Western District of New York • 6:26-cv-06566

#1

May 21, 2026

PETITION for Writ of Habeas Corpus, filed by Bradley Compere. (Attachments: # 1 Civil Cover Sheet Envelope, # 2 Envelope)(DMK) (Entered: 05/21/2026)

#2

May 21, 2026

MOTION for Leave to Proceed in forma pauperis by Bradley Compere. (DMK) (Entered: 05/21/2026)

#3

May 21, 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 27, 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 5/21/2026. (EKH) This was mailed to: Petitioner.Clerk to Follow up (Entered: 05/21/2026)

May 21, 2026

Clerk emailed a copy of 1 Petition and #3 Text order to USANYW-Immigration-Habeas@usdoj.gov. (DMK)

May 21, 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. (DMK)

#4

May 27, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/27/2026)

#5

May 27, 2026

REPLY/RESPONSE to re 3 Text Order, filed by Michael Ball. (Khalil, Adam) (Entered: 05/27/2026)

#6

May 27, 2026

CERTIFICATE OF SERVICE by Michael Ball re 5 Reply/Response (Khalil, Adam) (Entered: 05/27/2026)

#7

May 27, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 5/27/2026. (EKH)This was mailed to: Petitioner. (Entered: 05/27/2026)

#8

Jun 03, 2026

Letter filed by Michael Ball re bond hearing. (Khalil, Adam) (Entered: 06/03/2026)

#9

Jun 03, 2026

CERTIFICATE OF SERVICE by Michael Ball re 8 Letter (Khalil, Adam) (Entered: 06/03/2026)

#10

Jun 09, 2026

TEXT ORDER. On June 3, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 8). 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 7, 2026, either party objects. In addition, Respondents allege that Petitioner filed an additional petition in Bradley v. Blanche, 26-cv-6587, that should be denied as moot or duplicative. (26-cv-6587, Dkt. 4). If Petitioner objects to the closure of case 26-cv-6587, he must inform the Court by July 7, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/09/2026. (EKH)This was mailed to: Petitioner. (Entered: 06/09/2026)

#11

Jun 26, 2026

MOTION to Enforce by Bradley Compere. (JHF) (Entered: 06/26/2026)

#12

Jun 26, 2026

TEXT ORDER re 11 Motion to Enforce. Responses are due on or before July 10, 2026. By that date, Respondents are directed to provide a copy of the bond hearing transcript. 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 06/26/2026. (MGB) (Entered: 06/26/2026)

Jun 26, 2026

Remark: Clerk mailed a copy of #12 TEXT ORDER to Petitioner. (OEO)

#13

Jun 29, 2026

MEMORANDUM in Support re 11 MOTION to Enforce filed by Bradley Compere. (JHF) (Entered: 06/29/2026)

#14

Jul 06, 2026

Letter filed by Michael Ball with copy of bond hearing transcript. (Khalil, Adam) (Entered: 07/06/2026)

#15

Jul 07, 2026

CERTIFICATE OF SERVICE by Michael Ball re 14 Letter (Khalil, Adam) (Entered: 07/07/2026)

#16

Jul 10, 2026

Letter filed by Michael Ball re Petitioner's Motion to Enforce. (Khalil, Adam) (Entered: 07/10/2026)

#17

Jul 10, 2026

TEXT ORDER granting 11 Motion to Enforce. Respondents acknowledge that the motion to enforce should be granted to the extent it seeks an Order for a new bond hearing because the immigration judge failed to meaningfully consider Petitioner's ability to pay when setting a bond amount, as was ordered by the Court. (Dkt. 16). Based on this concession, the Court grants the motion to enforce (Dkt. 11) to the extent it seeks a new bond hearing. Petitioner is granted a bond hearing before an immigration judge to occur on or before July 17, 2026. The bond hearing shall comply with the terms set forth in the Court's Order entered on May 27, 2026 (Dkt. 7). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/10/2026. (EKH)This was mailed to: Petitioner. (Entered: 07/10/2026)

#18

Jul 17, 2026

NOTICE of Appearance by Vilena Ramini on behalf of Bradley Compere (Ramini, Vilena) (Entered: 07/17/2026)

#19

Jul 20, 2026

STATUS REPORT (bond hearing order) by Michael Ball. (Khalil, Adam) (Entered: 07/20/2026)

#20

Jul 21, 2026

TEXT ORDER. On July 20, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 19). 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 28, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/21/2026. (EKH) (Entered: 07/21/2026)

#21

Aug 06, 2026

TEXT ORDER. On July 10, 2026, the Court granted Petitioner's motion to enforce and ordered that Petitioner receive a new bond hearing. (Dkt. 17). On July 20, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 19). The Court issued a Text Order on July 21, 2026, directing the parties to inform the Court on or before July 28, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 20). 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 8/6/2026. (EKH)Clerk to Follow up (Entered: 08/06/2026)

#22

Aug 06, 2026

JUDGMENT in favor of Bradley Compere against Michael Ball. Signed by Clerk on 8/6/26. (JHF) (Entered: 08/06/2026)