Western District of New York • 1:26-cv-01617

#1

Aug 04, 2026

PETITION for Writ of Habeas Corpus, filed by Nelly Fernanda Lojano Villa. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(MMG) (Entered: 08/05/2026)

#2

Aug 04, 2026

MOTION to Expedite by Nelly Fernanda Lojano Villa.(MMG) (Entered: 08/05/2026)

#3

Aug 04, 2026

MOTION for an order prohibiting respondents from transferring petitioner outside the jurisdiction of the Western District of New York by Nelly Fernanda Lojano Villa.(MMG) (Entered: 08/05/2026)

Aug 04, 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. 636(c) 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. Clerk's Office mailed to Petitioner a Pro Se Packet consisting of privacy notice, consent to proceed before a magistrate judge, and civil case timeline. (MMG)

Aug 04, 2026

Filing fee: $ 5.00, receipt number 100010163 (MMG)

#4

Aug 05, 2026

TEXT ORDER granting 3 MOTION for an Order Prohibiting Respondents From Transferring Petitioner Outside the Jurisdiction of the Western District of New York filed by Nelly Fernanda Lojano Villa. 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). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/5/2026. (DDC)This was mailed to: Hector Fernando Lojano Villa and Nelly Fernanda Lojano Villa. (Entered: 08/05/2026)

#5

Aug 05, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Nelly Fernanda Lojano Villa. Hector Fernando Lojano Villa ("Hector") is a civil immigration detainee currently held at the Buffalo Federal Detention Facility. See Docket Item 1 at 1. His mother, Nelly Fernanda Lojano Villa ("Nelly") has submitted a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on his behalf, claiming that Hector's continued detention in United States Immigration and Customs Enforcement custody violates 8 U.S.C. § 1231(a)(6) as interpreted by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678, 701 (2001). Nelly also filed a motion for expedited consideration of the petition. Docket Item 2. First, the Court finds that Nelly satisfies the prerequisites for next friend standing. See Iza by Iza v. Larocco, 814 F. Supp. 3d 357, 370 (E.D.N.Y. 2026) (explaining that "(1) the next friend must provide an adequate explanation...why the real party in interest cannot appear on his [or her] own behalf to prosecute the action; and (2) the next friend must be truly dedicated to the best interests of the person on whose behalf he [or she] seeks to litigate and must have some significant relationship with the real party in interest" (citation and internal quotation marks omitted)). Nelly says that Hector "has been unable to adequately prosecute this action on his own behalf due to his continued detention, his limited access to counsel, legal resources, and interpretation services, and the distance [between] his current detention facility [and] his family and community." Docket Item 1 at 45. Moreover, Nelly states that she is "truly dedicated" to the best interests of Hector, her son. Id. She "ha[s] been closely involved in his immigration case since he first entered the United States in August 2024, including...participating in oral argument before the Northern District of New York on his first habeas petition[] and filing a reply on his behalf in that proceeding." Id.; see Villa as Next Friend of Villa v. Warden, Broome Cnty. Corr. Facility, 828 F. Supp. 3d 335, 339-40 (N.D.N.Y. 2026) (granting Nelly's request to appear as next friend to Hector). Second, the Court GRANTS the motion for expedited consideration of the petition, Docket Item 2. Upon review of the petition, it appears that this Court's prior decision in Nevarez Jurado v. Freden, 813 F. Supp. 3d 376 (W.D.N.Y. 2025), may apply to this case. Accordingly, the government shall SHOW CAUSE on or before 8/12/2026 why Hector should not be immediately released under Nevarez Jurado. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/5/2026. (RFI)This was mailed to: Hector Fernando Lojano Villa and Nelly Fernanda Lojano Villa. (Entered: 08/05/2026)