Western District of New York • 1:26-cv-00974

#1

May 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5826615.), filed by Khasan Kapadze. (Attachments: # 1 Civil Cover Sheet)(Faulkner, Inessa) (Entered: 05/13/2026)

#2

May 14, 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(a), and not § 1225(b)(2). 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 19, 2026, why, 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 5/14/2026. (EKH) Clerk to Follow up (Entered: 05/14/2026)

May 14, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (MMG)

May 14, 2026

Remark: Clerk's Office served a copy of the petition and Text Order Dkt. 2, 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. (DDS)

May 14, 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)

#3

May 18, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/18/2026)

#4

May 18, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,, filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/18/2026)

#5

May 19, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 05/19/2026. (JKS) (Entered: 05/19/2026)

#6

May 27, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin re bond hearing. (Khalil, Adam) (Entered: 05/27/2026)

#7

May 28, 2026

TEXT ORDER. On May 27, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 6). 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 June 4, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/28/2026. (JKS) (Entered: 05/28/2026)

#8

May 28, 2026

MOTION to Enforce Judgment by Khasan Kapadze.(Faulkner, Inessa) (Entered: 05/28/2026)

#9

May 28, 2026

TEXT ORDER re 8 Motion to Enforce. Responses to the motion to enforce are due on or before June 11, 2026. By that date, Respondents are also directed to provide a copy of the bond hearing transcript. Replies are due on or before June 18, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/28/2026. (JKS) (Entered: 05/28/2026)

#10

Jun 11, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin with copy of bond hearing transcript. (Khalil, Adam) (Entered: 06/11/2026)

#11

Jun 11, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin in opposition to Petitioner's motion to enforce. (Khalil, Adam) (Entered: 06/11/2026)

#12

Jun 16, 2026

REPLY to Response to Motion re 8 MOTION to Enforce Judgment filed by Khasan Kapadze. (Faulkner, Inessa) (Entered: 06/16/2026)

#13

Jun 20, 2026

TEXT ORDER granting 8 Motion to Enforce to the extent that Respondents are again directed to provide a bond hearing in accordance with the requirements set forth in the Court's Order entered May 19, 2026. (Dkt. 5 (hereinafter "the Bond Order")). The deadline for compliance is June 30, 2026, and Respondents are directed to provide a status update on or before July 2, 2026.The Court rejects Respondents' jurisdictional and exhaustion arguments, for the same reasons previously articulated in Adejola v. Barr, 439 F. Supp. 3d 120, 126-28 (W.D.N.Y. 2020). Furthermore, based on its review of the hearing transcript, it is apparent that the immigration judge wholly failed to consider alternatives to detention as directed by the Bond Order. Accordingly, the motion to enforce is granted to the extent that Respondents are directed to provide Petitioner with a new bond hearing in accordance with the Bond Order within the timeframes set forth above. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/20/2026. (MGB) (Entered: 06/20/2026)

#14

Jul 02, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin re bond hearing. (Khalil, Adam) (Entered: 07/02/2026)

#15

Jul 02, 2026

TEXT ORDER. On July 2, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 14). 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 10, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/02/2026. (JKS) (Entered: 07/02/2026)

#16

Jul 17, 2026

TEXT ORDER. On May 19, 2026, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks a bond hearing (Dkt. 5). On May 27, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 6). Petitioner filed a motion to enforce the Court's Order dated May 19, 2026 (Dkt. 8), which the Court granted on June 20, 2026, and ordered a second bond hearing (Dkt. 13). On July 2, 2026, Respondents informed the Court that a second bond hearing was held and bond was set. (Dkt. 14). The Court issued a Text Order on July 2, 2026, directing the parties to inform the Court on or before July 10, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 15). Accordingly, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of Court to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/17/2026. (JKS)Clerk to Follow up (Entered: 07/17/2026)

#17

Jul 17, 2026

JUDGMENT in favor of Khasan Kapadze against Markwayne Mullin, Michael Ball, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 7/17/2026. (DDS) (Entered: 07/17/2026)