Western District of New York • 1:26-cv-00607

#1

Mar 27, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5769706.), filed by MOHAMED ZEINE BAHAH. (Attachments: # 1 Civil Cover Sheet)(Caglar, Ibrahim) (Entered: 03/27/2026)

#2

Mar 30, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Mohamed Zeine Bahah. 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 to any district 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). In Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), this Court held 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. The Court further 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. And in Cabrera Martinez v. Marich, --- F.Supp.3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. It appears that the holding of Alvarez Ortiz and/or Cabrera Martinez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 4/6/2026, why, in light of one or both of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not order that the petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that the 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, the petitioner's ability to pay. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/30/2026. (DDC) (Entered: 03/30/2026)

Mar 30, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG)

Mar 30, 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)

#3

Apr 01, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Markwayne Mullin, Philip Rhoney (Khalil, Adam) (Entered: 04/01/2026)

#4

Apr 01, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,, filed by Pamela Bondi, Joseph Freden, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 04/01/2026)

#5

Apr 01, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Mohamed Zeine Bahah. On 3/30/2026, this Court ordered the respondents to show cause why, in light of its decision in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579, (W.D.N.Y. 2025), "(1) the petition in this case should not be granted, and (2) the Court should not order that the petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that the 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, the petitioner's ability to pay." Docket Item 2. In response, the "[r]espondents acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz] concerning similar challenges to the government policy or practice at issue in this case, and the common question of law between this case and those rulings, would control the result in this case should the Court adhere to its legal reasoning in those prior decisions." Docket Item 4 at 1. The respondents have reserved all rights, including the right to appeal, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. Accordingly, 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 4/9/2026, 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 4/1/2026. (DDC) (Entered: 04/01/2026)

#6

Apr 07, 2026

Letter filed by Pamela Bondi, Joseph Freden, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/07/2026)

#7

Apr 08, 2026

TEXT ORDER re 6 Letter filed by Markwayne Mullin, Philip Rhoney, Pamela Bondi, Joseph Freden.The respondents have filed a letter, Docket Item 6, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, but found that the government met its burden on risk of flight. 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 4/8/2026. (DDC)Clerk to Follow up (Entered: 04/08/2026)

#8

Apr 10, 2026

First MOTION to Enforce Judgment by Mohamed Zeine Bahah. (Attachments: # 1 Declaration Attorney Declaration, # 2 Exhibit IJ Bond Order)(Caglar, Ibrahim) (Entered: 04/10/2026)

#9

Apr 13, 2026

TEXT ORDER re 8 First MOTION to Enforce Judgment filed by Mohamed Zeine Bahah. Response due 4/20/2026. Reply due 4/27/2026. If necessary, the Court will schedule oral argument at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/13/2026. (DDC) (Entered: 04/13/2026)

#10

Apr 20, 2026

Letter filed by Pamela Bondi, Joseph Freden, Markwayne Mullin, Philip Rhoney re motion to enforce. (Khalil, Adam) (Entered: 04/20/2026)

#11

Apr 20, 2026

TEXT ORDER granting 8 First MOTION to Enforce Judgment filed by Mohamed Zeine Bahah. As the government has conceded, see Docket Item 10, the immigration judge ("IJ") failed to consider alternatives to detention as required by this Court's order, Docket Item 5. Additionally, the IJ stated that he "lack[ed] jurisdiction over arriving aliens" and denied bond on that basis, see Docket Item 8-2 at 1 (capitalization omitted), which is in direct contradiction to this Court's order to provide a bond hearing for the petitioner. Accordingly, the petitioner's motion to enforce is granted, and the respondents shall provide the petitioner with a new bond hearing within seven days of the date of this order at which 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 4/28/2026, 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 4/20/2026. (RFI) Modified on 4/20/2026 to add status report date (RFI). (Entered: 04/20/2026)

#12

Apr 21, 2026

Letter filed by Pamela Bondi, Joseph Freden, Markwayne Mullin, Philip Rhoney re: Petitioner's taking voluntary departure and request for conference. (Khalil, Adam) (Entered: 04/21/2026)

#13

Apr 21, 2026

TEXT ORDER re 12 Letter filed by Markwayne Mullin, Philip Rhoney, Pamela Bondi, Joseph Freden. Status Conference set for 4/22/2026 at 11:00 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. The Court's prior order granting the petitioner's motion to enforce, Docket Item 11, is HELD IN ABEYANCE pending the 4/22 status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/21/2026. (RFI) (Entered: 04/21/2026)

#14

Apr 21, 2026

Letter filed by Pamela Bondi, Joseph Freden, Markwayne Mullin, Philip Rhoney re correction to misstatement in ECF No. 12. (Khalil, Adam) (Entered: 04/21/2026)

#15

Apr 22, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 12 Letter filed by Markwayne Mullin, Philip Rhoney, Pamela Bondi, Joseph Freden held on 4/22/2026. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court reviewed letters and notes petitioner wants to voluntarily leave the Country. The Court's prior order granting the petitioner's motion to enforce, Docket Item 11, is HELD IN ABEYANCE pending notification that petitioner has left the Country. Appearances by Teams Video Conference. For petitioner. Ibrahim F. Caglar. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 04/22/2026)