Western District of New York • 1:26-cv-01249

#1

Jun 17, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5869141.), filed by Vansh Last Name Unknown. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Notice to Appear, # 3 Exhibit Notice of Custody Determination, # 4 Exhibit Order of Release on Recognizance, # 5 Exhibit Employment Authorization Card, # 6 Exhibit SIJS I-360 Receipt Notice, # 7 Exhibit Notice of BIA Appeal)(Pearson, Jonathan) (Entered: 06/17/2026)

#2

Jun 18, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus. 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. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). In Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), the Second Circuit 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. And in Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (W.D.N.Y. 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. Additionally, this Court held in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), "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. It appears that the holdings of Barbosa da Cunha, Alvarez Ortiz and/or Cabrera Martinez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 6/25/2026, why, in light of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not 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 alternatives to detention or, if setting a bond, the petitioner's ability to pay. In their submission, the respondents also shall respond to the petitioner's assertion that his detention without a warrant is unlawful under section 1226(a).SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/18/2026. (DDC) (Entered: 06/18/2026)

Jun 18, 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. (ARS)

Jun 18, 2026

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

#3

Jun 24, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/24/2026)

#4

Jun 24, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,, filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/24/2026)

#5

Jun 25, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus.On 6/18/2026, this Court ordered the respondents to show cause why, in light of the Second Circuit's decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), and this Court's decision in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), "(1) the petition in this case should not be granted, and (2) the Court should not 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 alternatives to detention or, if setting a bond, the petitioner's ability to pay." Docket Item 2. In response, the respondents acknowledged that the Second Circuit recently held that "[s]ection 1225(b)(2)(A) does not apply to... noncitizens, [like the petitioner,] who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter. Rather, the court ruled, [s]ection 1226(a) applies." Docket Item 4 at 2 (quoting Barbosa da Cunha, 2026 WL 1146044, at *2). The respondents have reserved all rights, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court and the Second Circuit already have decided. See id. at 1-2.The petitioner argues that immediate release is the appropriate remedy "where the [g]overnment did not comply with the plain language of [section] 1226(a) and no warrant was properly issued." Docket Item 1 ¶ 58. The Court finds that further briefing is necessary for its consideration of the petitioner's request for immediate release. Accordingly, for the reasons explained in Barbosa da Cunha and Alvarez Ortiz, the petition is GRANTED IN PART to the extent it seeks a bond hearing and the respondents are ORDERED to provide the petitioner with an individualized bond hearing before an immigration judge within seven calendar days of the date of this order. At that hearing, the government shall bear the burden to demonstrate, by clear and convincing evidence, that the petitioner is a danger to the community or a flight risk. At that bond hearing, the immigration judge must consider non-bond alternatives to detention or, if setting a bond, the petitioner's ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release the petitioner.On or before 7/3/2026, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody.On or before 7/2/2026, the respondents shall respond to the petitioner's argument regarding immediate release. The petitioner may reply on or before 7/8/2026.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/25/2026. (DDC) (Entered: 06/25/2026)

#6

Jun 25, 2026

REPLY/RESPONSE to re 5 Text Order,,,,,,,,,,,, re Petitioner's request for immediate release filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/25/2026)

#7

Jun 26, 2026

REPLY/RESPONSE to re 6 Reply/Response of Respondent's re Petitioner's Arguments for Immediate Release filed by Vansh Last Name Unknown. (Pearson, Jonathan) (Entered: 06/26/2026)

#8

Jun 30, 2026

TEXT ORDER. Virtual Oral Argument set for 7/14/2026 at 9:30 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Dial-in instructions will be sent directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/30/2026. (CMD) (Entered: 06/30/2026)

#9

Jul 06, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 07/06/2026)

#10

Jul 08, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 07/08/2026)

#11

Jul 14, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: Section 1226(a) Warrantless Arrest held on 7/14/2026. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court reserved decision. Appearances by Teams Video Conference. For petitioner: Jonathan R. Pearson. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 07/14/2026)