Western District of New York • 6:26-cv-06310

#1

Mar 18, 2026

PETITION for Writ of Habeas Corpus, filed by Arfath Rahman. (Attachments: # 1 Civil Cover Sheet)(RE) (Additional attachment(s) added on 3/18/2026: # 2 Envelope) (RE). (Entered: 03/18/2026)

Mar 18, 2026

Filing fee received in the amount of $5.00, receipt number 1000 9199. (RE)

Mar 18, 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to petitioner.(RE)

#2

Mar 20, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 3/20/26. (RE)This was mailed to: Arfath Rahman. (Entered: 03/20/2026)

Mar 20, 2026

Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. (RE)

#3

Mar 27, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 03/27/2026)

#4

Mar 27, 2026

REPLY/RESPONSE to re 2 Order to Show Cause filed by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 03/27/2026)

#5

Mar 27, 2026

Letter filed by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem with additional ICE documents. (Khalil, Adam) (Entered: 03/27/2026)

#6

Mar 30, 2026

CERTIFICATE OF SERVICE by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem re 5 Letter, 4 Reply/Response, 3 Notice of Appearance (Khalil, Adam) (Entered: 03/30/2026)

#7

Apr 07, 2026

Petitioner's Traverse to Respondent's Reply to Writ of Habeas Corpus filed by Arfath Rahman. (Attachments: # 1 Envelope)(RE) (Entered: 04/08/2026)

#8

Apr 17, 2026

TEXT ORDER granting 1 Petition to the extent that Petitioner is entitled to a bond hearing during which the Government bears the burden of proof.Petitioner entered the United States in September 2024. He was encountered by immigration officials, issued a Notice to Appear, and released from custody pursuant to a Notice of Release on Recognize in September 2024. Over a year later, on October 14, 2025, Petitioner was arrested by immigration officials while appearing for a regular immigration appointment. Petitioner has been in immigration detention since October 14, 2025, without a bond hearing.On March 18, 2026, Petitioner, pro se, filed the instant petition for writ of habeas corpus alleging that he is being unlawfully detained and is entitled to immediate release or a bond hearing. In response to the petition, Respondents filed a return on March 27, 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. 4. 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.The Court accepts Respondents' position, as argued, that Da Cunha governs. Additionally, after applying the three-factor test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), the Court finds that the Government must bear the burden of proof at the bond hearing, particularly in light of Petitioner's 6-month detention without a bond hearing. See Velasco Lopez v. Decker, 978 F.3d 842, 846 (2d Cir. 2020); see also Black v. Decker, 103 F. 4th 133, 138 (2d Cir. 2024) (finding a detention of 7 months to be unreasonably prolonged). At Petitioner's bond hearing, the immigration judge must consider Petitioner's ability to pay and alternative means of assuring appearance in setting his bond and establishing appropriate terms for his potential release. See Black, 103 F. 4th at 138.Accordingly, it is hereby ORDERED that within ten (10) days of the date of this Order, Respondents shall provide Petitioner with a bond hearing before an immigration judge, during which the Government is required to show by clear and convincing evidence that Petitioner is either a flight risk or a danger to the community and the immigration judge must consider Petitioner's ability to pay and alternative means of assuring appearance.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 4/17/2026. (MVP)This was mailed to: Petitioner. (Entered: 04/17/2026)

#9

Apr 20, 2026

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus filed by Arfath Rahman. (Attachments: # 1 Envelope)(RE) (Entered: 04/21/2026)

#10

Apr 24, 2026

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

#11

Apr 24, 2026

CERTIFICATE OF SERVICE by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem re 10 Letter (Khalil, Adam) (Entered: 04/24/2026)

#12

May 04, 2026

TEXT ORDER: On April 24, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 10 . 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 11, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/4/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 05/04/2026)

#13

May 12, 2026

TEXT ORDER: On May 4, 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)This was mailed to: Petitioner at address of record.Clerk to Follow up (Entered: 05/12/2026)

#14

May 13, 2026

JUDGMENT closing the case. Signed by Andrew W. Moeller, Clerk of Court on 5/13/26. (RE) (Entered: 05/13/2026)

#15

May 18, 2026

Mail Returned as Undeliverable: 12 Text Order, sent to Arfath Rahman. (RE) (Entered: 05/18/2026)

#16

Jun 09, 2026

Mail Returned as Undeliverable: 13 Text Order mailed to Arfath Rahman. (RE) (Entered: 06/09/2026)