Western District of New York • 6:26-cv-06427

#1

Apr 13, 2026

EMERGENCY PETITION for Writ of Habeas Corpus, filed by Daston Davlatboev. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(DMK) (Entered: 04/13/2026)

#2

Apr 13, 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 20, 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 4/13/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up (Entered: 04/13/2026)

Apr 13, 2026

Filing fee: $ 5.00, receipt number 100009357, received 4/13/2026. (DMK)

Apr 13, 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (DMK)

Apr 14, 2026

Clerk emailed a copy of 1 Petition and 2 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (DMK)

#3

Apr 15, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pam Bondi, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 04/15/2026)

#4

Apr 15, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,,,,, filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 04/15/2026)

#5

Apr 15, 2026

CERTIFICATE OF SERVICE by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re 3 Notice of Appearance, 4 Reply/Response (Khalil, Adam) (Entered: 04/15/2026)

#6

Apr 16, 2026

Order granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 4/16/2026. (EKH)This was mailed to: Petitioner. (Entered: 04/16/2026)

#7

Apr 27, 2026

Letter filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re adjournment of bond hearing at Petitioner's request. (Khalil, Adam) (Entered: 04/27/2026)

#8

Apr 27, 2026

CERTIFICATE OF SERVICE by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re 7 Letter (Khalil, Adam) (Entered: 04/27/2026)

#9

Apr 29, 2026

Letter filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 04/29/2026)

#10

Apr 29, 2026

CERTIFICATE OF SERVICE by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re 9 Letter (Khalil, Adam) (Entered: 04/29/2026)

#11

Apr 30, 2026

TEXT ORDER. On April 29, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 10). 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 28, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/30/2026. (EKH) This was mailed to: Petitioner. (Entered: 04/30/2026)

#12

May 29, 2026

MOTION to Enforce Order by Daston Davlatboev. (Attachments: # 1 Exhibit, # 2 Envelope) (JHF) (Entered: 05/29/2026)

#13

Jun 02, 2026

TEXT ORDER re: 12 Motion to Enforce. Responses to the motion to enforce are due on or before June 16, 2026. By that date, Respondents are also directed to provide a copy of the bond hearing transcript. The Court will not hold oral argument on the motion, but will decide the motion based on the papers submitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/2/2026. (EKH)This was mailed to: Petitioner. (Entered: 06/02/2026)

#14

Jun 11, 2026

Letter filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem with transcript of bond hearing. (Khalil, Adam) (Entered: 06/11/2026)

#15

Jun 11, 2026

CERTIFICATE OF SERVICE by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re 14 Letter (Khalil, Adam) (Entered: 06/11/2026)

#16

Jun 11, 2026

Response in Opposition to 12 Motion to Enforce Order filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem (Khalil, Adam) Modified docket text on 6/11/2026 (DMK). (Entered: 06/11/2026)

#17

Jun 11, 2026

CERTIFICATE OF SERVICE by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re 16 Letter (Khalil, Adam) (Entered: 06/11/2026)

Jun 11, 2026

E-Filing Notification: 16 Response in Opposition to 12 Motion to Enforce Order. Incorrect event used to electronically file document. For future reference, use Response and Replies event. No action required. Clerk updated docket text. (DMK)

#18

Jun 20, 2026

TEXT ORDER denying 12 Motion to Enforce. On May 29, 2026, Petitioner filed a motion to enforce judgment (Dkt. 12) arguing that the Immigration Judge ("IJ") did not appropriately consider the evidence at the bond hearing in accordance with the Court's April 16, 2026 Order (see Dkt. 6). In reviewing Petitioner's motion to enforce, "it is important to emphasize that the Court's task is narrow: it is to determine whether Respondent complied with the Decision and Order, not to review the hearing evidence de novo[.]" Apollinaire v. Barr, No. 19-CV-6285-FPG, 2019 WL 4023560, at *3 (W.D.N.Y. Aug. 27, 2019); see Gutierrez Cupido v. Barr, No. 19-CV-6367-FPG, 2020 WL 103477, at *3 (W.D.N.Y. Jan. 9, 2020) (same); Nguti v. Sessions, No. 16-CV-6703, 2017 WL 5891328, at *2 (W.D.N.Y. Nov. 29, 2017) ("In reviewing the government's compliance with the May 2, 2017 order, this Court is careful not to overstep its bounds and set aside an immigration judge's bond determination on discretionary or evidentiary grounds."). Upon careful review of the bond hearing transcript (Dkt. 14), along with Petitioner's papers in support of the motion (Dkt. 12) and Respondents' opposition (Dkt. 16), the Court does not find that the IJ failed to comply with its Order. Because it is not the Court's job to substitute judgment for the IJ, the motion to enforce is denied. The Court views the issues raised by the petition as now resolved and directs the Clerk's Office to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/20/2026. Clerk to Follow up Modified on 6/20/2026 (MGB). (Entered: 06/20/2026)

#19

Jun 22, 2026

JUDGMENT closing the case. Signed by Clerk on 6/22/26. (JHF)This was mailed to: Petitioner. (Entered: 06/22/2026)

Jun 22, 2026

Remark: Clerk mailed a copy of #18 TEXT ORDER to Petitioner. (OEO)