Western District of New York • 1:26-cv-01187

#1

Jun 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5859602.), filed by Mohamed Salem Nany. (Attachments: # 1 Civil Cover Sheet)(Faulkner, Inessa) (Entered: 06/10/2026)

#2

Jun 10, 2026

MOTION for Temporary Restraining Order by Mohamed Salem Nany.(Faulkner, Inessa) (Entered: 06/10/2026)

#3

Jun 11, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus; 2 Motion for Temporary Restraining Order. 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 17, 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).In addition, the Court grants the motion for a temporary restraining order to the extent that Respondents are temporarily enjoined from transferring Petitioner outside this District 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 06/11/2026. (JKS)Clerk to Follow up (Entered: 06/11/2026)

Jun 11, 2026

Remark: Clerk served a copy of the petition via email 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. (DDS)

Jun 11, 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. (TF)

Jun 11, 2026

Case assigned to Hon. Elizabeth A. Wolford. (TF)

#4

Jun 12, 2026

ORDER TO SHOW CAUSE. Hearing set for June 17, 2026, at 10:00 a.m. in US Courthouse, 100 State Street, Rochester NY 14614. Signed by Hon. Elizabeth A. Wolford on 06/12/2026. (MGB) (Entered: 06/12/2026)

#5

Jun 15, 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: 06/15/2026)

#6

Jun 15, 2026

REPLY/RESPONSE to re 3 Text Order,,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,,, filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/15/2026)

#7

Jun 15, 2026

Letter filed by Mohamed Salem Nany . (Faulkner, Inessa) (Entered: 06/15/2026)

#8

Jun 17, 2026

Letter filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re lack of Form I-286 in ICE's records. (Khalil, Adam) (Entered: 06/17/2026)

#9

Jun 17, 2026

TEXT ORDER memorializing deadlines set at June 17, 2026 order to show cause hearing. For the reasons discussed on the record, including but not limited to the fact that Petitioner's presence in the district is necessary to support the Court's resolution of the issues in the petition, Petitioner was in transit at the time the Court's temporary restraining order was entered, and in order to ensure that appropriate Second Circuit standards are applied, Respondents are directed to return Petitioner to the Western District of New York within 7 days from today. The Court notes that Respondents have already complied with the Court's directive to provide the Court with an update on the provision of Form I-286 to Petitioner. (Dkt. 8). In addition, as will be set forth in a more robust decision, within 7 days from Petitioner's return to the Western District of New York and in no event later than 14 days from today, Respondents are directed to provide Petitioner with a bond hearing before an immigration judge with the burden on the government to establish dangerousness or flight risk by clear and convincing evidence. In deciding whether the government has met its burden of proof, the immigration judge must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in Petitioner's continued detention. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/17/2026. (MGB) (Entered: 06/17/2026)

#10

Jun 17, 2026

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Inessa Faulkner, Esq., via video, on behalf of petitioner; Adam A. Khalil, AUSA on behalf of respondents. Show Cause Hearing held on 6/17/2026. Petitioner is ordered to be returned to this district/NYS within 7 days for reasons as stated on the record. In addition, it is ordered that within 7 days from Petitioner's return to the WDNY, and not later than 14 days from this appearance date, a bond hearing be held. Respondent is also directed to immediately look into issue of Petitioner's notice as discussed on the record and file a response regarding same within 48 hours. (Court Reporter Karen Clark.) (DPS) (Entered: 06/18/2026)

#11

Jun 23, 2026

Letter filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney confirming Petitioner's return to WDNY. (Khalil, Adam) (Entered: 06/23/2026)

#12

Jun 24, 2026

MOTION to Enforce Judgment by Mohamed Salem Nany. (Attachments: # 1 Memorandum in Support)(Faulkner, Inessa) (Entered: 06/24/2026)

#13

Jun 24, 2026

RESPONSE in Opposition re 12 MOTION to Enforce Judgment filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/24/2026)

#14

Jun 24, 2026

TEXT ORDER denying 12 Emergency Motion to Enforce and Clarify as moot. In his motion, Petitioner seeks clarification that he will obtain a bond hearing in New York and that any proceedings conducted in Louisiana do not satisfy the Court's June 17, 2026 Text Order. He further requests that the Louisiana bond proceedings be cancelled, vacated, or transferred to the Immigration Judge having jurisdiction over Petitioner's detention in New York. Respondents contend that the motion is premature and confirm that Petitioner will receive a bond hearing in New York and that EOIR is transferring venue of Petitioner's bond proceedings to the Western District of New York. (Dkt. 13). Accordingly, the relief sought in Petitioner's motion is denied as moot. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/24/2026. (MGB) (Entered: 06/24/2026)

#15

Jun 26, 2026

DECISION AND ORDER directing Petitioner's return to the Western District of New York and granting petition 1 to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 06/26/2026. (MGB)Clerk to Follow up