Western District of New York • 6:26-cv-06503

#1

May 04, 2026

PETITION for Writ of Habeas Corpus, filed by Chun Yan.(TF) (Entered: 05/05/2026)

May 04, 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. (TF)

May 04, 2026

Filing fee: $ 5.00, receipt number 100009522. (TF)

#2

May 07, 2026

ORDER TO SHOW CAUSE re 1 PETITION for Writ of Habeas Corpus. Signed by Hon. Meredith A. Vacca on 5/7/2026. (Attachments: # 1 Petition)(TF)This was mailed to: Petitioner. (Entered: 05/07/2026)

#3

May 21, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Scott Przepasniak, # 3 Exhibit A, # 4 Certificate of Service)(Moar, Daniel) (Entered: 05/21/2026)

#4

May 26, 2026

RESPONSE to Motion re 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Chun Yan. (JHF) (Entered: 05/26/2026)

#5

Jun 22, 2026

NOTICE by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Kristi Noem Notice of Order of Removal (Attachments: # 1 Exhibit 1)(Moar, Daniel) (Entered: 06/22/2026)

#6

Jul 27, 2026

STATUS REPORT by Chun Yan. (TF) (Entered: 07/27/2026)

#7

Jul 29, 2026

TEXT ORDER granting 3 and dismissing the petition 1 without prejudice.Petitioner was arrested and detained by Respondents on March 20, 2026, and he has not yet received a bond hearing. ECF Nos. 1, 4. Respondents found Petitioner inadmissible pursuant to 8 U.S.C. § 1182(a)(6)(A)(i) and 8 U.S.C. § 1182(a)(7)(A)(i)(II). ECF No. 3-1 at 6. Prior to his arrest, Petitioner was charged with grand larceny. ECF No. 3-2 at ¶¶ 7-9. The Court finds that Petitioner's detention is governed by 8 U.S.C. § 1226(c). 8 U.S.C. § 1226(c); see Lopez Cruz v. Jamison, No. CV 26-2278-KSM, 2026 WL 1257329, at *4 (E.D. Pa. May 7, 2026) (recognizing that the Laken Riley Act mandates detention for those who are arrested or charged with an applicable crime at the time of their immigration detention); Cobis-Gamboa v. Warden, No. 2:26-CV-00658-DC-CKD (HC), 2026 WL 819162, at *2 (E.D. Cal. Mar. 25, 2026) (denying motion for a temporary restraining order where "Petitioner's charge for grand larceny subjects him to mandatory detention under § 1226(c)(1)(E)(ii)."). Detention under § 1226(c) is mandatory and does not afford detainees bond hearings as a matter of course. Compare 8 U.S.C. § 1226(c), with 8 U.S.C. § 1226(a). As of the date of this Order, Petitioner has been in Respondents' custody for approximately four months, therefore, any claim of prolonged detention without a bond hearing in violation of constitutional due process is premature. See Black v. Decker, 103 F.4th 133 (2024) (holding that "a noncitizen's constitutional right to due process precludes... unreasonably prolonged detention under section 1226(c) without a bond hearing" and ordering a bond hearing with the burden on the government where petitioner had been detained for seven months without one).Petitioner did not address his detention under § 1226(c) in his pro se habeas petition or in his reply to Respondents' motion to dismiss. ECF Nos. 1, 4. The arguments and claims raised by Petitioner do not establish any entitlement to relief under 28 U.S.C. § 2241. Accordingly, Respondents' motion to dismiss the petition, ECF No. 3, is GRANTED, and the petition, ECF No. 1, is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to enter judgment in favor of Respondents and close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/29/26. (NWA)Clerk to Follow up (Entered: 07/29/2026)

#8

Jul 30, 2026

JUDGMENT in favor of Respondents' against Chun Yan. Signed by Clerk of Court on 7/30/2026. (TF)This was mailed to: Petitioner. (Entered: 07/30/2026)