Western District of New York • 1:26-cv-00482

#1

Mar 16, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5753461.), filed by MEHMET VEFA ARSLAN. (Attachments: # 1 Civil Cover Sheet)(Caglar, Ibrahim) (Entered: 03/16/2026)

Mar 17, 2026

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

Mar 17, 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)

#2

Mar 24, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 3/20/2026. (TMK) (Entered: 03/24/2026)

Mar 24, 2026

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

#3

Mar 31, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/31/2026)

#4

Mar 31, 2026

REPLY/RESPONSE to re 2 Order to Show Cause filed by Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/31/2026)

#5

Apr 06, 2026

REPLY/RESPONSE to re 4 Reply/Response filed by Mehmet Vefa Arslan. (Caglar, Ibrahim) (Entered: 04/06/2026)

#6

Apr 14, 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 16, 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 31, 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. 5. 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 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 4/14/2026. (MVP) (Entered: 04/14/2026)

#7

Apr 24, 2026

Letter filed by Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/24/2026)

#8

Apr 27, 2026

TEXT ORDER: On April 24, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 7 . 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 4, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/27/2026. (KSP) (Entered: 04/27/2026)

#9

May 06, 2026

TEXT ORDER: On April 27, 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 5/6/2026. (KSP)Clerk to Follow up (Entered: 05/06/2026)

#10

May 08, 2026

JUDGMENT in favor of Mehmet Vefa Arslan against Joseph Freden, Kristi Noem, Pamela Bondi, Philip Rhoney. Signed by Andrew W. Moeller, Clerk of Court on 5/8/2026. (TME) (Entered: 05/08/2026)