Western District of New York • 1:26-cv-01676

#1

Aug 10, 2026

PETITION for Writ of Habeas Corpus, filed by Yesson Yair Zamora Montana. (Attachments: # 1 Civil Cover Sheet) (KKR) (Entered: 08/10/2026)

#2

Aug 10, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Yesson Yair Zamora Montana So that the petitioner can fully participate in these proceedings, 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 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 8/17/2026, 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. Additionally, in Last Name Unknown v. Ball, 2026 WL 2096666, at *4 (W.D.N.Y. July 21, 2026), this Court held that a petitioner whose detention was governed by 8 U.S.C. § 1226(a) was entitled to immediate release when a warrant had not been obtained for his arrest. And in Loaeza v. Bausch, 2026 WL 2150155 (W.D.N.Y. July 27, 2026)—with which this Court agrees—Judge Vacca explained that "[w]ithout a valid [Notice to Appear] in place, removal proceedings are not pending, and [the r]espondents have no authority to make an arrest or effectuate detention." Id. at *1-2. Accordingly, the respondents also shall SHOW CAUSE on or before 8/17/2026 why the petitioner is not entitled to immediate release under Last Name Unknown and/or Loaeza, including providing a copy of any warrant or Notice to Appear that the respondents say was issued. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/10/2026. (ZHM)This was mailed to: the petitioner. (Entered: 08/10/2026)

Aug 10, 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 provided to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)

Aug 10, 2026

Filing fee: $ 5.00, receipt number 100010205 (KKR)

#3

Aug 14, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Warden, Buffalo Service Processing Center. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 08/14/2026)

#4

Aug 14, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,, filed by Warden, Buffalo Service Processing Center. (Attachments: # 1 Form I-213, # 2 Form I-94, # 3 Form I-862, # 4 Form I-200)(Khalil, Adam) (Entered: 08/14/2026)

#5

Aug 14, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Yesson Yair Zamora Montana On 8/10/2026, this Court ordered the respondents to show cause why, in light of this Court's decision in Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (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 "[r]espondents acknowledge[d] that this Court's prior ruling [in Cabrera Martinez] concern[ed] a similar challenge to the government policy or practice at issue in this case, and if the Court follows that prior ruling, it would control the result in this case." Docket Item 4 at 1. The respondents have reserved all rights, including the right to appeal, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. Accordingly, for the reasons explained in Cabrera Martinez, this Court GRANTS the petition and ORDERS the respondents 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 8/22/2026, 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. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/14/2026. (ZHM)This was mailed to: the petitioner. (Entered: 08/14/2026)

#6

Aug 14, 2026

CERTIFICATE OF SERVICE by Warden, Buffalo Service Processing Center re 4 Reply/Response (Khalil, Adam) (Entered: 08/14/2026)

#7

Aug 24, 2026

Letter filed by Warden, Buffalo Service Processing Center re bond hearing. (Khalil, Adam) (Entered: 08/24/2026)

#8

Aug 24, 2026

CERTIFICATE OF SERVICE by Warden, Buffalo Service Processing Center re 7 Letter (Khalil, Adam) (Entered: 08/24/2026)

#9

Aug 25, 2026

TEXT ORDER re 7 Letter filed by Warden Buffalo Service Processing Center The respondents have filed a letter, Docket Item 7, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, but found that the government met its burden on both danger and risk of flight. 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 Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/25/2026. (ZHM)This was mailed to: the petitioner.Clerk to Follow up (Entered: 08/25/2026)

#10

Sep 08, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Yesson Yair Zamora Montana. (TME) (Entered: 09/08/2026)

#11

Sep 09, 2026

TEXT ORDER re 10 Response to Order to Show Cause filed by Yesson Yair Zamora Montana. The Court construes the petitioner's response as a motion to enforce. The government shall respond and provide a transcript of the bond hearing by 9/23/2026. The petitioner may reply by 9/30/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/9/2026. (RFI)This was mailed to: the petitioner. (Entered: 09/09/2026)