Western District of New York • 1:26-cv-01500

#1

Jul 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5913526.), filed by Htun Min Zaw. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Gozel, Arif) (Entered: 07/23/2026)

#2

Jul 24, 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 Nany v. Blanche et al., No. 1:26-CV-01187-EAW, 2026 WL 1842635, at *4-5 (W.D.N.Y. June 26, 2026); 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 July 30, 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 at which the government bears the burden to demonstrate, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk and at which the immigration judge must consider non-bond alternatives to detention or, if setting a bond, Petitioner's ability to pay.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 07/24/2026. (JKS)Clerk to Follow up (Entered: 07/24/2026)

Jul 24, 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)

Jul 24, 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. 636(c) 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. (KKR)

Jul 24, 2026

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

#3

Jul 29, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Todd Blanche, Thomas Brophy, John Doe, Markwayne Mullin, David J. Venturella. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/29/2026)

#4

Jul 29, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Blanche, Thomas Brophy, John Doe, Markwayne Mullin, David J. Venturella.(Cruz, Chelsea) (Entered: 07/29/2026)

#5

Jul 29, 2026

MEMORANDUM in Support re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Todd Blanche, Thomas Brophy, John Doe, Markwayne Mullin, David J. Venturella. (Attachments: # 1 Declaration of Deportation Officer, # 2 Exhibit A to Declaration)(Cruz, Chelsea) (Entered: 07/29/2026)

#6

Jul 29, 2026

TEXT ORDER re 4 Motion to Dismiss. Responses are due on or before August 12, 2026. Replies are due on or before August 19, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/29/2026. (JKS) (Entered: 07/29/2026)

#7

Aug 07, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5935413.) by Htun Min Zaw. (Attachments: # 1 Supplement Notice of Motion for Pro Hac Vice Appearance, # 2 Supplement Admission Petition Form, # 3 Affidavit Admission Sponsor Affidavit, # 4 Supplement Attorney's Oath, # 5 Supplement Certificate of Good Standing, # 6 Supplement Civility Principles and Guidelines Oath, # 7 Supplement Electronic Case Filing Registration Print)(Gozel, Arif) (Entered: 08/07/2026)

#8

Aug 10, 2026

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice by Luis Angeles. Signed by Hon. Elizabeth A. Wolford on 08/10/2026. (JKS)Clerk to Follow up (Entered: 08/10/2026)

#9

Aug 12, 2026

MEMORANDUM in Opposition re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Htun Min Zaw. (Gozel, Arif) (Entered: 08/12/2026)

#10

Aug 19, 2026

REPLY to Response to Motion re 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Todd Blanche, Thomas Brophy, John Doe, Markwayne Mullin, David J. Venturella. (Cruz, Chelsea) (Entered: 08/19/2026)

#11

Aug 25, 2026

MOTION for Leave to File SUR-REPLY by Htun Min Zaw.(Angeles, Luis) (Entered: 08/25/2026)

#12

Sep 04, 2026

TEXT ORDER granting 11 Motion for Leave to File Sur-Reply. Petitioner may file his proposed sur-reply, currently filed in proposed form at Dkt. 11 pages 7-14, on the docket as a separate filing on before September 10, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/04/2026. (MGB) (Entered: 09/04/2026)

#13

Sep 04, 2026

REPLY/RESPONSE to re 11 MOTION for Leave to File SUR-REPLY, 10 Reply to Response to Motion filed by Htun Min Zaw. (Angeles, Luis) (Entered: 09/04/2026)

#14

Sep 22, 2026

TEXT ORDER The Clerk of Court shall reassign this matter to another judge for all further proceedings. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/22/2026. (LB) (Entered: 09/22/2026)

Sep 22, 2026

DESIGNATION of United States Judge for Service within the Circuit. Case reassigned to Senior Circuit Judge Jon O. Newman. Hon. Elizabeth A. Wolford no longer assigned to the case. (LB)