Northern District of New York • 9:26-cv-01437

#1

Jul 26, 2026

EMERGENCY PETITION for Writ of Habeas Corpus (Filing fee $ 5 - Receipt #ANYNDC-7694718) filed by Edwin Macario Gonzalez. (Attachments: # 1 Civil Cover Sheet)(lmw) (Entered: 07/26/2026)

#2

Jul 26, 2026

ORDER directing response to the Habeas Corpus Petition no later than Monday, August 3, 2026. Petitioner shall have the opportunity to file a reply by August 6, 2026. Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved. Clerk of Court shall serve copies of this Order and the petition upon the United States Attorney for the Northern District of New York in accordance with the local rules. Signed by U.S. District Judge Elizabeth C. Coombe on 7/26/26. (lmw) (Copy served on respondents as directed) (Entered: 07/26/2026)

#3

Jul 27, 2026

NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of All Defendants (Osborne, Alexis) (Entered: 07/27/2026)

#10

Sep 11, 2026

Letter Request/Motion

#11

Oct 28, 2026

ORDER: It is therefore ORDERED that Petitioner's request for habeas relief pursuant to 28 U.S.C. § 2241 is GRANTED to the extent that it seeks a bond hearing where the government has the burden of proving by clear and convincing evidence th at Petitioner is a danger to the community or a flight risk and that such a hearing occur within seven days, and it is further ORDERED that if the Government meets its burden to establish danger to the community or flight risk, the Immigration Judge shall consider alternatives to detention, and if the Immigration Judge sets bond, the Immigration Judge shall consider the Petitioner's ability to pay, and it is further ORDERED that Respondents file a letter stating the outcome of the hearing w ithin five days of the bond hearing, and it is further ORDERED that Petitioners' request to award counsel fees and costs under the Equal Access to Justice Act (EAJA) is DENIED without prejudice as premature. Counsel for Petitioners may apply for EAJA fees within 30 days after the 60-day appeal period has expired, see Barbour v. Colvin, No. 12-cv-00548, 2013 WL 7206218, at *1 (E.D.N.Y. Aug. 1, 2013), and it is further ORDERED that the Petition is in all other respects DENIED. Signed by U.S. District Judge Elizabeth C. Coombe on 10/28/2026. (kmc)