Western District of New York • 6:25-cv-06734

#1

Dec 04, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5645823.), filed by NDEILE Yakhoub.(Doebler, Anne) (Entered: 12/04/2025)

#2

Dec 04, 2025

MOTION for Temporary Restraining Order by NDEILE Yakhoub.(Doebler, Anne) (Entered: 12/04/2025)

Dec 04, 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. (JLH)

Dec 04, 2025

Case originally assigned to the Buffalo office. Case is assigned to Hon. Meredith A. Vacca in the Rochester office and the new case number is 25-cv-6734. All future docketing should be entered on the new case number. (JLH)

#3

Dec 05, 2025

ORDER denying without prejudice 2 Motion for TRO. Respondents directed to show cause within 10 days of the date of this order why the Petitioner's relief should not be granted. Petitioner shall have 3 days after service of Respondent's return to file a written answer. The Court will determine if an evidentiary hearing is warranted. Respondents will refrain from transferring Petitioner out of the U.S. until after the Court determines if a evidentiary hearing is warranted. Clerk shall serve a copy of 1 petition by email and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>. Signed by Hon. Meredith A. Vacca on 12/5/25. (JHF) (Entered: 12/05/2025)

Dec 05, 2025

Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. (JHF)

#4

Dec 08, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, David Kurtzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 12/08/2025)

#5

Dec 08, 2025

REPLY/RESPONSE to re 3 Order on Motion for TRO, filed by Pamela Bondi, Joseph Freden, David Kurtzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 12/08/2025)

#6

Dec 11, 2025

REPLY/RESPONSE to re 5 Reply/Response TO RESPONDENTS RESPONSE TO ORDER TO SHOW CAUSE filed by Ndeile Yakhoub. (Doebler, Anne) (Entered: 12/11/2025)

#7

Jan 08, 2026

TEXT ORDER granting Petitioner's request for a bond hearing before an Immigration Judge.On December 4, 2025, Petitioner, filed a petition for writ of habeas corpus and motion for a temporary restraining order ("TRO"), arguing, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) as he was denied his request for an individualized bond hearing by an Immigration Judge. ECF Nos. 1 and 2. The Court denied Petitioner's motion for a TRO and ordered that Respondents show cause within 10 days as to why the petition should not be granted. ECF No. 3. Respondents filed a response on December 8, conceding that this case shared a common question of law with the Court's decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), and that the Court's resolution of the question in Da Cunha controlled the results in the instant case should the Court adhere to its prior reasoning. ECF No. 5. In Da Cunha, the Court considered whether a petitioner who had been present in the country for a period of years and was not actively seeking lawful entry through inspection by an immigration officer was detained under 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(a). The Court found that the petitioner was detained under 8 U.S.C. § 1226(a) and was therefore "entitled to a bond hearing 'at the outset of detention' as established by existing federal regulations." Da Cunha, 2025 WL 3280575, at *7 (quoting Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)).As noted, Respondents concede that the facts of this case squarely implicate a legal issue that this Court has ruled on previously. The Court finds that its reasoning in Da Cunha applies to the instant matter, and that the statutory basis for Petitioner's detention is 8 U.S.C. § 1226(a). Accordingly, Petitioner's petition for a writ of habeas corpus is GRANTED to the extent that Respondents shall conduct a bond hearing within ten (10) days of the date of this Order. If such bond hearing is not conducted within ten (10) days of the date of this Order, Petitioner shall be released from custody. Respondents shall file a status report no later than January 23, 2026, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody in compliance with this Order. The Clerk of Court is directed to enter judgment in favor of Petitioner. SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/8/26. (NWA)Clerk to Follow up Modified on 1/8/2026 (NWA). (Entered: 01/08/2026)

#8

Jan 09, 2026

JUDGMENT in favor of Ndeile Yakhoub against David Kurtzdorfer, Joseph Freden, Kristi Noem, Pamela Bondi, Todd Lyons. Signed by Clerk on 1/9/26. (JHF) (Entered: 01/09/2026)