Western District of New York • 6:25-cv-06774

#1

Dec 16, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5656174.), filed by Mohamedou Hamoud. (Attachments: # 1 Civil Cover Sheet)(Urena, Rafael) (Entered: 12/16/2025)

#2

Dec 16, 2025

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. 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 23, 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. In addition, the Court temporarily enjoins Respondents 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 12/16/2025. (MGB)Clerk to Follow up (Entered: 12/16/2025)

Dec 16, 2025

Clerk regenerated 2 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)

Dec 16, 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. (CGJ)

Dec 16, 2025

Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (CGJ)

#3

Dec 17, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 12/17/2025)

#4

Dec 18, 2025

REPLY/RESPONSE to re 2 Text Order, filed by Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 12/18/2025)

#5

Dec 18, 2025

ORDER granting 1 Petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 12/18/2025. (MGB)

#6

Dec 22, 2025

STATUS REPORT by Mohamedou Hamoud. (Urena, Rafael) (Entered: 12/22/2025)

#7

Dec 22, 2025

TEXT ORDER re: 6 Status Report. The Court construes Petitioner's status report filed December 22, 2025 (Dkt. 6), as a motion to enforce the Court's December 18, 2025 Order (Dkt. 5). Responses to the motion to enforce are due on or before December 30, 2025. Respondents are directed to provide a copy of the audio recording file from the bond hearing, if one exists, before the Immigration Judge with their response and shall then submit the written transcript as soon as practicable thereafter but in no event later than January 5, 2026. Respondents are further advised that if the Court concludes that its Order was not complied with, it will likely order Petitioner's release unless Respondents can establish some valid reason it should not do so. 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 12/22/2025. (MGB). (Entered: 12/22/2025)

#8

Dec 30, 2025

Letter filed by Todd Lyons, Kristi Noem responding to motion to enforce bond hearing order (ECF No 5). (Khalil, Adam) (Entered: 12/30/2025)

#9

Jan 05, 2026

Letter filed by Todd Lyons, Kristi Noem re extension of time to obtain transcript of bond hearing. (Khalil, Adam) (Entered: 01/05/2026)

#10

Jan 05, 2026

TEXT ORDER granting 9 Letter Request for Extension of Time. Respondents advise that they require additional time to obtain a written transcript from the bond hearing. The request is granted. The transcript shall be filed on or before January 12, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/05/2026. (MGB) (Entered: 01/05/2026)

#11

Jan 07, 2026

Letter filed by Todd Lyons, Kristi Noem re upcoming release and mootness of motion to enforce. (Khalil, Adam) (Entered: 01/07/2026)

#12

Jan 07, 2026

TEXT ORDER. On December 18, 2025, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks a bond hearing (Dkt. 5). On December 22, 2025, Petitioner informed the Court that a bond hearing was held, but argued that the Immigration Judge violated the Court's order by failing to consider Petitioner's ability to pay the bond amount. (Dkt. 6). The Court construed Petitioner's status update as a motion to enforce the Court's order and directed Respondents to provide the audio file from the bond hearing (Dkt. 7), which they have done. On January 7, 2026, Respondents informed the Court that Petitioner posted bond and will be released. (Dkt. 11). Based on the information contained in Respondents' letter, the matters raised in the motion to enforce (Dkt. 6) appear to be moot. Similarly, in light of Petitioner's release, the Court also views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before January 14, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/07/2026. (JKS) (Entered: 01/07/2026)