Western District of New York • 1:26-cv-01173

#1

Jun 09, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5857771.), filed by Giorgi Kapanadze. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Notice to Appear, # 3 Exhibit ICE Detainee Locator, # 4 Exhibit Immigration Court Notice of Internet-Based Hearing)(Haroutunian, Vano) (Entered: 06/09/2026)

#2

Jun 09, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5858003.) by Giorgi Kapanadze. (Attachments: # 1 Exhibit Certificate of good standing from U.S. District Court for the Southern District Court of New York, # 2 Exhibit Certificate of good standing from New York Court of Appeals)(Haroutunian, Vano) (Entered: 06/09/2026)

#3

Jun 09, 2026

MOTION waiver of local counsel requirement by Giorgi Kapanadze. (Attachments: # 1 Text of Proposed Order)(Haroutunian, Vano) (Entered: 06/09/2026)

#4

Jun 10, 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 16, 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 06/10/2026. (JKS)Clerk to Follow up (Entered: 06/10/2026)

Jun 10, 2026

Clerk emailed 1 Petition and 4 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

Jun 10, 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)

Jun 10, 2026

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

Jun 10, 2026

E-Filing Notification: 2 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing a Notice of Motion form. Filer should submit this using Continuation of Exhibits event. Also, for future reference, an attorney seeking Pro hac vice admission should not be opening cases online nor e-filing when Motion to appear Pro hac vice has not yet been granted. (ARS)

#5

Jun 16, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Markwayne Mullin, Philip L. Rhoney, David J. Venturella, Warden. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 06/16/2026)

#6

Jun 16, 2026

REPLY/RESPONSE to re 4 Text Order,,,,,,,,,,,, filed by Markwayne Mullin, Philip L. Rhoney, David J. Venturella, Warden. (Cruz, Chelsea) (Entered: 06/16/2026)

#7

Jun 16, 2026

TEXT ORDER re 2 Motion to Appear Pro Hac Vice. Petitioner's counsel submitted a motion to appear pro hac vice in this action shortly after filing the petition. The Clerk's office noted on the docket that the filing lacked a notice of motion. The Court observes that the motion also lacks an Admission Sponsor Affidavit, as required by this District's Local Rules of Civil Procedure. See Loc. R. Civ. P. 83.1(d). Due to the nature of the allegations in the petition, the Court ordered Respondents to respond to the petition before the pro hac vice motion was granted (Dkt. 4) with the expectation that a procedurally compliant motion would be forthcoming from Petitioner's counsel. Such a motion has not been submitted. The Court therefore directs Petitioner's counsel to file a procedurally compliant pro hac vice motion on or before June 18, 2026. Failure to comply with this directive may result in the dismissal of the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/16/2026. (JKS) (Entered: 06/16/2026)

#8

Jun 20, 2026

MOTION for Extension of Time to File Admission Sponsor Affidavit and Corrected Pro Hac Vice Motion Out of Time, or in the Alternative, to Waive Sponsor Affidavit Requirement re 7 Text Order by Giorgi Kapanadze. (Attachments: # 1 Exhibit Notice of Motion)(Haroutunian, Vano) (Entered: 06/20/2026)

#9

Jun 23, 2026

TEXT ORDER granting in part and denying in part 8 Motion for Extension of Time. Petitioner's motion for an extension of time (Dkt. 8) is granted to the extent it seeks an extension of time to submit a procedurally compliant motion seeking pro hac vice admission. To proceed in this matter, Petitioner's counsel is required to file a pro hac vice motion that complies with this District's local rules. The deadline to submit a pro hac vice application is extended to June 25, 2026. Upon such submission, the Court will determine in its discretion whether to waive the local counsel requirement. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/23/2026. (JKS) (Entered: 06/23/2026)

#10

Jun 25, 2026

CONTINUATION OF EXHIBITS to 2 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5858003.) Corrected Pro Hac Vice Application Materials Pursuant to June 23, 2026 Text Order. (Attachments: # 1 Notice of Motion, # 2 Exhibit Exhibit A PHV Admission Petition Materials, # 3 Exhibit Exhibit B SDNY Certificate, # 4 Exhibit Exhibit C NY Certificate, # 5 Text of Proposed Order)(Haroutunian, Vano) (Entered: 06/25/2026)

#11

Jun 29, 2026

TEXT ORDER granting 2 Motion to Appear Pro Hac Vice; 3 Motion for Waiver of Local Counsel Requirement. Based on the representations made by Petitioner's counsel and the nature of the underlying proceeding, the Court exercises its discretion and waives the local counsel requirement pursuant to Loc. R. Civ. P. 83.2(a)(1) and the Admission Sponsor Affidavit required for pro hac vice admission set forth at Loc. R. Civ. P. 83.1(b) and grants Vano Haroutunian permission to appear pro hac vice in this action. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/29/2026. (JKS)Clerk to Follow up (Entered: 06/29/2026)

#12

Jun 29, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 06/29/2026. (JKS) (Entered: 06/29/2026)

#13

Jul 09, 2026

NOTICE by Markwayne Mullin, Philip L. Rhoney, David J. Venturella, Warden re 12 Order (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 07/09/2026)

#14

Jul 09, 2026

TEXT ORDER. On July 9, 2026, Respondents informed the Court that a bond hearing was held before an immigration judge. (Dkt. 13). The order of the immigration judge indicates that Petitioner was released on bond before the bond hearing ordered by the Court was held. (Id.). 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 16, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/09/2026. (JKS) (Entered: 07/09/2026)

#15

Jul 17, 2026

TEXT ORDER. On June 29, 2026, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks a bond hearing (Dkt. 12). On July 9, 2026, Respondents informed the Court that Petitioner was released on bond before the bond hearing ordered by the Court was held. (Dkt. 13). The Court issued a Text Order on July 9, 2026, directing the parties to inform the Court on or before July 16, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 14). 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)

#16

Jul 17, 2026

JUDGMENT in favor of Giorgi Kapanadze against Warden, David J. Venturella, Markwayne Mullin, Philip L. Rhoney. Signed by Andrew W. Moeller, Clerk of Court on 7/17/2026. (CGJ) (Entered: 07/17/2026)