Western District of New York • 1:26-cv-00769

#1

Apr 19, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5795821.), filed by Nusret Haliloglu. (Attachments: # 1 Exhibit 1 Declaration of E H, # 2 Civil Cover Sheet)(Moffa, Matthew) (Attachment 2 replaced on 4/20/2026) (ARS). (Entered: 04/19/2026)

Apr 20, 2026

E-Filing Notification: 1 PETITION for Writ of Habeas Corpus, filed by Nusret Haliloglu. (Attachments: # 2 Civil Cover Sheet) Clerk flattened and replaced Attachment 2. (ARS) (ARS)

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 20, 2026

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

#2

Apr 22, 2026

ORDER TO SHOW CAUSE that Respondents show cause within 14 days of the date of this Order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted. Petitioner shall have seven (7) days after service of Respondents' return to file a written response. Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 4/22/2026. (CGJ) (Entered: 04/22/2026)

Apr 22, 2026

Clerk emailed 1 Petition and 2 Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

#3

Apr 27, 2026

CERTIFICATE OF SERVICE by Nusret Haliloglu re 1 Petition for Writ of Habeas Corpus, (Moffa, Matthew) (Entered: 04/27/2026)

#4

Apr 27, 2026

MOTION for Temporary Restraining Order by Nusret Haliloglu. (Attachments: # 1 Memorandum of Law in Support, # 2 Declaration of Matthew J. Moffa in Support, # 3 Exhibit A to the Declaration of Matthew J. Moffa in Support - REDACTED, # 4 Exhibit B to the Declaration of Matthew J. Moffa in Support - REDACTED, # 5 Declaration of Nusret Haliloglu in Support, # 6 Proposed Order)(Moffa, Matthew) (Entered: 04/27/2026)

#5

Apr 27, 2026

MOTION to Expedite Consideration by Nusret Haliloglu. (Attachments: # 1 Proposed Order)(Moffa, Matthew) (Entered: 04/27/2026)

#6

Apr 27, 2026

TEXT ORDER granting 5 to the extent of an expedited briefing schedule for Petitioner's motion for a temporary restraining order. Respondents shall file a response on or before April 29, 2026. Petitioner may file a reply, if any, on or before April 30, 2026. Upon review of the papers, the Court will determine if a hearing is necessary and, if so, will issue a separate order scheduling the hearing. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/27/2026. (MVP)This was emailed to counsel for Respondents on 4/27/2026. (Entered: 04/27/2026)

#7

Apr 27, 2026

MOTION to appear pro hac vice of Maria Trubetskaya ( Filing fee $ 200 receipt number ANYWDC-5806554.) by Nusret Haliloglu. (Attachments: # 1 Admission Petition Form, # 2 Admission Sponsoring Affidavit, # 3 Attorney's Oath, # 4 Civility Principles Oath, # 5 Attorney Database and Electronic Case Filing Registration Form)(Moffa, Matthew) (Entered: 04/27/2026)

#8

Apr 28, 2026

TEXT ORDER granting 7 Motion for Pro Hac Vice for Maria Trubetskaya. Signed by Hon. Meredith A. Vacca on 4/28/2026. (KSP) (Entered: 04/28/2026)

#9

Apr 29, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 04/29/2026)

#10

Apr 29, 2026

REPLY/RESPONSE to re 6 Order on Motion to Expedite,, 2 Order to Show Cause,, filed by James Bausch, Todd Blanche, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 04/29/2026)

#11

Apr 30, 2026

REPLY/RESPONSE to re 1 Petition for Writ of Habeas Corpus, 4 MOTION for Temporary Restraining Order filed by Nusret Haliloglu. (Moffa, Matthew) (Entered: 04/30/2026)

#12

May 05, 2026

NOTICE by Nusret Haliloglu re 4 MOTION for Temporary Restraining Order Notice of Supplemental Facts and Renewed Request for Temporary Restraining Order (Attachments: # 1 Exhibit A - Notice of Custody Determination)(Moffa, Matthew) (Entered: 05/05/2026)

#13

May 06, 2026

TEXT ORDER denying 4 MOTION for Temporary Restraining Order and granting 1 PETITION for a writ of habeas corpus to the extent that Respondents shall conduct a bond hearing under 8 U.S.C. § 1226(a). On April 19, 2026, Petitioner filed a Petition for a Writ of Habeas Corpus contending that he is being unlawfully detained and that he is entitled to release. ECF No. 1. In addition to seeking a writ of habeas corpus, Petitioner filed a motion for a temporary restraining order ("TRO") seeking to enjoin Respondents from transferring him outside of the Western District of New York, removing him from the United States, and continuing to detain him. ECF No. 4. Respondents filed a response to the TRO motion and petition on April 29, 2026, conceding that this case shared a common question of law with the Court's decision in 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. ECF No. 10. 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. In reply, Petitioner argues that Respondents failed to address his specific contentions but asserts, among other things, that "[t]he Court should accept Respondents' concession and apply § 1226(a)." ECF No. 11 at 13. The Court agrees and finds that Petitioner is subject to detention under § 1226(a). See, e.g., Barry v. Freden, No. 25-CV-6803-MAV, 2026 WL 230012, at *1, *2 (W.D.N.Y. Jan. 28, 2026) (finding § 1226(a) applicable to a petitioner who was "abruptly" apprehended after finishing a shift at work); Da Cunha, 2025 WL 3280575, at *2, *7. Accordingly, the Court hereby ORDERS that Respondents shall provide Petitioner with a bond hearing before an Immigration Judge within ten (10) days of the date of this Order. The Court directs that the initial bond hearing shall be provided "as established by existing federal regulations." Da Cunha, 2025 WL 3280575, at *7 (quoting Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)). 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 5/6/2026. (MVP) (Entered: 05/06/2026)

#14

May 18, 2026

Letter filed by James Bausch, Todd Blanche, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/18/2026)

#15

May 19, 2026

TEXT ORDER: On May 18, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 14 . 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 26, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/19/2026. (KSP) (Entered: 05/19/2026)

#16

May 25, 2026

Letter filed by Nusret Haliloglu re Request to Grant Declaratory Relief on Counts II, III, and IV. (Attachments: # 1 Certificate of Service)(Trubetskaya, Maria) (Entered: 05/25/2026)

#17

May 26, 2026

Letter filed by James Bausch, Todd Blanche, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re Petitioner's request for declaratory relief. (Khalil, Adam) (Entered: 05/26/2026)

#18

Jun 05, 2026

ORDER. For the reasons discussed in the attached order, the Court finds good cause to decline to exercise jurisdiction under the Declaratory Judgment Act to award declaratory relief in this action. Accordingly, the petition is dismissed without prejudice to Petitioner's pursuit of his constitutional claims in a separate civil action. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 06/05/2026. (JCL)Clerk to Follow up (Entered: 06/05/2026)

#19

Jun 08, 2026

JUDGMENT dismissing petition without prejudice. Signed by Andrew W. Moeller, Clerk of Court on 6/8/2026. (CGJ) (Entered: 06/08/2026)