Western District of New York • 1:26-cv-01545

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5919472.), filed by EKRAM UDDIN KHAN. (Attachments: # 1 Civil Cover Sheet)(O'Dwyer, Paul) (Entered: 07/28/2026)

#2

Jul 29, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ekram Uddin Khan.So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents are enjoined from transferring the petitioner to any district outside the Western District of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/29/2026. (DDC) (Entered: 07/29/2026)

Jul 29, 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. (MMG)

Jul 29, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG)

#3

Jul 30, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ekram Uddin Khan. Virtual Status Conference set for 7/31/2026 at 11:45 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/30/2026. (CMD) (Entered: 07/30/2026)

#4

Jul 31, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 7/31/2026. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Based on AUSA Khalil's recommendation, the Court will issue an OTSC returnable today for response, as stated. Appearances. For petitioner: Paul O'Dwyer. For respondents: AUSA Adam Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 07/31/2026)

#5

Jul 31, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ekram Uddin Khan.Under 8 C.F.R. § 236.1(c)(9), "[w]hen a[ noncitizen] who, having been arrested and taken into custody, has been released, such release may be revoked at any time in the discretion of the district director, acting district director, deputy district director, assistant district director for investigations, assistant district director for detention and deportation, or officer in charge (except foreign), in which event the [noncitizen] may be taken into physical custody and detained." The petitioner, Ekram Uddin Khan, "was... released from [the Department of Homeland Security's] custody on his own recognizance." Docket Item 1 ¶ 24. But when he appeared for a regularly scheduled check-in with ICE, "he was told that his release on recognizance was being revoked," and that decision "was not made by the district director, acting district director, deputy district director, assistant district director for investigations, assistant district director for detention and deportation, or officer in charge." Id. ¶ 27. The Court held a status conference on 7/31/2026, at which the government conceded that Khan's release was not revoked in compliance with section 236.1(c)(9). Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE by 8/3/2026, why Khan should not be released under his prior order of release. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/31/2026. (DDC) (Entered: 07/31/2026)

#6

Jul 31, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Lyons, Tammy Marich, Markwayne Mullins. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/31/2026)

#7

Jul 31, 2026

REPLY/RESPONSE to re 5 Text Order,,,,,, filed by Todd Lyons, Tammy Marich, Markwayne Mullins. (Khalil, Adam) (Entered: 07/31/2026)

#8

Jul 31, 2026

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus filed by Ekram Uddin Khan. Earlier today, this Court issued a show cause order directing the respondents to show cause "why Khan should not be released under his prior order of release" based on ICE's failure to comply with 8 C.F.R. § 236.1(c)(9). Docket Item 5. In response, the respondents "confirm[ed] that a review of ICE records does not reveal that any cancellation of [Khan]'s order of recognizance occurred prior to his being taken into custody, as required by 8 C.F.R. § 236.1(c)(9)." Docket Item 7 (some capitalization omitted). Therefore, the respondents conceded, they could not "show cause why [Khan] should not be released, other than to re-raise prior arguments that the proper remedy in such a situation is to grant a bond hearing so that a neutral arbiter can determine whether [the p]etitioner presents a risk of flight or danger to the community before he is released." Id. The Court greatly appreciates the respondents' candor and effort to promote judicial efficiency. Based on the respondents' concession that ICE did not comply with 8 C.F.R. § 236.1(c)(9) in revoking Khan's order of recognizance, the Court finds that he is entitled to immediate release. See Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 166 (W.D.N.Y. 2025) (this Court's holding that "because ICE did not follow its own regulations in deciding to re-detain [the petitioner], his due process rights were violated and he [wa]s entitled to release"). The respondents therefore must release Khan on his prior order of recognizance within 24 hours of this order and shall file a status report indicating their compliance with this order by 8/3/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/31/2026. (RFI) (Entered: 07/31/2026)

#9

Aug 03, 2026

Letter filed by Todd Lyons, Tammy Marich, Markwayne Mullins re release. (Khalil, Adam) (Entered: 08/03/2026)

#10

Aug 04, 2026

TEXT ORDER re 9 Letter filed by Tammy Marich, Markwayne Mullins, Todd Lyons.The respondents have filed a letter, Docket Item 9, indicating that the petitioner was released in accordance with this Court's order, Docket Item 8. If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before the Court within 14 days, the Clerk of the Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/4/2026. (DDC)Clerk to Follow up (Entered: 08/04/2026)

#11

Aug 18, 2026

JUDGMENT in favor of Ekram Uddin Khan against Markwayne Mullins, Tammy Marich, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 8/18/2026. (DDS) (Entered: 08/18/2026)