Western District of New York • 1:26-cv-02219

#1

Oct 01, 2026

PETITION for Writ of Habeas Corpus, filed by Setara Haidari. (Attachments: # 1 Civil Cover Sheet) (CT) (Entered: 10/01/2026)

#2

Oct 01, 2026

***WITHDRAWN***TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Setara Haidari So that the petitioner can fully participate in these proceedings, the respondents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). If the petitioner was in the Western District of New York at the time the petition was filed but was subsequently transferred prior to this order, the respondents shall return the petitioner to this District as soon as practicable. Travel to facilitate the petitioners voluntary departure does not violate this order.In Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), the Second Circuit held 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. In Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (W.D.N.Y. 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. Additionally, this Court held in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), "that constitutional due process requires the government to bear the burden of proving by clear and convincing evidence that the individual is either a danger to the community or a flight risk even at an initial bond hearing under section 1226(a)." Id. at 598. And in Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), this Court concluded "that both common sense and the words of the statute require parole revocation to be analyzed on a case-by-case basis and that a decision to revoke parole must attend to the reasons an individual [noncitizen] received parole." Id. at 146 (citation and internal quotation marks omitted). It appears that the holdings of Barbosa da Cunha, Alvarez Ortiz, Cabrera Martinez, and/or Mata Velasquez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 10/8/2026, why, in light of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not order that the petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that the 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, the petitioner's ability to pay. Additionally, in Last Name Unknown v. Ball, 2026 WL 2096666, at *4 (W.D.N.Y. July 21, 2026), this Court held that a petitioner whose detention was governed by 8 U.S.C. § 1226(a) was entitled to immediate release when a warrant had not been obtained for his arrest. And in Loaeza v. Bausch, 2026 WL 2150155 (W.D.N.Y. July 27, 2026), Judge Vacca explained that "[w]ithout a valid [Notice to Appear] in place, removal proceedings are not pending, and [the r]espondents have no authority to make an arrest or effectuate detention." Id. at *1-2. Accordingly, to the extent an unlawful arrest is alleged in the petition, the respondents also shall SHOW CAUSE on or before 10/8/2026 why the petitioner is not entitled to immediate release under Last Name Unknown and/or Loaeza, including providing a copy of any warrant or Notice to Appear that the respondents say was issued. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/1/2026. (WTW) This was mailed to: The Petitioner.Chambers emailed a copy of this text order and the petition to usanyw-immigration-habeas@usdoj.gov. Modified on 10/1/2026 (WTW). (Entered: 10/01/2026)

#3

Oct 01, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Setara Haidari Mohammad Nader Hosaini is a civil immigration detainee currently held at the Buffalo Federal Detention Facility. See Docket Item 1. Someone named Setara Haidari submitted a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on Hoisanis behalf. See id. An "[a]pplication for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting [o]n his behalf." 28 U.S.C. § 2242. "When the petition is brought by a person other than the one seeking relief, the 'next friend' must demonstrate that he or she has standing to act on the person's behalf." Chinnery by Connally Bey v. Spano, 2023 WL 316534, at *1 (S.D.N.Y. Jan. 19, 2023). Without such standing, a court does not have jurisdiction to hear the petition. See Morais Filho on behalf of Moros v. Bondi, 2026 WL 61958, at *1 (S.D.N.Y. Jan. 8, 2026); see also Wang v. City of New York, 2009 WL 705966, at *1 (E.D.N.Y. Mar. 16, 2009) ("When the application for habeas corpus filed by a would[-]be next friend does not set forth an adequate reason or explanation of the necessity for resort to the next friend device, the court is without jurisdiction to consider the petition." (alteration, citation, and internal quotation marks omitted)). "There are two prerequisites for next friend standing: (1) the next friend 'must provide an adequate explanation... why the real party in interest cannot appear on his [or her] own behalf to prosecute the action'; and (2) the next friend 'must be truly dedicated to the best interests of the person on whose behalf he [or she] seeks to litigate' and must 'have some significant relationship with the real party in interest.'" Iza by Iza v. Larocco, 814 F. Supp. 3d 357, 370 (E.D.N.Y. 2026) (quoting Whitmore v. Arkansas, 495 U.S. 149, 163-64 (1990)).Haidari has not demonstrated that he or she has standing to act of Hosaini's behalf. Therefore, in order to proceed as Hosaini's next friend, on or before 10/8/2026, Haidari must submit an affidavit or other supporting evidence demonstrating why Hosaini "cannot appear on his... own behalf to prosecute the action," that Haidari is "truly dedicated to the best interests of" Hosaini, and that they have "some significant relationship." See id. Moreover, whenever an individual submits a petition for a writ of habeas corpus, the individual must either (a) pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or (b) submit a motion to proceed in forma pauperis ("IFP"). As required by statute, an immigration detainee that seeks to proceed IFP must submit an affidavit or affirmation detailing the petitioner's assets and liabilities and swearing under oath the petitioner is unable to pay the filing fee. See 28 U.S.C. § 1915(a)(1); see also id. § 1915(h) (noting that Prison Litigation Reform Act's other requirements for proceeding IFP only apply to a "prisoner... accused of, convicted of, sentenced for, or adjudicated delinquent for... violations of criminal law"). The petitioner has not paid the $5.00 filing fee or submitted a motion to proceed IFP. Therefore, on or before 10/8/2026, Hosaini or Haidari, acting as his next friend, must pay the filing fee or submit a motion to proceed IFP. The Court will consider the petition only if (1) it finds that Haidari has satisfied the prerequisites for next friend standing and (2) it receives the filing fee or a properly supported motion to proceed IFP. The prior text order this Court issued, Docket Item 2, is hereby WITHDRAWN. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/1/2026. (WTW)This was mailed to: The Petitioner. (Entered: 10/01/2026)

#4

Oct 01, 2026

Remark: Civil cover sheet has been updated to include petitioner's full name as previous cover sheet only listed Next Friend. (CT) (Entered: 10/01/2026)

Oct 01, 2026

Filing fee: $ 5, receipt number 600002005. (CT)

Oct 01, 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. Clerk provided to "Next Friend," at the counter, the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (CT)