Western District of New York • 6:25-cv-06687

#1

Nov 20, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5634329.), filed by Cheikhna Moussa Diallo. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 11/20/2025)

Nov 21, 2025

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. (TMK)

Nov 21, 2025

Case Assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (TMK)

#2

Nov 26, 2025

ORDER. Respondents are ordered to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted. The Petitioner shall have 7 days after service of Respondents' return to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. The Respondents shall refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 11/25/2025. (Attachments: # 1 Complaint)Clerk electronically sent a copy of this Order and Complaint to United States Attorney's Office, Western District of New York at USANYW-ImmigrationHabeas@usdoj.gov. (DMK) (Entered: 11/26/2025)

#3

Nov 26, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 11/26/2025)

#4

Dec 01, 2025

REPLY/RESPONSE to re 2 Order,,, filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 12/01/2025)

#5

Dec 03, 2025

TEXT ORDER granting 1 Petitioner's request for a bond hearing before an immigration judge.On November 20, 2025, Petitioner filed a petition for writ of habeas corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) because he has not been, and will not be, provided with a bond hearing as required by law. See ECF No. 1 at 10-12. Respondents submitted an abbreviated response contending that Petitioner is lawfully detained without a bond hearing pursuant to 8 U.S.C. § 1225 but acknowledged that the Court's prior rulings would dictate granting Petitioner's request for a bond hearing. See ECF No. 4 at 1-3 (citing Da Cunha v. Freden, 25-CV-06532-MAV, ECF No. 25 (W.D.N.Y. Oct. 20, 2025)).The Court agrees that Da Cunha is controlling. See 6:25-cv-06532, ECF No. 31. For the reasons stated therein and in a forthcoming written decision, the Court concludes that Petitioner is being detained under 8 U.S.C. § 1226(a). Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. § 1226(a) (stating that non-citizens detained under 8 U.S.C. § 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. § 1236.1(d)(1); 8 C.F.R. 1003.19(a) ("Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236."). If such bond hearing is not conducted within ten (10) days of the date of this text order, Petitioner shall be released from custody. Respondents shall file a status report no later than December 15, 2025, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody, in compliance with this text order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/3/2025. (MVP) (Entered: 12/03/2025)

#6

Dec 09, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 12/09/2025)