Western District of New York • 6:26-cv-06502

#1

May 04, 2026

PETITION for Writ of Habeas Corpus, filed by Nwobodo Ifeanyi Stephen Egbune.(TF) (Entered: 05/05/2026)

#2

May 04, 2026

MOTION for Leave to Proceed in forma pauperis by Nwobodo Ifeanyi Stephen Egbune.(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)

#3

May 05, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in Cunha v. Freden, No. 25-3141-PR, ___ F.4th ___, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226, and not § 1225. The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that constitutional due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025).Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before May 11, 2026, whether, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing pursuant to 8 U.S.C. § 1226(a).Pending a resolution of the petition and because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel, see 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.The Clerk's Office is directed to serve a copy of the petition and this Text 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. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/05/2026. (JKS)This was mailed to: Petitioner.Clerk to Follow up (Entered: 05/05/2026)

#4

May 06, 2026

Letter filed by James Bausch, Todd Blanche, Joseph Freden, Todd Lyons, Markwayne Mullin . (Moar, Daniel) (Entered: 05/06/2026)

#5

May 06, 2026

NOTICE of Appearance of Government Attorney: Daniel Barrie Moar, appearing on behalf of James Bausch, Todd Blanche, Joseph Freden, Todd Lyons, Markwayne Mullin. CLERK TO FOLLOW UP. (Moar, Daniel) (Entered: 05/06/2026)

May 06, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (TF)

#6

May 11, 2026

MOTION to Dismiss by James Bausch, Todd Blanche, Joseph Freden, Todd Lyons, Markwayne Mullin. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Memorandum in Support)(Moar, Daniel) (Entered: 05/11/2026)

#7

May 11, 2026

CERTIFICATE OF SERVICE by James Bausch, Todd Blanche, Joseph Freden, Todd Lyons, Markwayne Mullin re 6 MOTION to Dismiss (Moar, Daniel) (Entered: 05/11/2026)

#8

May 14, 2026

TEXT ORDER re 6 Motion to Dismiss. Responses are due on or before June 4, 2026. The Court will not hold oral argument on the motion, but will decide the motion based on the papers submitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/14/2026. (MGB) (Entered: 05/14/2026)

May 18, 2026

Remark: Clerk mailed a copy of #8 TEXT ORDER to Petitioner. (OEO)

#9

Jun 01, 2026

RESPONSE in Opposition re 6 MOTION to Dismiss filed by Nwobodo Ifeanyi Stephen Egbune. (TF) (Entered: 06/01/2026)

#10

Jun 01, 2026

MOTION to proceed as counsel by Uzo Akpele, Esq. by Nwobodo Ifeanyi Stephen Egbune, Ifeanyi Stephen Egbune Nwobodo. (Attachments: # 1 Envelope)(TF) (Entered: 06/01/2026)

#11

Jun 23, 2026

NOTICE by James Bausch, Todd Blanche, Joseph Freden, Todd Lyons, Markwayne Mullin Notice of Release from Immigration Detention and New Address for Petitioner (Attachments: # 1 Exhibit 1)(Moar, Daniel) (Entered: 06/23/2026)

#12

Jun 23, 2026

CERTIFICATE OF SERVICE by James Bausch, Todd Blanche, Joseph Freden, Todd Lyons, Markwayne Mullin re 11 Notice (Other) (Moar, Daniel) (Entered: 06/23/2026)

#13

Jun 23, 2026

TEXT ORDER. On June 23, 2026, Respondents informed the Court that Petitioner was released from immigration detention pursuant to an Order of Release on Recognizance, which they contend renders the proceeding moot. (Dkt. 11). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before July 14, 2026, either party objects. The Clerk is directed to send a copy of this Text Order to Petitioner at the address provided by Respondents in Docket 11 and by email to Uzo A. Akpele at uzo@credo.law. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/23/2026. (MGB) Clerk to Follow up (Entered: 06/23/2026)

Jun 24, 2026

Clerk mailed a copy of 6/23/2026 Text Order to Petitioner in Atlanta, GA and attempted to email to Uzo A. Akpele came back undeliverable. Mailed a copy to Akpele at 3355 Lenox RoadSte. 600Atlanda, GA 30326 (TF)

#14

Jun 26, 2026

NOTICE of Change of Address by Nwobodo Ifeanyi Stephen Egbune, Ifeanyi Stephen Egbune Nwobodo (address updated). (TF) (Entered: 06/26/2026)