Hassan v. Bondi et al

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
NADEEM HASSAN,
Petitioner,
v.
PAMELA BONDI, in her official capacity as U.S. Attorney
General; PHILIP RHONEY, in his official capacity as
Deputy Field Office Director, Buffalo Field
Office, U.S. Immigration & Customs Enforcement;
TAMMY MARICH, in her official capacity as Field
Office Director, Buffalo Field Office, U.S. Immigration &
Customs Enforcement; TODD LYONS, in his official
capacity as Acting Director, U.S. Immigration and Customs
Enforcement; and KRISTI NOEM, in her official capacity
as Secretary of Homeland Security,
Respondents.
9:26-cv-00319 (BKS)
Appearances:
For Petitioner:
Matthew K. Borowski
Borowski Witmer Immigration Lawyers
4343 Union Road
Buffalo, New York 14225
For Respondents:
David M. Katz
Assistant United States Attorney
United States Attorney’s Office
100 South Clinton Street
Syracuse, New York 13261
Hon. Brenda K. Sannes, Chief United States District Judge:
ORDER
On February 26, 2026, Petitioner Nadeem Hassan, a noncitizen who has been present in
the United States since 2023, was taken into custody by Immigration and Customs Enforcement
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(“ICE”) and is being held at Clinton County Jail in Plattsburgh, New York. (Dkt. No. 1, ¶ 1; Dkt.
No. 7-3, ¶ 15). The same day, Petitioner filed a petition under 28 U.S.C. § 2241 for a writ of
habeas corpus seeking an order granting his immediate release, or, in the alternative, a bond
hearing, and an award of attorney’s fees and costs under the Equal Access to Justice Act
(“EAJA”), as amended, 28 U.S.C. § 2412. (Id. at 17–18). Having received briefing from all
parties, (Dkt. Nos. 1, 7), and having held a hearing on March 13, 2026, the Court grants the
Petition and orders a bond hearing within ten (10) days of the date of this Order. The Court will
issue a written decision setting forth the reasons for this Order in more detail and addressing
Petitioner’s request for EAJA fees and costs.
Accordingly, it is
ORDERED that the Petition for a writ of habeas corpus (Dkt. No. 1) is GRANTED; and
it is further
ORDERED that Respondents shall afford Petitioner an individualized bond hearing,
within 10 days, before an immigration judge, where the Government bears the burden of
proving, by clear and convincing evidence that Petitioner is either a flight risk or a danger to the
community, justifying his continued detention without bond; and it is further
ORDERED that Respondents shall certify compliance with this Order by filing a status
report by March 24, 2026.
IT IS SO ORDERED.
Dated: March 13, 2026_________________
Syracuse, New York
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