Western District of New York • 1:26-cv-00417

#1

Mar 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5743085.), filed by SAPARBEK SATYBAEV. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1 - I-94 Record, # 3 Exhibit Exhibit 2 - CDL License, # 4 Exhibit Exhibit 3 - Order of Immigration Judge, # 5 Exhibit Exhibit 4- ICE Locator Page, # 6 Exhibit Exhibit 5- Affidavit of Jorge E. Artieda)(Soto, Andrea) (Entered: 03/08/2026)

#2

Mar 09, 2026

ORDER TO SHOW CAUSE it is ORDERED that Respondents 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 by copies of any Notices to Appear served on Petitioner, any warrants to arrest Petitioner, Petitioner's I-213, any documents that reflects the statutory authority under which Petitioner was previously released from custody and the full terms and length of said release, and any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary. IT IS ORDERED that the Petitioner shall have seven (7) days after service of Respondents' return to file a written response. The Petitioner shall promptly inform the Court if he does not intend to file a reply, at which point the Court will consider the matter ripe for review.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." IT IS ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 3/9/2026. (DDS) (Entered: 03/09/2026)

Mar 09, 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. (DDS)

Mar 09, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online case opening. (DDS)

Mar 09, 2026

Remark: The Clerk sent a copy of the Petition 1, and a copy of the Text Order at Dkt.2, via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (DDS)

#3

Mar 10, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5745545.) by Saparbek Satybaev. (Attachments: # 1 Affidavit Pro Hac Vice Admission Request, # 2 Affidavit Attorney's Oath, # 3 Affidavit Attorney's Oath of Office as to Civility Principles, # 4 Affidavit Sponsoring Affidavit, # 5 Supplement Attorney Electronic Case Filing Registration Form)(Soto, Andrea) (Entered: 03/10/2026)

#4

Mar 23, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Michael Ball, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Phillip Rhoney. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Moar, Daniel) (Entered: 03/23/2026)

#5

Mar 24, 2026

REPLY/RESPONSE to re 4 Response to Order to Show Cause filed by Saparbek Satybaev. (Soto, Andrea) (Entered: 03/24/2026)

#6

Mar 31, 2026

NOTICE of Appearance by Daniel Barrie Moar on behalf of Michael Ball, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Philip Rhoney (Moar, Daniel) (Entered: 03/31/2026)

#7

Apr 09, 2026

TEXT ORDER granting 3 Motion for Pro Hac Vice. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/9/2026. (MVP)Clerk to Follow up (Entered: 04/09/2026)

#8

Apr 10, 2026

TEXT ORDER granting Petitioner's request for a bond hearing [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 8, 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 immediate release or, at a minimum, a constitutionally adequate bond hearing. ECF No. 1. Respondents filed a response on March 23, 2026, conceding that this case shared a common question of law with the Court's decision in De La Cruz v. Rhoney, No. 25-CV-6699-MAV, 2026 WL 891658 (W.D.N.Y. April 1, 2026), and that the Court's resolution of the question in De La Cruz controlled the results in the instant case should the Court adhere to its prior reasoning. ECF No. 4. In De La Cruz, the Court considered whether a petitioner who had been present in the country for a period of years following expiration of his parole was detained under 8 U.S.C. § 1225(b)(1) 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. De La Cruz, 2026 WL 891658, at *10.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, particularly given Petitioner's relatively short period of confinement at the time he filed the petition. 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 De La Cruz governs. For that reason, the Court GRANTS the petition to the extent of a bond hearing and 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." De La Cruz, 2026 WL 891658, at *10. (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. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/10/2026. (MVP) (Entered: 04/10/2026)

#9

Apr 23, 2026

NOTICE by Michael Ball, Pamela Jo Bondi, Todd M. Lyons, Kristi Noem, Philip Rhoney (Attachments: # 1 Exhibit)(Moar, Daniel) (Entered: 04/23/2026)

#10

May 01, 2026

TEXT ORDER: On April 23, 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

Jun 15, 2026

JUDGMENT in favor of Saparbek Satybaev against Kristi Noem, Michael Ball, Pamela Jo Bondi, Philip Rhoney, Todd M. Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 6/15/2026. (DDS) (Entered: 06/15/2026)