Western District of New York • 6:25-cv-06803

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Dec 19, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5662052.), filed by Abdoulaye Barry. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Certificate of Service)(Berger, Aliza) (Entered: 12/19/2025)

Dec 22, 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 22, 2025

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

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Dec 23, 2025

TEXT ORDER TO SHOW CAUSE: Petitioner Abdoulaye Barry, a native of Guinea, filed the instant petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 19, 2025, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). He seeks a writ of habeas corpus requiring - among other things - that Respondents release him or provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF No. 1. 28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." In light of the Court's prior orders on this issue, including its decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575, (W.D.N.Y. Nov. 25, 2025), Respondents are hereby ORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further,ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with a copy of this 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; and it is furtherORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response.Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless 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," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is furtherORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/23/2025. (JCL)Clerk to Follow up (Entered: 12/23/2025)