Western District of New York • 1:26-cv-00679

#1

Apr 06, 2026

PETITION for Writ of Habeas Corpus, filed by Soumaida Boubacar. (CGJ) (Entered: 04/07/2026)

#2

Apr 07, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Soumaida Boubacar.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 4/14/2026, 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. Moreover, whenever an individual submits a petition for a writ of habeas corpus, the individual must either (a) pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or (b) submit a motion to proceed in forma pauperis ("IFP"). As required by statute, an immigration detainee that seeks to proceed IFP must submit an affidavit or affirmation detailing the petitioner's assets and liabilities and swearing under oath the petitioner is unable to pay the filing fee. See 28 U.S.C. § 1915(a)(1); see also id. § 1915(h) (noting that Prison Litigation Reform Act's other requirements for proceeding IFP only apply to a "prisoner... accused of, convicted of, sentenced for, or adjudicated delinquent for... violations of criminal law"). Here, Boubacar did not pay the $5.00 filing fee, nor did she submit a motion to proceed IFP. Despite this deficiency, in light of the serious issues raised in Boubacar's petition, the Court deems it appropriate to proceed with this show cause order. Any decision on Boubacar's petition based on the government's response, however, is conditioned on Boubacar submitting either a motion to proceed in forma pauperis or paying the $5.00 filing fee. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/7/2026. (DDC)This was mailed to: the plaintiff. (Entered: 04/07/2026)

Apr 07, 2026

No Motion to Proceed In Forma Pauperis or Filing Fee received. (CGJ)

Apr 07, 2026

Remark: Petitioner has been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge and a Civil Case Timeline. (CGJ)

#3

Apr 13, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Warden of Buffalo Federal Detention Facility (Khalil, Adam) (Entered: 04/13/2026)

#4

Apr 13, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,,, filed by Warden of Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 04/13/2026)

Apr 13, 2026

Filing fee received: $5.00, receipt number 100009365 (CGJ)

#5

Apr 14, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Soumaida Boubacar. On 4/7/2026, 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. Moreover, this Court conditioned "[a]ny decision on Boubacar's petition based on the government's response... on Boubacar submitting either a motion to proceed in forma pauperis or paying the $5.00 filing fee." See Docket Item 2 ; see also 28 U.S.C. §§ 1914(a), 1915(a)(1). Boubacar has since paid the $5.00 filing fee. 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 4/22/2026, 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 4/14/2026. (DDC)This was mailed to: the petitioner. (Entered: 04/14/2026)

#6

Apr 14, 2026

CERTIFICATE OF SERVICE by James Bausch re 3 Notice of Appearance, 4 Reply/Response (Khalil, Adam) (Entered: 04/14/2026)

#7

Apr 22, 2026

Letter filed by James Bausch, Warden of Buffalo Federal Detention Facility re bond hearing. (Khalil, Adam) (Entered: 04/22/2026)

#8

Apr 22, 2026

CERTIFICATE OF SERVICE by James Bausch, Warden of Buffalo Federal Detention Facility re 7 Letter (Khalil, Adam) (Entered: 04/22/2026)

#9

Apr 23, 2026

TEXT ORDER re 7 Letter filed by Warden of Buffalo Federal Detention Facility, James Bausch.The respondents have filed a letter, Docket Item 7, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, and that the petitioner was ordered released on bond. 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 4/23/2026. (DDC)This was mailed to: the petitioner.Clerk to Follow up (Entered: 04/23/2026)

#10

May 07, 2026

Mail Returned as Undeliverable. 9 Text Order sent to Soumaida Boubacar (CGJ) (Entered: 05/07/2026)

#11

May 07, 2026

Mail Returned as Undeliverable. 5 Text Order sent to Soumaida Boubacar (CGJ) (Entered: 05/07/2026)

#12

May 08, 2026

JUDGMENT in favor of Soumaida Boubacar against Warden of Buffalo Federal Detention Facility, James Bausch. Signed by Andrew W. Moeller, Clerk of Court on 5/8/2026. (CGJ)This was mailed to: Petitioner. (Entered: 05/08/2026)

#13

Jun 01, 2026

Mail Returned as Undeliverable. 12 Judgment sent to Petitioner (CGJ) (Entered: 06/01/2026)