Western District of New York • 6:26-cv-06474

#1

Apr 24, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5803133.), filed by MD Jashim Uddin. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, Notice of Custody Determination, # 3 Exhibit B, Bond, # 4 Exhibit C, NTA, # 5 Exhibit D, Receipt Notice for I-589)(Berger, Aliza) (Entered: 04/24/2026)

#2

Apr 27, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by MD Jashim Uddin 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 while the Court consider the petition. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/27/2026. (ZHM) (Entered: 04/27/2026)

#3

Apr 27, 2026

TEXT ORDER: The petitioner, MD Jashim Uddin, "entered the United States without inspection on or about October 10, 2022." Docket Item 1 ¶ 14. "Shortly thereafter, he was encountered and apprehended by U.S. Customs and Border Protection... and detained. Id. ¶ 15. The Department of Homeland Security "issued a Notice of Custody Determination" approving Uddin's release "under bond in the amount of $3,000," id. ¶ 16, which Uddin paid, id. ¶ 17. He was then released "[o]n or about October 21, 2022," id., and since has lived freely in the United States until being taken into custody on April 20, 2026, id. ¶¶ 21-22. He has submitted an application for asylum and withholding of removal that remains pending. Id. ¶ 19. Uddin has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. See id. In that petition, Uddin alleges that his detention violates his right to due process under the Fifth Amendment. Id. ¶¶ 72-77. He also alleges that the respondents are "unlawfully" detaining him under 8 U.S.C. § 1225(b)(2) and that his detention is actually subject to 8 U.S.C. § 1226. Id. ¶¶ 67-71. 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. Moreover, in Torres Alonzo v. Freden, this Court granted a noncitizen's petition "for the reasons explained in Alvarez Ortiz." See Torres Alonzo, Case No. 25-cv-1172, Docket Item 9. Because the petitioner previously had been released on a monetary bond and the respondents did not identify "any new circumstances that would warrant a hew hearing,... immediate release" was the appropriate remedy in that case. See id. It appears that the holdings of Alvarez Ortiz and Torres Alonzo may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 5/4/2026, 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 either release the petitioner, see Torres Alonzo, Case No. 25-cv-1172, Docket Item 9, 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 alternative to detention, or if setting a bond, the petitioners ability to pay, see Alvarez Ortiz, 808 F. Supp. 3d at 598. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/27/2026. (ZHM) (Entered: 04/27/2026)

Apr 27, 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. (MMG)

Apr 27, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG)