Southern District of Mississippi • 5:26-cv-00907

#1

Sep 04, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5974220.), filed by Mohammed Segue. (Attachments: # 1 Civil Cover Sheet)(Urena, Rafael) [Transferred from New York Western on 10/5/2026.] (Entered: 09/04/2026)

#2

Sep 08, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Mohammed Segue.So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, 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 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 9/15/2026, 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 9/15/2026 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 9/8/2026. Chambers emailed a copy of this text order and the petition to usanyw-immigration-habeas@usdoj.gov. (DDC) [Transferred from New York Western on 10/5/2026.] (Entered: 09/08/2026)

Sep 08, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG) [Transferred from New York Western on 10/5/2026.]

Sep 08, 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. (MMG) [Transferred from New York Western on 10/5/2026.]

#3

Sep 11, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Buffalo Federal Detention Facility in Batavia, Todd Lyons, Markwayne Mullin. CLERK TO FOLLOW UP. (Khalil, Adam) [Transferred from New York Western on 10/5/2026.] (Entered: 09/11/2026)

#4

Sep 11, 2026

STIPULATION to Transfer by Todd Blanche, Buffalo Federal Detention Facility in Batavia, Todd Lyons, Markwayne Mullin. (Khalil, Adam) [Transferred from New York Western on 10/5/2026.] (Entered: 09/11/2026)

#5

Oct 02, 2026

TEXT ORDER re 4 Stipulation filed by Buffalo Federal Detention Facility in Batavia, Markwayne Mullin, Todd Blanche, Todd Lyons. The parties' stipulation is so ordered. The Clerk of Court shall transfer this matter to Southern District of Mississippi. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/2/2026. (WTW) Clerk to Follow up [Transferred from New York Western on 10/5/2026.] (Entered: 10/02/2026)

#6

Oct 05, 2026

Case transferred in from District of New York Western; Case Number 1:26-cv-01923. Original file certified copy of transfer order and docket sheet received. (Entered: 10/05/2026)

#7

Oct 05, 2026

***ERROR***DISREGARD THIS ENTRY. Notice of Assignment mailed to plaintiff at address on docket. (cwl) (Entered: 10/05/2026)

#8

Oct 05, 2026

Letter sent to (Rafael Nicolas Urena, Esq) on (10-5-2026) requesting PHV motion, proposed order and fee. (cwl) (Entered: 10/05/2026)

#9

Oct 05, 2026

Letter sent to Adam A. Khalil, Esq. on 10/05/2026 regarding the Federal Government Attorney admission process in the U.S. District Court for the Southern District of Mississippi. (cwl) (Entered: 10/05/2026)

#10

Oct 09, 2026

Order To Answer Federal 2241 (Adams CCC) AND ~Util - Add and Terminate Parties