Western District of New York • 6:26-cv-06824

#1

Aug 11, 2026

PETITION for Writ of Habeas Corpus, filed by Luis Virgilio Castro Caguana. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (KKR) (Entered: 08/12/2026)

#2

Aug 11, 2026

MOTION for Expedited Consideration of Petition and Request for Appointment of Counsel by Luis Virgilio Castro Caguana. (KKR) (Entered: 08/12/2026)

Aug 11, 2026

Filing fee: $ 5.00, receipt number 100010220 (KKR)

#3

Aug 12, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226(a), and not § 1225(b)(2). The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that constitutional due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See Nany v. Blanche et al., No. 1:26-CV-01187-EAW, 2026 WL 1842635, at *4-5 (W.D.N.Y. June 26, 2026); Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025). Accordingly, Petitioner's motion for expedited consideration (Dkt. 2) is granted, and Respondents are hereby ORDERED TO SHOW CAUSE on or before August 18, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing pursuant to 8 U.S.C. § 1226(a). In addition, to the extent Petitioner argues that he was arrested without a warrant in violation of 8 U.S.C. § 1226(a), Respondents also shall provide with their response to this Order to Show Cause a copy of any warrant that Respondents contend was issued and a declaration attesting to when that warrant was issued. If, in fact, Petitioner was arrested prior to issuance of any warrant, Respondents shall explain the legal basis for Petitioner's warrantless arrest.Pending a resolution of the petition and because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel, see 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."), Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.The Clerk's Office is directed to serve a copy of the petition and this Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/12/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up Modified on 8/12/2026 to correct response date (DPS). (Entered: 08/12/2026)

Aug 12, 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 mailed to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)

Aug 12, 2026

E-Filing Notification re 3 TEXT ORDER: Modified to correct response date. Original e-notice to be regenerated. (DPS)

Aug 12, 2026

Clerk served a copy of 1 Petition electronically and 3 Text Order via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (RE)

#4

Aug 13, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 08/13/2026)

#5

Aug 13, 2026

Letter filed by Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security re petition being duplicative of 26-CV-01629. (Khalil, Adam) (Entered: 08/13/2026)

#6

Aug 13, 2026

CERTIFICATE OF SERVICE by Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security re 5 Letter, (Khalil, Adam) (Entered: 08/13/2026)

#7

Aug 13, 2026

Letter filed by Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security advising that this Luis Castro is different than the Luis Castro in 26-CV-01629 and not a duplicative petition. (Khalil, Adam) (Entered: 08/13/2026)

#8

Aug 13, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security. (Attachments: # 1 Memorandum in Support, # 2 Order of Removal)(Khalil, Adam) (Entered: 08/13/2026)

#9

Aug 13, 2026

CERTIFICATE OF SERVICE by Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security re 7 Letter, 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Khalil, Adam) (Entered: 08/13/2026)

#10

Aug 14, 2026

TEXT ORDER. The government's letters submitted on August 13, 2026 and August 14, 2026, state that petitioner Louis Virgilio Castro Caguana ("Petitioner") is being incorrectly processed under the alien number of his uncle who bears the same name. (Dkt. 12; Dkt. 13). They also indicate that the Petitioner in 26-cv-01629 is the same Louis Virgilio Castro Caguana who filed a habeas petition in 26-cv-06824. The government therefore requests that its motions to dismiss be withdrawn in both cases and that the Court dismiss case 26-cv-06824 as duplicative or consolidate it with 26-cv-01629. The request to withdraw the motions to dismiss is granted, and the government shall file a response to the Order to Show Cause (Dkt. 2 in 26-cv-01629; Dkt. 3 in 26-cv-06824) by August 18, 2026. In addition, on or before August 18, 2026, counsel for Petitioner shall inform the Court whether Petitioner objects to the dismissal of case 26-cv-06824 as duplicative. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/14/2026. (EKH)This was mailed to: Petitioner. (Entered: 08/14/2026)

#11

Aug 24, 2026

TEXT ORDER granting 1 petition to the extent that the Court orders Petitioner Louis Castro Caguana's immediate release. In the government's response to the Court's Order to Show Cause (Dkt. 15), it concedes that "Petitioner is entitled to the granting of his petition and an order requiring his release from detention." Accordingly, with no objection from the government, Petitioner Louis Castro Caguana shall be immediately released from ICE custody. Respondents shall provide a status report to the Court confirming his release on or before August 27, 2026. In addition, Petitioner was directed to notify the Court on or before August 18, 2026, if there was any objection to the dismissal of 26-cv-6824, a case identified as duplicative of the instant case. There being no objection, the Clerk is directed to close 26-cv-6824 as duplicative. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/24/2026. (MGB) Clerk to Follow up (Entered: 08/24/2026)

#12

Aug 26, 2026

Letter filed by Acting Field Office Director, Buffalo Field Office, U.S. Immigration and Customs Enforcement, Attorney General of the United States, Secretary, U.S. Department of Homeland Security re release of Luis. (Khalil, Adam) (Entered: 08/26/2026)

#13

Aug 28, 2026

Mail Returned as Undeliverable in re 3 Text Order sent to Petitioner. (JHF) (Entered: 08/28/2026)

#14

Aug 31, 2026

Mail Returned as Undeliverable in re the 8/12/26 Notice of Availability of Magistrate Judge package sent to Petitioner. (JHF) (Entered: 08/31/2026)

#15

Sep 02, 2026

Mail Returned as Undeliverable in re 10 Text Order sent to Petitioner. (JHF) (Entered: 09/02/2026)