Western District of New York • 6:25-cv-06698

#1

Nov 21, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5635939.), filed by Falilou Sy. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 11/21/2025)

Nov 24, 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. (CGJ)

Nov 24, 2025

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

#2

Nov 26, 2025

TEXT ORDER. Petitioner Falilou Sy, a citizen of Guinea, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 21, 2025, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). Petitioner seeks, among other things, a writ of habeas corpus requiring that Respondents release him unless they provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days. ECF No. 1 at 12-13. 28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Further, in light of the Court's prior orders on this issue, including its Decision and Order granting relief in Da Cunha v. Freden et al., 25-CV-6532, at ECF No. 31, Respondents are hereby: 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, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-ImmigrationHabeas@usdoj.gov; and it is further ORDERED that 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. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless 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," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/26/2025. (MVP)Clerk to Follow up (JHF). (Entered: 11/26/2025)

Nov 26, 2025

Clerk regenerated 1 Petition and 2 Text Order electronically sent via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-ImmigrationHabeas@usdoj.gov. (JHF)

#3

Dec 01, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 12/01/2025)

#4

Dec 02, 2025

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,, filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 12/02/2025)

#5

Dec 03, 2025

TEXT ORDER granting 1 Petitioner's request for a bond hearing before an immigration judge.On November 21, 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) Modified on 12/3/2025 to correct typo (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)