Western District of New York • 1:26-cv-00752

#1

Apr 16, 2026

PETITION for Writ of Habeas Corpus, filed by Albert Vagapov. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(TMK) (Entered: 04/16/2026)

#2

Apr 16, 2026

MOTION for Temporary Restraining Order by Albert Vagapov. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Proposed TRO) (TMK) (Entered: 04/16/2026)

#3

Apr 16, 2026

TEXT ORDER re 2 MOTION for Temporary Restraining Order filed by Albert Vagapov, 1 Petition for Writ of Habeas Corpus filed by Albert Vagapov 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 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. And in Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), this Court concluded "that both common sense and the words of the statute require parole revocation to be analyzed on a case-by-case basis and that a decision to revoke parole must attend to the reasons an individual [noncitizen] received parole." Id. at 146 (citation and internal quotation marks omitted). It appears that the holding of Cabrera Martinez or Mata Velasquez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 4/23/2026 why, in light of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner, see Mata Velasquez, 794 F. Supp. 3d at 154, or 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, see Cabrera Martinez, 2025 WL 3771228, at *15.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/16/2026. (ZHM)This was mailed to: the petitioner. (Entered: 04/16/2026)

Apr 16, 2026

Filing fee: $ 5.00, receipt number 100009391 (TMK)

Apr 16, 2026

Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, and a civil case timeline. (TMK)

Apr 16, 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. (TMK)

#4

Apr 21, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Warden, Buffalo Federal Detention Facility (Khalil, Adam) (Entered: 04/21/2026)

#5

Apr 21, 2026

REPLY/RESPONSE to re 3 Text Order,,,,,,,, filed by Warden, Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 04/21/2026)

#6

Apr 21, 2026

CERTIFICATE OF SERVICE by Warden, Buffalo Federal Detention Facility re 5 Reply/Response, 4 Notice of Appearance (Khalil, Adam) (Entered: 04/21/2026)

#7

Apr 21, 2026

TEXT ORDER: On April 16, 2026, this Court ordered the respondents to show cause why, in light of this Court's decisions in Cabrera Martinez v. Marich, --- F.Supp.3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 2025), and Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), "(1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner... or 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 3 (citations omitted). In response, the "[r]espondents acknowledge[d] that this Court's prior ruling [in Cabrera Martinez] concern[ed] a similar challenge to the government policy or practice at issue in this case, and if the Court follows that prior ruling, it would control the result in this case." Docket Item 5 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 Cabrera Martinez, 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 4/29/2026, 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. The petitioner's motion for a temporary restraining order, Docket Item 2, is DENIED as moot. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/21/2026. (ZHM)This was mailed to: the petitioner. (Entered: 04/21/2026)

#8

Apr 29, 2026

Letter filed by Warden, Buffalo Federal Detention Facility re bond hearing. (Khalil, Adam) (Entered: 04/29/2026)

#9

Apr 29, 2026

CERTIFICATE OF SERVICE by Warden, Buffalo Federal Detention Facility re 8 Letter (Khalil, Adam) (Entered: 04/29/2026)

#10

Apr 30, 2026

TEXT ORDER re 8 Letter filed by Warden, Buffalo Federal Detention Facility The respondents have filed a letter, Docket Item 8, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 7, 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 30 days of this order. If the petitioner does not show cause why issues remain before this Court within 30 days, the Clerk of Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/30/2026. (ZHM)This was mailed to: the petitioner.Clerk to Follow up (Entered: 04/30/2026)

#11

May 06, 2026

Petitioners Response to re 10 Text Order, filed by Albert Vagapov. (Attachments: # 1 Petitioner's TRO Motion, # 2 Declaration in Support of TRO, # 3 Memorandum in Support, # 4 Envelope) (TME) (Entered: 05/06/2026)

#12

May 08, 2026

TEXT ORDER re 11 Reply/Response filed by Albert Vagapov. After this Court ordered a bond hearing for the pro se petitioner, Albert Vagapov, Docket Item 7, such a hearing was conducted but an Immigration Judge denied release, see Docket Item 8. This Court then issued an order requiring Vagapov to show cause why this case should not be closed, and in response, he filed what appears to be another habeas corpus petition, Docket Item 11, and a motion for a temporary restraining order, Docket Item [11-1]. In those submissions, Vagapov argues that the bond hearing he received following this Court's 4/21/2026 order, Docket Item 7, "violated" that order, see Docket Item 11 at 2, and "was constitutionally deficient," Docket Item [11-1] at 3. Vagapov also requests his immediate release. Id. at 8. In light of the arguments made by Vagapov and the relief that he requests, the Court construes his submissions as a motion to enforce this Court's 4/21/2026 order. The respondents shall file a response by 5/15/2026, and Vegapov may reply by 5/25/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/8/2026. (RFI)This was mailed to: the petitioner. (Entered: 05/08/2026)

#13

May 15, 2026

Letter filed by Warden, Buffalo Federal Detention Facility in opposition to motion to enforce. (Khalil, Adam) (Entered: 05/15/2026)

#14

May 20, 2026

CERTIFICATE OF SERVICE by Warden, Buffalo Federal Detention Facility re 13 Letter (Khalil, Adam) (Entered: 05/20/2026)