigration Judge within ten (10) days of the date of this Order. The Court directs that the initial bond hearing shall be provided "as established by existing federal regulations." Da Cunha v. Freden, 2025 WL 3280575, at *7 (W.D.N.Y. Nov. 25, 2025) (quoting Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)). If such bond hearing is not conducted within ten (10) days of the date of this order, Petitioner shall be released from custody. 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. Signed by Hon. Meredith A. Vacca on 4/14/2026. (MVP) (Entered: 04/14/2026)

#9

Apr 29, 2026

Letter filed by Kristi Noem, Philip Rhoney, Joseph Freden, Pamela Bondi re bond hearing. (Khalil, Adam) (Entered: 04/29/2026)

#10

May 01, 2026

TEXT ORDER: On April 29, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 9 . The Court views the issues raised by petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before May 8, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/1/2026. (KSP) (Entered: 05/01/2026)

#11

May 12, 2026

TEXT ORDER: On May 1, 2026, the Court directed that any remaining objections be filed by the parties. Having received no objections, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of the Court to close the case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/12/2026. (KSP)Clerk to Follow up (Entered: 05/12/2026)

#12

May 13, 2026

JUDGMENT in favor of Nurettin Marsak against Joseph Freden, Kristi Noem, Pamela Bondi, Philip Rhoney. Signed by Andrew W. Moeller, Clerk of Court on 5/13/2026. (TME) (Entered: 05/13/2026)