Western District of New York • 6:26-cv-06434

#1

Apr 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5791251.), filed by WALEED SALEH NAJI ALI AL-DARWISH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D)(Baptiste, Janelle) (Entered: 04/15/2026)

#2

Apr 15, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Waleed Saleh Naji Ali Al-Darwish 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 while the Court consider the petition. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/15/2026. (ZHM) (Entered: 04/15/2026)

Apr 15, 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. (MMG)

Apr 15, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG)

#3

Apr 16, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Waleed Saleh Naji Ali Al-Darwish The petitioner, Waleed Saleh Naji Ali Al-Darwish, entered the United States "on or about May 16, 2020" without being "admitted or paroled." Docket Item 1-5 at 2. After he entered, Al-Darwish was "encountered by Custom[s] and Border Patrol... officials and detained." Docket Item 1 ¶ 34. On September 10, 2020, the Department of Homeland Security issued Al-Darwish a Notice to Appear and "placed [him] in removal proceedings under 8 U.S.C. § 1229a." Id. ¶ 35; see also Docket Item 1-5. "On October 21, 2020, an Immigration Judge granted [Al-Darwish]'s release from custody upon the posting of $7,000 bond after conducting a bond hearing [under] 8 U.S.C. § 1226(a)." Docket Item 1 ¶ 36. Al-Darwish then applied for and was granted Temporary Protected Status. Id. ¶ 38. He also applied for asylum, and his appeal of the Immigration Judge's decision denying his application for asylum remains pending. Id. ¶¶ 39-41. Despite "faithfully renew[ing]" his status, Al-Darwish's Temporary Protected Status expired on March 4, 2026. Id. ¶ 38. After he was released on bond in October 2020, Al-Darwish lived freely in the United States until he was taken into custody on March 5, 2026—the day after his Temporary Protected Status expired. See id. ¶ 2. Al-Darwish has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. See id. In that petition, Al-Darwish alleges that his detention violates his right to due process under the Fifth Amendment. Id. ¶¶ 59-73. He also alleges that the respondents are "unlawful[ly]" detaining him under 8 U.S.C. § 1225(b) when his previous "release[] pursuant to 8 U.S.C. § 1226(a)" makes him "eligible for release on bond." See id. ¶¶ 75-76. In Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), this Court 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. The Court further held "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. Moreover, in Torres Alonzo v. Freden, this Court granted a noncitizen's petition "for the reasons explained in Alvarez Ortiz." See Torres Alonzo, Case No. 25-cv-1172, Docket Item 9. Because the petitioner previously had been released on a monetary bond and the respondents did not identify "any new circumstances that would warrant a hew hearing,... immediate release" was the appropriate remedy in that case. See id. It appears that the holdings of Alvarez Ortiz and Torres Alonzo may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 4/23/2026, why, in light of one or both of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner, see Torres Alonzo, Case No. 25-cv-1172, Docket Item 9, or 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 alternative to detention, or if setting a bond, the petitioner's ability to pay, see Alvarez Ortiz, 808 F. Supp. 3d at 598. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/16/2026. (ZHM) (Entered: 04/16/2026)

#4

Apr 23, 2026

Letter filed by Todd Blanche, Todd Lyons, Daren K. Margolin, Tammy Marich, Markwayne Mullins, Philip Rhoney, Warden of the Buffalo Federal Detention Center re release of Petitioner and in response to order to show cause. (Khalil, Adam) (Entered: 04/23/2026)

#5

Apr 23, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Blanche, Todd Lyons, Daren K. Margolin, Tammy Marich, Markwayne Mullins, Philip Rhoney, Warden of the Buffalo Federal Detention Center (Khalil, Adam) (Entered: 04/23/2026)

#6

Apr 29, 2026

TEXT ORDER re 4 Letter filed by Warden of the Buffalo Federal Detention Center, Tammy Marich, Markwayne Mullins, Philip Rhoney, Todd Blanche, Daren K. Margolin, Todd Lyons On 4/16/2026, the Court ordered the respondents to show cause why "(1) the petition this case should not be granted, and (2) the Court should not either release the petitioner," Waleed Saleh Naji Ali Al-Darwish, or order that he receive a bond hearing. See Docket Item 3 (citations omitted). In response, the respondents have filed a letter advising the Court that Al-Darwish had been released from custody and that "this action is therefore moot." See Docket Item 4 . If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/29/2026. (ZHM)Clerk to Follow up (Entered: 04/29/2026)