Western District of New York • 6:26-cv-06367

#1

Mar 28, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20054356, filed by Meishi Zheng. (Attachments: # 1 Proposed Summons Summons, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5) (Zhu, Jiancheng) [Transferred from nyed on 3/30/2026.] (Entered: 03/28/2026)

#2

Mar 30, 2026

Civil Cover Sheet.. by Meishi Zheng (Zhu, Jiancheng) [Transferred from nyed on 3/30/2026.] (Entered: 03/30/2026)

#3

Mar 30, 2026

Summons Issued as to Michael T. Phillips, U.S. Attorney and U.S. Attorney General (SDM) [Transferred from nyed on 3/30/2026.] (Entered: 03/30/2026)

#4

Mar 30, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) [Transferred from nyed on 3/30/2026.] (Entered: 03/30/2026)

#5

Mar 30, 2026

ORDER: Though petitioner resides in this District, it appears on the face of the petition that venue is proper in the Western District of New York. Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004) ("Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should name his warden as respondent and file the petition in the district of confinement."). The Clerk of Court is therefore directed to transfer this action to the United States District Court for the Western District of New York. 28 U.S.C. § 1406(a). Rule 83.1 of the Local Rules of the Eastern District of New York, which contemplates a seven-day delay before the Clerk shall transfer a case from this district, is waived. Ordered by Judge Eric R. Komitee on 3/30/2026. (AZT) [Transferred from nyed on 3/30/2026.] (Entered: 03/30/2026)

#6

Mar 30, 2026

Case transferred in from District of New York Eastern; Case Number 1:26-cv-01850. (Entered: 03/30/2026)

Mar 30, 2026

Case assigned to Judge Meredith A. Vacca. Notification to Chambers of electronic case transfer. (JLH)

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. (JLH)

Mar 30, 2026

Case transferred to District of Western District of New York. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. Extract Civil Case due by 3/30/2026. (AIH) [Transferred from nyed on 3/30/2026.]

Mar 30, 2026

Case Assigned to Judge Eric R. Komitee. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM) [Transferred from nyed on 3/30/2026.]

Mar 30, 2026

Notice: Case Requires Newly Updated Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed JS-44 (Revised 3/23/2026-Effective 3/24/2026) Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. The form is available at: https://www.nyed.uscourts.gov/document-search . SEARCH CATEGORIES Forms FILTER Clerks Office Forms and Instructions SEARCH JS 44 Civil Cover Sheet Revised 3/23/2026-Effective 3/24/2026 Please submit corrected Civil Cover Sheet under the event Other Documents - Proposed Summons/Civil Cover Sheet (SDM) [Transferred from nyed on 3/30/2026.]

#7

Apr 09, 2026

ORDER TO SHOW CAUSE. The Clerk of Court shall 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 4/9/2026. (MVP)Clerk to Follow up (Entered: 04/09/2026)

Apr 10, 2026

Clerk emailed a copy of 1 Petition and 7 Order to USANYW-Immigration-Habeas@usdoj.gov. (DMK)

#8

Apr 21, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Michael T Phillips (Khalil, Adam) (Entered: 04/21/2026)

#9

Apr 21, 2026

REPLY/RESPONSE to re 7 Order, filed by Michael T Phillips. (Khalil, Adam) (Entered: 04/21/2026)

#10

Apr 21, 2026

Letter filed by Michael T Phillips with ICE documents. (Khalil, Adam) (Entered: 04/21/2026)

#11

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. (MVP) (Entered: 05/06/2026)