Western District of New York • 6:26-cv-06366

#1

Mar 30, 2026

PETITION for Writ of Habeas Corpus, filed by Nikoloz Meladze. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Envelope) (JHF) (Entered: 03/31/2026)

Mar 30, 2026

Filing fee received: $5.00, receipt number 1000009264. (JHF)

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. (JHF)

#2

Mar 31, 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 April 7, 2026, whether, 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 3/31/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up (Entered: 03/31/2026)

Mar 31, 2026

Clerk regenerated 2 Text Order and 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 06, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of ICE Field Office Director, U.S. Department of Homeland Security, Warden (Khalil, Adam) (Entered: 04/06/2026)

#4

Apr 06, 2026

Letter filed by ICE Field Office Director, U.S. Department of Homeland Security, Warden with updated address for Petitioner. (Khalil, Adam) (Entered: 04/06/2026)

#5

Apr 06, 2026

MOTION to Dismiss for Lack of Jurisdiction or transfer venue by ICE Field Office Director, U.S. Department of Homeland Security, Warden. (Attachments: # 1 Memorandum in Support, # 2 Declaration of AFOD Nathaniel Koson)(Khalil, Adam) (Entered: 04/06/2026)

#6

Apr 06, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director, U.S. Department of Homeland Security, Warden re 4 Letter, 5 MOTION to Dismiss for Lack of Jurisdiction or transfer venue, 3 Notice of Appearance (Khalil, Adam) (Entered: 04/06/2026)

#7

Apr 08, 2026

TEXT ORDER re: 5 Motion to Dismiss or Transfer Venue. On April 7, 2026, Respondents filed a motion to dismiss or to transfer venue, arguing that this Court lacks jurisdiction over the petition because when the petition was filed on March 30, 2026 (Dkt. 1), Petitioner was no longer in the district, having been transferred from the Buffalo Federal Detention Facility to a facility in the Western District of Louisiana on March 28, 2026. (Dkt. 5). Although the petition was received by the Court on March 30, 2026, the petition is dated March 25, 2026 (see Dkt. 1 at 8) and a certificate of service accompanying the petition reflects a March 25, 2026 mailing date (see Dkt. 1-1 at 5). In addition, the envelope containing the petition appears to reflect a March 26, 2026 postmark and stamp from the Buffalo Federal Detention Facility. (Dkt. 1-3).Because these facts regarding the date of the petition and its mailing are not discussed in Respondents' motion to dismiss, Respondents are directed to file a supplemental memorandum on or before April 13, 2026, to address whether the "mailbox rule" would operate to confer jurisdiction over the petition in this Court. See e.g., Noble v. Kelly, 246 F.3d 93, 98 (2d Cir. 2001) (concluding "that the district court properly extended the prison mailbox rule to petitions for writs of habeas corpus"); Adeline v. Stinson, 206 F.3d 249, 251 n.1 (2d Cir. 2000) ("When a prisoner is proceeding pro se, as petitioner then was, federal courts generally consider his or her petition for habeas corpus to have been filed as of the date it was given to prison officials for forwarding to the court clerk." (citing Houston v. Lack, 487 U.S. 266, 276 (1988))); Graham v. Piccolo, No. 1:20-CV-01684 EAW, 2024 WL 3552787, at *6 (W.D.N.Y. July 26, 2024) ("According to the prison mailbox rule, pleadings by a pro se inmate are considered filed with the Court at the moment the inmate hands those pleadings to prison authorities for posting to the Court through the prison mail system."); Jackson v. Warden of Fed. Det. Facility at SeaTac, No. 2:24-CV-00547-TMC-GJL, 2024 WL 4227765, at *2 (W.D. Wash. Sept. 13, 2024) (applying mailbox rule to determine district of confinement where petitioner alleged that he gave petition to facility employees for mailing prior to his transfer to another facility), report and recommendation adopted, 2024 WL 4710679 (W.D. Wash. Nov. 7, 2024). If no response is filed by Respondents on or before April 13, 2026, the Court will presume that Respondents have no objection to their motion to dismiss being denied. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/08/2026. (EKH) This was mailed to: Petitioner. (Entered: 04/08/2026)

#8

Apr 08, 2026

Letter filed by ICE Field Office Director, U.S. Department of Homeland Security, Warden withdrawing Motion to Dismiss. (Khalil, Adam) (Entered: 04/08/2026)

#9

Apr 08, 2026

REPLY/RESPONSE to re 2 Text Order, filed by ICE Field Office Director, U.S. Department of Homeland Security, Warden. (Khalil, Adam) (Entered: 04/08/2026)

#10

Apr 08, 2026

CERTIFICATE OF SERVICE by ICE Field Office Director, U.S. Department of Homeland Security, Warden re 9 Reply/Response, 8 Letter (Khalil, Adam) (Entered: 04/08/2026)

#11

Apr 08, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 4/8/2026. (EKH) This was mailed to: Petitioner. (Entered: 04/08/2026)

#12

Apr 08, 2026

TEXT ORDER granting 8 letter request to withdraw. Respondents advise that they failed to account for the pro se mailbox rule and concede that the petition is properly before this Court. (Dkt. 8). Respondents seek to withdraw their motion to dismiss for lack of jurisdiction or to transfer venue on this basis. The Court grants the request and the pending motion to dismiss/transfer venue (Dkt. 5) is hereby deemed withdrawn. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/8/2026. (EKH)This was mailed to: Petitioner. (Entered: 04/08/2026)

#13

Apr 09, 2026

Mail Returned as Undeliverable in re 2 Text Order sent to Petitioner. Reason:Return to Sender. No Addressee. (JHF) (Entered: 04/10/2026)

#14

Apr 17, 2026

Letter filed by ICE Field Office Director, U.S. Department of Homeland Security, Warden re bond hearing. (Khalil, Adam) (Entered: 04/17/2026)

#15

Apr 23, 2026

Mail Returned as Undeliverable. Pro Se Case opening packet, Filing Fee Received, Notice of Availability of Magistrate Judge, sent to Nikoloz Meladze. (DMK) (Entered: 04/23/2026)

#16

Apr 28, 2026

TEXT ORDER. On April 17, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 14). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before May 26, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/28/2026. (EKH)This was mailed to: Petitioner. (Entered: 04/28/2026)

#17

May 27, 2026

TEXT ORDER. On April 8, 2026, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks a bond hearing (Dkt. 11). On April 17, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 14). The Court issued a Text Order on April 28, 2026, directing the parties to inform the Court on or before May 26, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 16). Accordingly, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of Court to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/27/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up (Entered: 05/27/2026)

#18

May 28, 2026

JUDGMENT dismissing any remaining claims in the petition without prejudice and the case is closed. Signed by Clerk on 5/28/26. (JHF)This was mailed to: Petitioner. (Entered: 05/28/2026)

#19

Jun 11, 2026

Mail Returned as Undeliverable in re 18 Judgment sent to Petitioner. Reason: Return to Sender. Refused. Unable to Forward. (JHF) (Entered: 06/11/2026)