Western District of New York • 6:26-cv-06316

#1

Mar 18, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5.00 receipt number ANYWDC-5757135), filed by Kamal Hassan. (Zaiman, Grace) Modified on 3/19/2026 (JHF). (Entered: 03/18/2026)

Mar 19, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of on-line civil case opening. (JHF)

Mar 19, 2026

E-Filing Notification: Attorney Grace Zaiman directed to file Civil Cover Sheet as a "Continuation of Exhibits" to 1 PETITION for Writ of Habeas Corpus. (JHF)

Mar 19, 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. (JHF)

#2

Mar 24, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 3/24/26. (JHF) (Entered: 03/24/2026)

Mar 24, 2026

Clerk emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

#3

Apr 15, 2026

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus civil cover sheet. (Zaiman, Grace) (Entered: 04/15/2026)

#4

Apr 16, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 04/16/2026)

#5

Apr 16, 2026

REPLY/RESPONSE to re 2 Order filed by James Bausch, Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 04/16/2026)

#6

May 06, 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 has 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 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), aff'd, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026) 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. 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 the length of Petitioner's detention. 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 5/6/2026. (KSP) (Entered: 05/06/2026)

#7

May 21, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 05/21/2026)

#8

May 21, 2026

TEXT ORDER: On May 21, 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 28, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/21/2026. (KSP) (Entered: 05/21/2026)

#9

Jun 01, 2026

TEXT ORDER: On May 21, 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 6/1/2026. (KSP)Clerk to Follow up (Entered: 06/01/2026)

#10

Jun 01, 2026

JUDGMENT in favor of Kamal Hassan against James Bausch, Kristi Noem, Pamela Bondi, Tammy Marich, Todd Lyons. Signed by Clerk on 6/1/26. (JHF) (Entered: 06/01/2026)