Western District of New York • 1:26-cv-01282

#1

Jun 22, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5873734.), filed by MAMADOU YERO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 B)(El Nemr, Kareem) (Attachment 1 replaced on 6/23/2026) (MMG). (Entered: 06/22/2026)

#2

Jun 23, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in 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 29, 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 6/23/2026. (EKH)Clerk to Follow up (Entered: 06/23/2026)

#3

Jun 23, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Executive Office for Immigration Review, William Joyce, Todd M. Lyons, Markwayne Mullins, U.S. Department of Homeland Security. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/23/2026)

#4

Jun 23, 2026

Letter filed by Michael Ball, Todd Blanche, Executive Office for Immigration Review, William Joyce, Todd M. Lyons, Markwayne Mullins, U.S. Department of Homeland Security re transfer of Petitioner prior to this Court's Order enjoining same. (Khalil, Adam) (Entered: 06/23/2026)

#5

Jun 23, 2026

TEXT ORDER re: 4 Letter. Petitioner filed his habeas petition on June 22, 2026 (Dkt. 1), which was assigned to the undersigned on June 23, 2026. The Court promptly issued a Text Order on June 23, 2026, which among things, temporarily enjoined Respondents from transferring Petitioner outside of this District pending a resolution of this matter. (Dkt. 2). Respondents now inform the Court that Petitioner was transferred to San Francisco prior to the entry of the Court's Order, and indicate that if the Court orders, ICE will return him to the Western District of New York. The Court does so order, finding that Petitioner's presence in the district is necessary to support the Court's resolution of the issues in the petition, provide Petitioner with access to counsel, and ensure that appropriate Second Circuit standards are applied to the proceedings. Respondents are directed to return Petitioner to the Western District of New York within 7 days from today. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/23/2026. (MGB) (Entered: 06/23/2026)

Jun 23, 2026

E-Filing Notification re 1 First PETITION for Writ of Habeas Corpus: The Court replaced Attachment 1 to flatten the document. (MMG)

Jun 23, 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 23, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 2 Text Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

Jun 23, 2026

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