Southern District of New York • 1:26-cv-07865

#1

Sep 10, 2026

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Wefky Wael Wefky Abdelrahman..(kgo) (Entered: 09/10/2026)

#2

Sep 10, 2026

ORDER: Respondents are ordered to file their response to the pending petition for habeas corpus by September 14, 2026 at 5:00 PM. That briefing should address (1) the basis for petitioner's detention, (2) the circumstances of the arrest, (3) whether petitioner has previously been detained in immigration custody and released (and under what authority), and (4) what process petitioner was given. The Clerk of Court is respectfully directed to send a copy of this order to Jeffrey.Oestericher@usdoj.gov. SO ORDERED. (Signed by Judge Arun Subramanian on 9/10/2026) (sgz) (Entered: 09/10/2026)

Sep 10, 2026

CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see Rule 9.2 of the courts ECF Rules & Instructions for further information..(kgo)

Sep 10, 2026

Case Designated ECF. (kgo)

Sep 10, 2026

Note Regarding Service on Self-Represented Party

Sep 10, 2026

Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (kgo)

#3

Sep 11, 2026

ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Accordingly, within 30 days of the date of this order, Abdelrahman or Vivar must pay the $5.00 filing fee or submit a completed and signed IFP application. If an IFP application is filed, it should be labeled with docket number 26-CV-7865 (AS). If the Court grants the IFP application, this action will proceed without the prepayment of fees. See 28 U.S.C. § 1915(a)(1). If Abdelrahman and Vivar fail to comply with this order within the time allowed, and do not request additional time to respond, the Court will dismiss this action without prejudice to refiling. Because, at this time, the petition makes no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. § 2253. The Court certifies, under 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith and, therefore, IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Court directs the Clerk of Court to mail a copy of this order to Abdelrahman at the address listed on the docket sheet for this action and transmit a copy of this order to Vivar by email to thaniavivar98@gmail.com. Vivar may consent to accept court documents by email, instead of postal mail, by completing the form, Consent to Electronic Service. Filing Fee due by 10/13/2026. In Forma Pauperis (IFP) Application due by 10/13/2026. (Signed by Judge Arun Subramanian on 9/11/2026) (sgz) (Entered: 09/11/2026)

Sep 11, 2026

MAILING RECEIPT: Document No: 2. Mailed to: WefkyWaelWefky Abdelrahman 245-077-712 26 Federal Plaza New York, NY 10278. (nb)

Sep 11, 2026

Mailing Receipt

#4

Sep 14, 2026

Notice of Appearance

#5

Sep 14, 2026

Declaration in Opposition (non-motion)

#6

Sep 14, 2026

Response (non-motion)

#7

Sep 14, 2026

Response (non-motion)

#8

Sep 14, 2026

Certificate of Service Other

Sep 14, 2026

Mailing Receipt

#9

Sep 15, 2026

Order AND ~Util - Set Deadlines

Sep 15, 2026

Pro Se Payment of Fee - Processed

Sep 16, 2026

Mailing Receipt

Sep 18, 2026

Mailing Receipt

#10

Sep 29, 2026

ORDER : The petition for writ of habeas corpus is GRANTED IN PART. The government concedes that Abdelrahman's detention is governed by 8 U.S.C. § 1226(a). Dkt. 7 at 4 ("The position of the Department of Justice is that Petitioner' ;s detention is likely governed by 8 U.S.C. § 1226(a), despite ICE's assertion of authority under § 1225(b)(2)(A)."); see also J.G.O. v. Francis, 2025 WL 3040142, at *5 (S.D.N.Y. Oct. 28, 2025) (holding that similarly situated pet itioner was subject to 8 U.S.C. § 1226(a)). Accordingly, the Government should employ the steps it normally takes, including by conducting a custody determination, completing a Velesaca worksheet, and, if petitioner is denied release, promptly f urnishing petitioner for a bond hearing before an immigration judge. All these steps should be completed within 14 days. The Government should furnish a letter on or before October 13, 2026, informing the Court that it has complied with this order. The Court retains jurisdiction over this matter to ensure compliance. If a bond hearing is held, the Government shall inform the Court of the result and, unless Petitioner is ordered released, shall provide to the Court a transcript of the hearing within two days of it taking place. SO ORDERED. (Signed by Judge Arun Subramanian on 9/29/2026) (sgz)

Sep 30, 2026

Mailing Receipt