DECISION AND ORDERINTRODUCTION Petitioner Anatoly Sigal (“Petitioner”), an immigration detainee currently detained at the Buffalo Federal Detention Facility in Batavia, New York, seeks a writ of habeas corpus pursuant to 28 U.S.C. §2241. (Dkt. 1). Petitioner argues that his continued detention is unconstitutional and seeks immediate release, either on his own recognizance or under bond. (Id. at
36-37). In connection with the Petition, Petitioner also filed a motion seeking an evidentiary hearing. (Dkt. 12). For the reasons discussed below, Petitioner’s motion for an evidentiary hearing is denied and his Petition is denied and dismissed.PROCEDURAL BACKGROUNDPetitioner commenced the instant action on March 23, 2018. (Dkt. 1). Petitioner filed a supplement to his Petition on June 15, 2018. (Dkt. 4). Pursuant to the Court’s Order, Respondent filed an Answer and memorandum of law in opposition to the Petition on July 16, 2018. (Dkt. 9; Dkt. 10; Dkt. 11).On August 3, 2018, Petitioner moved for an evidentiary hearing. (Dkt. 12). Respondent filed opposition papers on August 21,2018. (Dkt. 14; Dkt. 15). Oral argument was held before the undersigned on September 18, 2018. (Dkt. 17).FACTUAL BACKGROUNDPetitioner is a native and citizen of Ukraine. (Dkt. 9-1 at 5). He was born on August 28, 1988, and is ethnically Jewish and an adherent to the Jewish faith. (Dkt. 1 at 12). Petitioner entered the United States as a V2 nonimmigrant on May 12, 2006, in New York City, with authorization to remain in the United States for a temporary two-year period not to exceed May 11, 2008. (Dkt. 9-1 at 5). Petitioner’s nonimmigrant authorization was subsequently extended until November 18, 2012. (Id). Petitioner acknowledges that he remained in the United States beyond his period of authorized stay. (Dkt. 1 at 13).On or about June 22, 2015, Petitioner was convicted in the Supreme Court of the State of New York, Kings County, of Criminal Sale of a Controlled Substance in the 3rd Degree (to wit, cocaine), in violation of New York State Penal Law §220.39(1). (Dkt. 9-1 at 6). Petitioner was sentenced to a three-year term of imprisonment. (Id.).On July 13, 2015, while incarcerated at the Ulster Correctional Facility, Petitioner encountered agents of the United States Department of Homeland Security (“DHS”) assigned to the Criminal Alien Program. (Id. at 7). DHS agents confirmed Petitioner’s immigration status and identified him as an alien amenable to removal from the United States. (Id.).On December 2, 2015, DHS issued a Notice to Appear charging Petitioner with being subject to removal from the United States as a nonimmigrant who has been convicted of a controlled substance offense, as a nonimmigrant who has been convicted of an aggravated felony as defined in Immigration and National Act (“INA”) §101(a)(43)(B), codified at 8 U.S.C. §1101 (a)(43)(B), and as a nonimmigrant who has remained in the United States for a time longer than permitted. (Dkt. 9-1 at 8; Dkt. 9-2 at 15). On December 16, 2015, Petitioner was served with the Notice to Appear, which ordered him to appear before an immigration judge (“IJ”) at the Downstate Correction Facility in Fishkill, New York, on a date and time to be set, to show cause why he should not be removed from the United States. (Dkt. 15 at 5).On December 18, 2015, DHS served Petitioner with a Notice of Hearing informing him that his case had been scheduled for a hearing before an IJ on January 4, 2016, via video conference. (Id. at 6). On December 29, 2015, DHS served Petitioner with another Notice of Hearing, this time informing him that his hearing had been rescheduled to February 29, 2016. (Id. at 7). It is not clear from the record before the Court whether a hearing in fact occurred on February 29, 2016. In any event, that same day, Petitioner’s attorney was served with a Notice of Hearing setting a hearing for May 2, 2016. (Id. at 8). This hearing was subsequently rescheduled to June 2, 2016. (Id.
