Western District of New York • 6:26-cv-06945

#1

Sep 15, 2026

PETITION for Writ of Habeas Corpus, filed by Yanhai Wan. (Attachments: # 1 Civil Cover Sheet)(MMG) (Entered: 09/15/2026)

#2

Sep 15, 2026

EMERGENCY MOTION for Temporary Restraining Order, Preliminary Injunction, and Immediate Habeas Relief by Yanhai Wan.(MMG) (Entered: 09/15/2026)

#3

Sep 15, 2026

MOTION to Expedite Hearing by Yanhai Wan.(MMG) (Entered: 09/15/2026)

#4

Sep 15, 2026

MOTION to Appoint Counsel by Yanhai Wan.(MMG) (Entered: 09/15/2026)

#5

Sep 15, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus; 2 Motion for Temporary Restraining Order; 3 Motion to Expedite. The Second Circuit issued a decision in da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, 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(a), and not § 1225(b)(2). 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 constitutional 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 Nany v. Blanche et al., No. 1:26-CV-01187-EAW, 2026 WL 1842635, at *4-5 (W.D.N.Y. June 26, 2026); Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025). Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before September 22, 2026, why, 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 pursuant to 8 U.S.C. § 1226(a). In addition, to the extent Petitioner argues that he was arrested without a warrant in violation of 8 U.S.C. § 1226(a), Respondents also shall provide with their response to this Order to Show Cause a copy of any warrant that Respondents contend was issued and a declaration attesting to when that warrant was issued. If, in fact, Petitioner was arrested prior to issuance of any warrant, Respondents shall explain the legal basis for Petitioner's warrantless arrest.In addition, the Court grants the motion to expedite (Dkt.3) and for a temporary restraining order (Dkt. 2) to the extent that Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter 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.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 9/15/2026. (MGB)Clerk to Follow up (Entered: 09/15/2026)

Sep 15, 2026

Filing fee: $ 5.00, receipt number 100010466 (MMG)

Sep 15, 2026

Clerk regenerated 5 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)

Sep 15, 2026

Remark: Clerk mailed a copy of #5 TEXT ORDER to Petitioner. (OEO)

Sep 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. 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's Office provided Petitioner, at the counter, the Pro Se Packet consisting of privacy notice, consent to proceed before a magistrate judge, and civil case timeline. (MMG)

#6

Sep 21, 2026

SUPPLEMENTAL DECLARATION filed by Yanhai Wan. (RE) (Entered: 09/21/2026)

#7

Sep 22, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 09/22/2026)

#8

Sep 22, 2026

Letter filed by Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station re transfer and return of Petitioner. (Khalil, Adam) (Entered: 09/22/2026)

#9

Sep 22, 2026

CERTIFICATE OF SERVICE by Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station re 8 Letter (Khalil, Adam) (Entered: 09/22/2026)

#10

Sep 22, 2026

REPLY/RESPONSE to re 5 Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion to Expedite, filed by Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station. (Attachments: # 1 Declaration of Agent Scioli, # 2 Exhibit A to Scioli Dec.) (Khalil, Adam) (Entered: 09/22/2026)

#11

Sep 22, 2026

CERTIFICATE OF SERVICE by Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station re 10 Reply/Response, (Khalil, Adam) (Entered: 09/22/2026)

#12

Sep 28, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 9/28/2026. (EKH)This was mailed to: Petitioner. (Entered: 09/28/2026)

#13

Oct 05, 2026

REPLY/RESPONSE to re 10 Reply/Response, filed by Yanhai Wan. (Attachments: # 1 Envelope)(DMK) (Entered: 10/05/2026)

#14

Oct 07, 2026

Letter filed by Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station re bond hearing. (Khalil, Adam) (Entered: 10/07/2026)

#15

Oct 07, 2026

CERTIFICATE OF SERVICE by Commissioner, U.S. Customs and Border Protection, Kristi Noem, Officer in Charge, U.S. Border Patrol Niagara Falls Station re 14 Letter (Khalil, Adam) (Entered: 10/07/2026)

#16

Oct 08, 2026

TEXT ORDER. On October 7, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 14). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before November 5, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/08/2026. (EKH) This was mailed to: Petitioner. (Entered: 10/08/2026)

#17

Oct 09, 2026

MOTION to Enforce 12 Order by Yanhai Wan. (JHF) (Entered: 10/09/2026)