Western District of New York • 1:26-cv-00576

#1

Mar 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5766359.), filed by Mohamed Hajji. (Attachments: # 1 Civil Cover Sheet)(Urena, Rafael) (Entered: 03/25/2026)

Mar 26, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (MMG)

Mar 26, 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. (MMG)

#2

Apr 08, 2026

ORDER TO SHOW CAUSE. The Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with a copy of this 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. Signed by Hon. Meredith A. Vacca on 4/8/2026. (MVP)Clerk to Follow up (Entered: 04/08/2026)

Apr 09, 2026

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

#3

Apr 16, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Markwayne Mullin (Khalil, Adam) (Entered: 04/16/2026)

#4

Apr 16, 2026

REPLY/RESPONSE to re 2 Order, filed by Pamela Bondi, Markwayne Mullin. (Khalil, Adam) (Entered: 04/16/2026)

#5

Apr 23, 2026

REPLY/RESPONSE to re 2 Order, filed by Mohamed Hajji. (Urena, Rafael) (Entered: 04/23/2026)

Apr 23, 2026

E-Filing Notification: Username and signature do not match (refer to Administrative Procedures Guide Section 1-3c). Action required: re-file document using same signature and password and file updated proof of service. 5 REPLY/RESPONSE to re 2 Order, filed by Mohamed Hajji. (Urena, Rafael) (TMK)

#6

Apr 24, 2026

REPLY/RESPONSE to re 2 Order, Corrected for Signature filed by Mohamed Hajji. (Urena, Rafael) (Entered: 04/24/2026)

#7

Apr 24, 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 2023. He was encountered by immigration officials, issued a Notice to Appear, and released from custody. On August 17, 2025, Petitioner was arrested by immigration officials. He has been held in immigration detention since then without a bond hearing.On March 25, 2026, Petitioner filed the instant petition for writ of habeas corpus alleging that he is being unlawfully detained and he is entitled to immediate release or a bond hearing. In response to the petition, Respondents filed a return on April 16, 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 8-month long 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 4/24/2026. (MVP) (Entered: 04/24/2026)

#8

May 08, 2026

Letter filed by Pamela Bondi, Markwayne Mullin re bond hearing. (Khalil, Adam) (Entered: 05/08/2026)

#9

May 08, 2026

TEXT ORDER: On May 8, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 8 . 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 15, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/8/2026. (KSP) (Entered: 05/08/2026)

#10

May 13, 2026

MOTION to Enforce Judgment by Mohamed Hajji.(Urena, Rafael) (Entered: 05/13/2026)

#11

May 14, 2026

TEXT SCHEDULING ORDER: Respondents' response to the motion to enforce is due on or before May 28, 2026. Respondents have indicated they have submitted the audio recording of the bond hearing. In his Reply, Petitioner is directed to explain why the procedure for appeal of the Immigration Judges decision to the BIA under 8 C.F.R. 1003.19(f) is not a sufficient remedy under the circumstances described in his petition. See, e.g., Bohorquez-Valencia v. Ripa, No. 3:25-CV-1383-MMH-LLL, 2026 WL 662980, at *2 (M.D. Fla. Mar. 10, 2026) (collecting cases, including Bogle v. DuBois, 236 F. Supp. 3d 820, 823 (S.D.N.Y. 2017) ("Indeed, the BIA might find that the evidence proffered--or lack thereof--at [petitioner]'s bond hearing did not sufficiently establish he is a flight risk, rendering disposition of his constitutional claims unnecessary.")). 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. Meredith A. Vacca on 5/14/26. (NWA) (Entered: 05/14/2026)

#12

May 27, 2026

Letter filed by Pamela Bondi, Markwayne Mullin re Petitioner's motion to enforce. (Khalil, Adam) (Entered: 05/27/2026)

#13

May 29, 2026

TEXT ORDER 10, 11, 12 . In Petitioner's anticipated reply to Respondents' May 27 letter 12 regarding Petitioner's motion to enforce 10, Petitioner must indicate whether he admits or denies the correctness of the audio recording of Petitioner's bond hearing provided by Respondents' counsel. See Rule 7(c) of the Rules Governing Habeas Cases in the United States District Court (the Court "must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness."). If Petitioner denies the correctness of the audio recording, he must provide a brief explanation of the basis for his response. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/29/26. (NWA) (Entered: 05/29/2026)

#14

Jun 02, 2026

Letter filed by Pamela Bondi, Markwayne Mullin re lifting of stay of removal. (Khalil, Adam) (Entered: 06/02/2026)

#15

Jun 03, 2026

Letter filed by Mohamed Hajji Replying in Support of Motion to Enforce. (Urena, Rafael) (Entered: 06/03/2026)

#16

Jun 15, 2026

TEXT ORDER re. 14 . Amidst a pending motion to enforce the Court's April 24, 2026 decision, ordering a bond hearing pursuant to 8 U.S.C. 1226(a), see ECF No. 7, Respondents filed a letter requesting "that the stay of removal be lifted in this matter" because "ICE is ready to remove Petitioner." ECF No. 27, 2026. This request is DENIED. As an initial matter, the Court has not "stayed" Petitioner's removal, and the Court rejects Respondents' premise stating otherwise. The Court's original order to show cause directed Respondents to refrain from transferring Petitioner out of the United States while the Court determines whether an evidentiary hearing in this matter is warranted pursuant to 28 U.S.C. 2243, which is well-within the Court's habeas jurisdiction. That order remains in effect in light of the pending issues raised in Petitioner's motion to enforce.Further, Respondents support their letter request with the simple assertion that "ICE is ready to remove Petitioner." ECF No. 14. This petition was filed, argued, and decided pursuant to 8 U.S.C. 1226(a), which applies to noncitizens who are not subject to a final order of removal. Petitioner's motion to enforce, and Respondents' response thereto, are also confined to this pre-final-order-of-removal procedural posture. Respondents have submitted no evidence demonstrating that Petitioner is now subject to a final order of removal, or a basis otherwise by which Respondents are authorized to "remove" Petitioner. If Respondents have additional evidence to demonstrate changed circumstances regarding Petitioner's underlying removal proceedings and the current statutory authority for detaining Petitioner, impacting the Court's adjudication of this matter under Section 1226(a), they must, by 9:00 AM on June 18, 2026, file a memorandum of law and supporting documentation to support a request for appropriate relief. If such documents are filed, the Court will set a briefing schedule thereon. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/15/26. (NWA) (Entered: 06/15/2026)

#17

Jun 22, 2026

TEXT ORDER granting 10 Petitioner's motion to enforce and ordering Petitioner's immediate release. On April 24, 2026, the Court ordered that, within 10 days, Petitioner must receive a bond hearing at which the Government bears the burden of proof and at which 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. ECF No. 7. Petitioner filed a motion to enforce, arguing he did not receive an adequate bond hearing as ordered. ECF No. 10. Respondents concede that Petitioner's May 1 bond hearing did not comply with this Court's April 24 order. ECF No. 12. The Court's April 24 order stated that if "such bond hearing" as ordered was not conducted within 10 days, "Petitioner shall be ordered released." ECF No. 7. A bond hearing as ordered did not occur with 10 days of the Court's April 24 order, therefore, Respondents shall immediately release Petitioner. The Court also notes that Petitioner has been detained under 8 U.S.C. 1226(a) since August 17, 2025, without an adequate bond hearing, and that Respondents filed no response to this Court's June 15 order seeking clarity as to why Respondents are purportedly "ready to remove" this Petitioner who is detained pursuant to a pre-final-order-of-removal statute. See ECF No. 16. Respondents shall file a status report by 10:00 AM on Tuesday, June 23, 2026, confirming compliance with this order. The Court views the issues raised in this petition resolved and finds that no evidentiary hearing is warranted. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/22/2026. (MVP)Clerk to Follow up (Entered: 06/22/2026)

#18

Jun 23, 2026

Letter filed by Pamela Bondi, Markwayne Mullin re: release & request for lifting of order enjoining removal. (Khalil, Adam) (Entered: 06/23/2026)

#19

Jun 23, 2026

JUDGMENT in favor of Mohamed Hajji against Markwayne Mullin, Pamela Bondi. Signed by Andrew W. Moeller, Clerk of Court on 6/23/2026. (TME) (Entered: 06/23/2026)