Western District of New York • 1:26-cv-00525

#1

Mar 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5759754.), filed by Sait Demir. (Attachments: # 1 Civil Cover Sheet)(Faulkner, Inessa) (Entered: 03/20/2026)

#2

Mar 20, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), finding that noncitizens who are present in the United States without having been admitted or paroled are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226. In addition, this Court issued Decision and Orders in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226, and not § 1225. The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo, 2025 WL 3290694, at *4-5. In deciding whether the government has met their burden of proof, the IJ must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in continued detention and if the IJ finds that the government has not met this burden, then in setting any bond the IJ must consider ability to pay and alternative conditions of release. Id.Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before March 27, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk and at which the immigration judge must consider non-bond alternatives to detention or, if setting a bond, Petitioner's ability to pay.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless 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. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.Further, the Clerk's Office is directed to serve a copy of the petition and this Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/20/2026. (EKH)Clerk to Follow up (Entered: 03/20/2026)

Mar 20, 2026

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

Mar 20, 2026

Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (JLH)

Mar 20, 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. (JLH)

#3

Mar 31, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pam Bondi, Thomas Brophy, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 03/31/2026)

#4

Mar 31, 2026

MOTION for Extension of Time to File Response/Reply as to 2 Text Order,,,,,,,,,,,,,, by Pam Bondi, Thomas Brophy, Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration of Adam Khalil, # 2 Memorandum in Support)(Khalil, Adam) (Entered: 03/31/2026)

#5

Apr 01, 2026

TEXT ORDER granting 4 Consent Motion for Extension of Time. Respondents shall respond to the order to show cause (Dkt. 2) on or before April 3, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/1/2026. (EKH) (Entered: 04/01/2026)

#6

Apr 03, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,,,, filed by Pam Bondi, Thomas Brophy, Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration of DO Muehlig, # 2 Exhibit A to Muehlig Dec.)(Khalil, Adam) (Entered: 04/03/2026)

#7

Apr 07, 2026

TEXT ORDER. In a response (Dkt. 6) to the Court's Order to Show Cause (Dkt. 2), Respondents raise arguments that the Court lacks jurisdiction over this case and that this case is distinguishable from the issues resolved in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113 (W.D.N.Y. Feb. 3, 2026). In light of these arguments, the Court will afford Petitioner an opportunity to respond to Respondents' response to the Order to Show Cause. Petitioner's response is due on or before April 14, 2026. Respondents may submit a reply to Petitioner's filing on or before April 17, 2026, to more fully address these arguments. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/7/2026. (EKH). (Entered: 04/07/2026)

#8

Apr 11, 2026

REPLY/RESPONSE to re 6 Reply/Response filed by Sait Demir. (Faulkner, Inessa) (Entered: 04/11/2026)

#9

Apr 13, 2026

REPLY/RESPONSE to re 8 Reply/Response filed by Pam Bondi, Thomas Brophy, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 04/13/2026)

#10

Apr 21, 2026

Letter filed by Pam Bondi, Thomas Brophy, Todd Lyons, Kristi Noem re finding of no credible fear of removal and request to lift stays for expedited removal. (Khalil, Adam) (Entered: 04/21/2026)

#11

Apr 21, 2026

TEXT ORDER re: 10 Request to Lift Stay for Expedited Removal. Responses to the request are due on or before April 27, 2026. Any reply is due on or before April 29, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/21/2026. (MGB) (Entered: 04/21/2026)

#12

Apr 24, 2026

REPLY/RESPONSE to re 10 Letter PETITIONERS RESPONSE IN OPPOSITION TO RESPONDENTS REQUEST TO LIFT STAY FOR EXPEDITED REMOVAL (Dkt. 10) filed by Sait Demir. (Faulkner, Inessa) (Entered: 04/24/2026)

#13

May 20, 2026

TEXT ORDER The Clerk of Court shall reassign this matter to another judge for all further proceedings. Signed by Hon. Elizabeth A. Wolford on 5/20/2026. (LB) (Entered: 05/20/2026)

May 20, 2026

DESIGNATION of United States Judge for Service within the Circuit. Case reassigned to Senior Circuit Judge Jon O. Newman. Hon. Elizabeth A. Wolford no longer assigned to the case. (LB)

#14

Jun 17, 2026

Minute Entry for proceedings held before Senior Circuit Judge Jon O Newman: Oral Argument on the Merits as to Demir v. Bondi held on 6/17/2026. The parties place their positions on the record and answer the court's questions. The court reserves decision. Appearances: Adam Khalil on behalf of the defendants. Inessa Faulkner on behalf of the plaintiff. (FTR Gold)(KMM) (Entered: 06/17/2026)

#15

Jun 25, 2026

DECISION AND ORDER re 1 Petition for Writ of Habeas Corpus filed by Sait Demir. Signed by Senior Circuit Judge Jon O Newman on 6/25/2026. (DDS) (Main Document 15 replaced on 6/25/2026) (DDS). (Entered: 06/25/2026)

#16

Jun 25, 2026

Remark: The Clerk emailed a copy of the Decision and Order 15 to Westlaw at us.dct.wdny@content.thomsonreuters.com. (DDS) (Entered: 06/25/2026)

#17

Aug 04, 2026

Letter filed by Michael Ball re restriction on transfer from WDNY. (Khalil, Adam) (Entered: 08/04/2026)

#18

Aug 05, 2026

NOTICE of Appearance by Michael DiGiacomo on behalf of Michael Ball (DiGiacomo, Michael) (Entered: 08/05/2026)

#19

Aug 10, 2026

ORDER denying 17 Letter. It is further ordered that the Respondent notify this Court within five business days of the date of this Order (1) whether a bond hearing for the Petitioner has been held as Ordered by this Court on June 25, 2026, (2) if held, the outcome of the bond hearing, and (3) if not held, the reason why the bond hearing was not held. Signed by Senior Circuit Judge Jon O Newman on 8/10/2026. (CGJ) (Entered: 08/10/2026)

#20

Aug 10, 2026

Letter filed by Michael Ball re bond hearing. (Khalil, Adam) (Entered: 08/10/2026)

#21

Aug 11, 2026

Letter filed by Sait Demir . (Faulkner, Inessa) (Entered: 08/11/2026)

#22

Aug 14, 2026

ORDER re 21 Petitioner's letter dated August 11, 2026. Signed by Senior Circuit Judge Jon O Newman on 8/14/2026. (DDS) (Entered: 08/14/2026)

#23

Aug 24, 2026

Letter filed by Sait Demir . (Faulkner, Inessa) (Entered: 08/24/2026)

#24

Aug 24, 2026

NOTICE OF APPEAL as to 15 Decision and Order by Michael Ball. (Khalil, Adam) FEE STATUS: Waived. Modified text on 8/25/2026 (DDS). (Entered: 08/24/2026)

#25

Aug 25, 2026

Remark: Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (DDS) (Entered: 08/25/2026)

Aug 25, 2026

E-Filing Notification: 24 NOTICE OF APPEAL as to 15 Decision and Order by Michael Ball. (Khalil, Adam) FEE STATUS: Waived. Modified to include fee status text on 8/25/2026 (DDS).

#26

Aug 27, 2026

REPLY/RESPONSE to re 22 Order filed by Michael Ball. (Khalil, Adam) (Entered: 08/27/2026)

#27

Aug 28, 2026

Letter filed by Michael Ball with travel document & renewed request to lift stay of removal. (Khalil, Adam) (Entered: 08/28/2026)

#28

Aug 31, 2026

Letter filed by Michael Ball re renewed request to lift stays for removal. (Khalil, Adam) (Entered: 08/31/2026)

#29

Sep 02, 2026

TEXT ORDER The Court advises the parties that it will take no further action in this case while an appeal is pending in the Court of Appeals for the Second Circuit. The appeal appears to deprive this Court of jurisdiction. SO ORDERED. Signed by Senior Circuit Judge Jon O. Newman on 9/2/2026. (LB) (Entered: 09/02/2026)

#30

Sep 09, 2026

DESIGNATION of Record on Appeal by Michael Ball re 24 Notice of Appeal CLERK TO FOLLOW UP (Khalil, Adam) (Entered: 09/09/2026)

#31

Sep 10, 2026

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (Attachments: # 1 index)(DDS) (Entered: 09/10/2026)