Western District of New York • 1:26-cv-00768

#1

Apr 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5795753.), filed by Daqing LIU. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(Chen, Chuangchuang) (Entered: 04/19/2026)

#2

Apr 19, 2026

MOTION for Temporary Restraining Order by Daqing LIU.(Chen, Chuangchuang) (Entered: 04/19/2026)

Apr 19, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (LB)

#3

Apr 20, 2026

ORDER denying 2 Motion for TRO for the reasons stated in the attached order. 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. Respondents shall show cause within 14 days of the date of this order why Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, and Petitioner shall have 7 days after service of Respondents' return to file a written response. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/20/2026. (MVP)Clerk to Follow up (Entered: 04/20/2026)

Apr 20, 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. (ARS)

Apr 21, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 2 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TMK)

#4

May 01, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Markwayne Mullin, U.S. Department of Homeland Security, Warden of Buffalo Service Processing Center. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/01/2026)

#5

May 01, 2026

REPLY/RESPONSE to re 3 Order on Motion for TRO,, filed by Markwayne Mullin, U.S. Department of Homeland Security, Warden of Buffalo Service Processing Center. (Khalil, Adam) (Entered: 05/01/2026)

#6

May 12, 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 5/12/2026. (MVP) (Entered: 05/12/2026)

#7

May 21, 2026

Letter filed by Markwayne Mullin, U.S. Department of Homeland Security, Warden of Buffalo Service Processing Center re bond hearing. (Khalil, Adam) (Entered: 05/21/2026)

#8

May 21, 2026

TEXT ORDER: On May 21, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 7 . The Court views the issues raised by 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. Meredith A. Vacca on 5/21/2026. (KSP) (Entered: 05/21/2026)

#9

Jun 01, 2026

TEXT ORDER: On May 21, 2026, the Court directed that any remaining objections be filed by the parties. Having received no objections, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of the Court to close the case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/1/2026. (KSP)Clerk to Follow up (Entered: 06/01/2026)

#10

Jun 02, 2026

JUDGMENT in favor of Daqing Liu against U.S. Department of Homeland Security, Warden of Buffalo Service Processing Center, Markwayne Mullin. Signed by Andrew W. Moeller, Clerk of Court on 6/2/2026. (TME) (Entered: 06/02/2026)