Western District of New York • 6:26-cv-06155

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus, filed by Abdalazeez Mohame Hamza Basil. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (JHF) (Entered: 02/05/2026)

#2

Feb 05, 2026

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. In addition, this Court issued Decision and Orders in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226, and not § 1225. The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo, 2025 WL 3290694, at *4-5. In deciding whether the government has met their burden of proof, the IJ must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in continued detention and if the IJ finds that the government has not met this burden, then in setting any bond the IJ must consider ability to pay and alternative conditions of release. Id.Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before February 12, 2026, whether, 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 02/05/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up (Entered: 02/05/2026)

Feb 05, 2026

Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)

Feb 05, 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. 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. (JHF)

Feb 05, 2026

Filing fee received: $5.00, receipt number 100008902. (JHF)

Feb 06, 2026

Clerk regenerated 2 Text Order and emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

#3

Feb 09, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 02/09/2026)

#4

Feb 09, 2026

REPLY/RESPONSE to re 2 Text Order, filed by Buffalo Federal Detention Facility. (Muller, Marvin) (Entered: 02/09/2026)

#5

Feb 09, 2026

ORDER directing Respondent's answer to the petition within 21 days of this order. Petitioner shall have 14 days upon receipt of answer to file a response. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Elizabeth A. Wolford on 02/09/2026. (EKH)This was mailed to: Petitioner. Modified on 2/10/2026 (EKH). (Entered: 02/09/2026)

#6

Mar 24, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Buffalo Federal Detention Facility. (Attachments: # 1 Memorandum in Support)(Muller, Marvin) (Entered: 03/24/2026)

#7

Mar 24, 2026

TEXT ORDER. On February 9, 2026, the Court issued an order directing Respondent to file an answer to the petition within 21 days. (Dkt. 5). On March 24, 2026—well outside the 21-day deadline—Respondent filed a motion to dismiss (Dkt. 6) without addressing why it failed to comply with the Court's deadline. Accordingly, Respondent is directed to explain, on or before March 27, 2026, why it did not comply with the Court's February 9, 2026 order and did not address that issue in its motion to dismiss. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/24/2026. (EKH)This was mailed to: Petitioner. (Entered: 03/24/2026)

#8

Mar 24, 2026

REPLY/RESPONSE to re 7 Text Order, filed by Buffalo Federal Detention Facility. (Muller, Marvin) (Entered: 03/24/2026)

#9

Mar 24, 2026

SCHEDULING ORDER. Petitioner shall respond to Respondent's motion to dismiss on or before April 21, 2026. Respondent may file a reply on or before April 28, 2026. (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Elizabeth A. Wolford on 3/24/2026. (EKH)This was mailed to: Petitioner. (Entered: 03/24/2026)

#10

Mar 27, 2026

CERTIFICATE OF SERVICE by Buffalo Federal Detention Facility re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Muller, Marvin) (Entered: 03/27/2026)

#11

Apr 14, 2026

NOTICE of Appearance by Ibrahim Furkan Caglar on behalf of Abdalazeez Mohame Hamza Basil (Caglar, Ibrahim) (Entered: 04/14/2026)

#12

Apr 17, 2026

RESPONSE to Motion re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Abdalazeez Mohame Hamza Basil. (Attachments: # 1 Exhibit)(Caglar, Ibrahim) (Entered: 04/17/2026)

#13

Apr 29, 2026

NOTICE of Substitution of Government Attorney: Adam A. Khalil, appearing on behalf of Buffalo Federal Detention Facility, is substituted in place of Marvin J Muller. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 04/29/2026)

#14

May 18, 2026

Letter filed by Buffalo Federal Detention Facility requesting lifting of stays for upcoming removal. (Khalil, Adam) (Entered: 05/18/2026)

#15

May 18, 2026

TEXT ORDER re: 14 Request to Lift Stay. Responses to the request to lift the stay (Dkt. 2) are due on or before May 26, 2026. 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 05/18/2026. (MGB) (Entered: 05/18/2026)

#16

May 26, 2026

REPLY/RESPONSE to re 14 Letter filed by Abdalazeez Mohame Hamza Basil. (Attachments: # 1 Exhibit)(Caglar, Ibrahim) (Entered: 05/26/2026)

#17

Jun 15, 2026

DECISION AND ORDER granting 6 Motion to Dismiss. Signed by Hon. Elizabeth A. Wolford on 06/15/2026. (MGB)Clerk to Follow up

#18

Jun 15, 2026

JUDGMENT dismissing the petition for a writ of habeas corpus without prejudice. Signed by Clerk on 6/15/26. (JHF) (Entered: 06/15/2026)

Jun 15, 2026

The Clerk of Court amended the caption to conform the spelling of Petitioner's name in 17 Decision and Order. (JHF)