Western District of New York • 1:26-cv-01669

#1

Aug 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5937082.), filed by Erik Musaelian. (Attachments: # 1 Civil Cover Sheet)(Bardavid, Joshua) (Entered: 08/10/2026)

#2

Aug 10, 2026

Original Summons Filed. (Bardavid, Joshua) (Entered: 08/10/2026)

#3

Aug 11, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Erik Musaelian.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). The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/11/2026. (DDC) (Entered: 08/11/2026)

#4

Aug 11, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Erik Musaelia. Virtual Status Conference set for 8/12/2026 at 2:30 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/11/2026. (CMD) (Entered: 08/11/2026)

Aug 11, 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. (MMG)

Aug 11, 2026

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

#5

Aug 12, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 1 Petition for Writ of Habeas Corpus filed by Erik Musaelia held on 8/12/2026. 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. Respondents' response is due by 8/19/2026. Petitioner's Reply is due by 8/24/2026. If necessary, the Court will schedule oral argument on or after 8/26/2026. Appearances by Teams Video Conference. For petitioner: Joshua Bardavid. For respondents: AUSA Adam Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 08/12/2026)

#6

Aug 17, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella, Warden. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 08/17/2026)

#7

Aug 17, 2026

REPLY/RESPONSE to re 5 Status Conference,,, Set Deadlines,, filed by Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella, Warden. (Khalil, Adam) (Entered: 08/17/2026)

#8

Aug 19, 2026

REPLY/RESPONSE to re 7 Reply/Response to Respondent's Letter Reply filed by Erik Musaelian. (Attachments: # 1 Exhibit Tab A - Form I-94 Admission Record, May 5, 2023 Entry (Adm. 000334), # 2 Exhibit Tab B - Notice to Appear, Form I-862, and Certificate of Service, June 15, 2023 (Adm. 000991-994), # 3 Exhibit Tab C - Form I-830 Notice to EOIR, Release on Parole, Dec. 21, 2023 (Adm. 000953), # 4 Exhibit Tab D - Transcript of Hearing, Dec. 20, 2023 (Adm. 000154-169), # 5 Exhibit Tab E - Email from ICE Buffalo Field Office, Aug. 9, 2024 (Adm. 000379), # 6 Exhibit Tab F - Transcript of Hearing, Aug. 28, 2024 (Adm. 000170-185), # 7 Exhibit Tab G - Attorney Affirmation, Erie County Family Court, Aug. 27, 2024 (Adm. 000316-332), # 8 Exhibit Tab H - Immigration Judge's Oral Decision, Dec. 27, 2024 (Adm. 000114-132)_Redacted, # 9 Exhibit Tab I - Orders of Dismissal, Erie County Family Court, Apr. 4, 2025, # 10 Exhibit Tab J - Request for Parole to ICE Buffalo Field Office Director, Apr. 21, 2025, # 11 Exhibit Tab K - Decision of the Board of Immigration Appeals, June 13, 2025_Redacted, # 12 Exhibit Tab L - Petition for Review, Second Circuit No. 25-1543_Redacted, # 13 Exhibit Tab M - Motion for Stay of Removal, Second Circuit No. 25-1543_Redacted, # 14 Exhibit Tab N - Second Circuit Docket Report, No. 25-1543)(Bardavid, Joshua) (Entered: 08/19/2026)

#9

Aug 24, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Erik Musaelian. Virtual Oral Argument set for 8/26/2026 at 2:15 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/24/2026. (CMD) (Entered: 08/24/2026)

#10

Aug 26, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Erik Musaelian. In Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), this Court addressed a petition concerning the arrest and detention of a noncitizen who had been paroled into the United States. There, the petitioner had been granted parole for a two-year period "to pursue his asylum claim." See id. at 137. Before that parole period expired, however, he was arrested, detained, and issued a letter terminating his parole without explanation. Id. Based on the facts presented in that case, the Court ordered the petitioner's release, concluding both that the termination of his parole had "violated his rights under the statute and regulations," id. at 146, and that his ongoing detention violated his constitutional due process rights, id. at 153. Both sides agree that Mata Velasquez applies to this case. And although the government argues that the proper remedy is a bond hearing rather than immediate release, Docket Item 7 at 1, it provided no basis to distinguish this case from Mata Velasquez in which the Court ordered immediate release. Accordingly, for the reasons stated on the record and in Mata Velasquez, the respondents shall release Musaelian within 24 hours of this order. On or before 8/28/2026, the respondents shall file an affidavit attesting to Musaelian's release. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/26/2026. (DDC) (Entered: 08/26/2026)

#11

Aug 26, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 1 Petition for Writ of Habeas Corpus filed by Erik Musaelian held on 8/26/2026. 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 heard from parties and will issue a decision shortly. Appearances by Teams Video Conference. For petitioner: Joshua E. Bardavid. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 08/26/2026)

#12

Aug 27, 2026

Letter filed by Todd Blanche, Field Office Director, Markwayne Mullin, David J. Venturella, Warden re release. (Khalil, Adam) (Entered: 08/27/2026)

#13

Aug 28, 2026

TEXT ORDER re 12 Letter filed by Markwayne Mullin, Field Office Director, Warden, David J. Venturella, Todd Blanche.The respondents have filed a letter, Docket Item 12, indicating that the petitioner was released in accordance with this Court's order, Docket Item 10. If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of the Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/28/2026. (DDC)Clerk to Follow up (Entered: 08/28/2026)