Western District of New York • 1:26-cv-00472

#1

Mar 13, 2026

PETITION for Writ of Habeas Corpus, filed by Md Mahbubur Rahman. (Attachments: # 1 Memorandum in Support, # 2 Exhibits) (TMK) (Entered: 03/16/2026)

Mar 13, 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 16, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Md Mahbubur Rahman So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents are enjoined from transferring the petitioner outside the Western District of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). Based on the documents attached to his petition, it appears that the petitioner overstayed his visa. See Docket Item 1-2 at 1. Therefore, even under the respondents' interpretation of the relevant statutory framework, it appears that he is being held under 8 U.S.C. 1226(a) and is entitled to a bond hearing. Accordingly, on or before 3/23/2026, the respondents shall file a letter with (1) their position on the statutory authority for the petitioner's detention, and (2) an update on whether the petitioner has received a bond hearing. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/16/2026. (ZHM) (Entered: 03/16/2026)

Mar 16, 2026

Filing fee: $ 5.00, receipt number 100009159 (TMK)

Mar 16, 2026

E-Filing Notification: RE 1 PETITION - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK)

#3

Mar 20, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Acting Secretary of Homeland Security, Joseph E. Freden (Khalil, Adam) (Entered: 03/20/2026)

#4

Mar 20, 2026

REPLY/RESPONSE to re 2 Text Order,,,, filed by Acting Secretary of Homeland Security, Joseph E. Freden. (Khalil, Adam) (Entered: 03/20/2026)

#5

Mar 20, 2026

Letter filed by Acting Secretary of Homeland Security, Joseph E. Freden re: status of bond hearing for Petitioner (not yet calendered). (Khalil, Adam) (Entered: 03/20/2026)

#6

Mar 20, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Md Mahbubur Rahman On 3/16/2026 this Court ordered the respondents to provide their position on the statutory authority for the petitioner's detention and an update on whether he had received a bond hearing. See Docket Item 2 . The respondents have responded to that order, see Docket Items 4 and 5, conceding that the petitioner is detained under 8 U.S.C. § 1226(a) and thus entitled to a bond hearing, see Docket Item 5 ("Respondents agree that [p]etitioner is detained under 8 U.S.C. § 1226(a)."). In their response, the respondents also note that, although the petitioner has requested a bond hearing before an immigration judge, he has not yet received that hearing. Id. It would thus appear that the petitioner has not fully exhausted potential administrative remedies, as generally is required before seeking relief under 28 U.S.C. § 2241. See Morey v. Rodriguez, 2017 WL 4155090, at *2 (D.N.J. Sept. 19, 2017). Nevertheless, it is at the very least an "open question" as to whether section 2241's exhaustion requirement is jurisdictional, as opposed to an affirmative defense, see McDonald v. Sage, 2022 WL 503925, at *2 (D. Conn. Feb. 18, 2022), and multiple district courts within this Circuit have treated it as an affirmative defense, see id.; Zenquis v. Pullen, 2023 WL 2931585, at *3 n.3 (D. Conn. Apr. 13, 2023). This Court will therefore do the same. And because the respondents do not raise the issue in their responses, see generally Docket Items 4 and 5, the Court will not force the petitioner to fully exhaust his administrative remedies before considering his petition. In Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), this Court held "that constitutional due process requires the government to bear the burden of proving by clear and convincing evidence that the individual is either a danger to the community or a flight risk even at an initial bond hearing under section 1226(a)." Id. at 598. Accordingly, and for the reasons explained in Alvarez Ortiz, this Court GRANTS the petition and ORDERS the respondents to provide the petitioner with an individualized bond hearing before an immigration judge within seven calendar days of the date of this order. At that hearing, the government shall bear the burden to demonstrate, by clear and convincing evidence, that the petitioner is a danger to the community or a flight risk. At that bond hearing, the immigration judge must consider non-bond alternatives to detention or, if setting a bond, the petitioner's ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release the petitioner. On or before 3/30/2026, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/20/2026. (ZHM) (Entered: 03/20/2026)

#7

Mar 30, 2026

Letter filed by Acting Secretary of Homeland Security, Joseph E. Freden re Petitioner's request for a continuance of bond hearing. (Khalil, Adam) (Entered: 03/30/2026)

#8

Mar 31, 2026

TEXT ORDER: In light of the respondents' letter indicating that the petitioner "requested, and was granted, a continuance of his bond hearing," Docket Item 7 at 1, the Court GRANTS the respondents' request for an extension of time to provide a status update. The respondents shall file, on or before 4/1/2026, a status report confirming that the petitioner has either been granted a bond hearing in compliance with this Court's prior order, Docket Item 6, or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/31/2026.(ZHM) (Entered: 03/31/2026)

#9

Apr 01, 2026

Letter filed by Acting Secretary of Homeland Security, Joseph E. Freden re bond hearing. (Khalil, Adam) (Entered: 04/01/2026)

#10

Apr 02, 2026

TEXT ORDER re 9 Letter filed by Acting Secretary of Homeland Security, Joseph E. Freden The respondents have filed a letter, Docket Item 9, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 6, and that the petitioner was ordered released on bond. If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/2/2026. (ZHM)Clerk to Follow up (Entered: 04/02/2026)

#11

Apr 17, 2026

JUDGMENT in favor of Md Mahbubur Rahman against Acting Secretary of Homeland Security, Joseph E. Freden. Signed by Andrew W. Moeller, Clerk of Court on 4/17/2026. (TMK) (Entered: 04/17/2026)