Western District of New York • 1:26-cv-01099

#1

May 29, 2026

Emergency PETITION for Writ of Habeas Corpus and Incorporated Memorandum of Law ( Filing fee $ 5 receipt number ANYWDC-5845698.), filed by Trong Quy Nguyen.(Tills, Stephen) (Entered: 05/29/2026)

May 29, 2026

E-Filing Notification: 1 Emergency PETITION for Writ of Habeas Corpus. Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (ARS)

#2

Jun 01, 2026

CONTINUATION OF EXHIBITS by Trong Quy Nguyen. Civil Cover Sheet filed by Trong Quy Nguyen. (Tills, Stephen) (Entered: 06/01/2026)

#3

Jun 01, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 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 June 5, 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 6/1/2026. (EKH)Clerk to Follow up (Entered: 06/01/2026)

Jun 01, 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. (ARS)

Jun 01, 2026

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

Jun 01, 2026

Clerk emailed 1 Petition and 3 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

#4

Jun 04, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/04/2026)

#5

Jun 16, 2026

TEXT ORDER. On June 1, 2026, the Court entered a Text Order directing the government to show cause on or before June 5, 2026, why the petition (Dkt. 1) should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing. (Dkt. 3). To date, the Court has received no response from the government. Accordingly, on or before June 18, 2026, the government shall file an explanation regarding its failure to comply with the Cout's deadline and explain whether, in light of that failure, the Court should order Petitioner's immediate release. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/16/2026. (EKH) (Entered: 06/16/2026)

#6

Jun 16, 2026

MOTION for Extension of Time to File Response/Reply as to 3 Text Order,,,,,,,,,,,, by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Declaration of Adam Khalil, # 2 Memorandum in Support)(Khalil, Adam) (Entered: 06/16/2026)

#7

Jun 16, 2026

REPLY/RESPONSE to re 3 Text Order,,,,,,,,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/16/2026)

#8

Jun 16, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney addressing immediate release. (Khalil, Adam) (Entered: 06/16/2026)

#9

Jun 17, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 6/17/2026. (EKH)Clerk to Follow up (Entered: 06/17/2026)

#10

Jun 26, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re bond hearing. (Khalil, Adam) (Entered: 06/26/2026)

#11

Jun 26, 2026

TEXT ORDER. On June 26, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 10). 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. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/26/2026. (MGB) (Entered: 06/26/2026)

#12

Jul 13, 2026

TEXT ORDER. On June 17, 2026, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks a bond hearing (Dkt. 9). On June 26, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 10). The Court issued a Text Order on June 26, 2026, directing the parties to inform the Court on or before July 7, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 11). 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 07/13/2026. (EKH)Clerk to Follow up (Entered: 07/13/2026)

#13

Jul 14, 2026

JUDGMENT in favor of Trong Quy Nguyen against David Venturella, Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court on 7/14/2026. (CGJ) (Entered: 07/14/2026)