NY attorney challenges ICE detention of three Ukrainian parolees

A New York attorney is contesting the detention of three Ukrainian nationals who entered the U.S. through the Uniting for Ukraine humanitarian parole program and were later picked up by ICE in the Buffalo area. Two remain jailed in Batavia while one was released on bond and electronic monitoring, with federal habeas cases now pending.

Why it matters: - The cases test ICE’s authority to detain people who entered the U.S. lawfully through humanitarian parole and still have pending immigration proceedings. - The outcomes could affect how quickly Ukrainian parolees and other humanitarian entrants can be detained, released, or transferred while their cases move through federal court.

What happened: - Three Ukrainian nationals who fled Russia’s war against Ukraine entered the United States through the Uniting for Ukraine humanitarian parole program. - New York attorney Elena Dvoinik says none of the three has a reported criminal record. - ICE arrested Vitaliy Stavnisty on Oct. 18, 2026, in the Buffalo area. - ICE arrested Roman Serdiuk on Sept. 28, 2026, in the Buffalo area. - An immigration judge authorized Igor’s release on Oct. 19, 2026, on a $25,000 bond with electronic ankle monitoring. - Two of the men remain detained at the Buffalo Federal Detention Facility in Batavia, New York. - The third man was released after bond was posted and now lives in Pennsylvania under ICE supervision.

The details: - Stavnisty is a 59-year-old retired Ukrainian police officer, athlete, former transportation company owner, and humanitarian volunteer from Zaporizhzhia. - After Russia’s full-scale invasion in February 2022, Stavnisty used his buses and personal funds to help evacuate civilians from Mariupol and other combat areas. - His family says he also organized humanitarian aid, helped secure vehicles for wounded civilians, and helped transport more than 60 tons of supplies. - Stavnisty’s humanitarian parole remains valid through May 2028. - Dvoinik says the Department of Homeland Security has not adequately explained the legal basis for Stavnisty’s arrest and continued detention. - Stavnisty previously had spinal surgery and had another operation scheduled, and his attorney sought an urgent medical evaluation after reports of worsening health in detention. - In Stavnisty v. Ball et al., No. 1:26-cv-02482-JLS, U.S. District Judge John L. Sinatra Jr. ordered the government on Oct. 30, 2026, to respond by Nov. 13 and address applicable Second Circuit precedent. - Serdiuk is a Ukrainian national from Mariupol and a professional international seaman with a bachelor’s degree in navigation. - Serdiuk has worked on commercial vessels since 2015 on six-month rotations for MANX, an international shipping company. - He left Mariupol in August 2021 for a maritime assignment, and Russia invaded Ukraine while he was at sea. - Mariupol fell under Russian control in May 2022 and remains occupied. - Serdiuk’s application for renewed parole is pending before U.S. Citizenship and Immigration Services. - An immigration judge denied Serdiuk’s bond request for lack of jurisdiction, and his attorney is challenging that ruling. - In Serdiuk v. Ball et al., No. 1:26-cv-02567-LJV, U.S. District Judge Lawrence J. Vilardo on Nov. 5 ordered that Serdiuk not be transferred outside the Western District of New York and told the government to show cause by Nov. 12, 2026, why the habeas petition should not be granted. - Igor worked as an international tanker driver and assisted civilian evacuations. - After the Oct. 19, 2026 bond ruling, ICE transferred Igor to the Jackson Parish detention facility in Louisiana before his release. - Igor says his mobile phones, identification documents and jewelry went missing while he was in ICE custody, and a complaint was filed with the Department of Homeland Security Office of Inspector General. - After his release, Igor reported a fever approaching 104 degrees while still under ICE supervision.

Between the lines: - The three men have different backgrounds, but their cases converge on the same question: how far ICE can go when a person’s parole remains valid or renewal is still pending. - The pending habeas cases also raise due process and transfer issues, especially for detainees held far from their lawyers or in medical distress. - The court orders so far suggest federal judges are scrutinizing both detention authority and the government’s handling of the cases.

What’s next: - Federal habeas proceedings remain pending in both Stavnisty’s and Serdiuk’s cases. - The government must respond in Stavnisty’s case by Nov. 13, 2026. - The government must show cause in Serdiuk’s case by Nov. 12, 2026. - No final rulings on the merits have been issued.

The bottom line: - Three Ukrainian humanitarian parolees remain caught in active immigration litigation, and the courts have not yet resolved whether ICE can keep detaining two of them while the third remains on bond and monitoring.