Western District of New York • 6:25-cv-06756

#1

Dec 11, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5653233.), filed by Saif Aldin Ahmed Ali Abdalgbar. (Attachments: # 1 Civil Cover Sheet)(Urena, Rafael) (Entered: 12/11/2025)

#2

Dec 11, 2025

MOTION for Temporary Restraining Order by Saif Aldin Ahmed Ali Abdalgbar. (Attachments: # 1 Text of Proposed Order)(Urena, Rafael) (Entered: 12/11/2025)

#3

Dec 11, 2025

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus; 2 Motion for Temporary Restraining Order. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), finding that noncitizens who are present in the United States without having been admitted or paroled are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before December 18, 2025, 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. Petitioner's motion for a temporary restraining order is granted to the extent that Respondents are hereby temporarily enjoined from transferring Petitioner outside this District pending a resolution of the petition 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."). 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.Further, 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 12/11/2025. (MGB)Clerk to Follow up (Entered: 12/11/2025)

Dec 11, 2025

Case assigned Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. Case was opened as under Buffalo case number 25-cv-1353 and transferred to Rochester case number 25-cv-6756. (LB)

Dec 12, 2025

Clerk regenerated 3 Text Order and emailed copy of 1 Petition to United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

#6

Dec 15, 2025

ORDER granting 1 Petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 12/15/2025. (MGB)