Western District of New York • 1:26-cv-01815

#1

Aug 25, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNYWDC-5959523.), filed by ALONZO CAMANO GARCIA. (Attachments: # 1 Text of Proposed Order Proposed Order to Show Cause, # 2 Declaration Asmar Declaration, # 3 Declaration Emergency Declaration and Motion, # 4 Exhibit A Detainee Locator, # 5 Exhibit B I-213, # 6 Exhibit C NTA)(Asmar, Roger) (Entered: 08/25/2026)

#2

Aug 25, 2026

Emergency MOTION for Writ of Habeas Corpus (Order to Show Cause) by ALONZO CAMANO GARCIA. (Attachments: # 1 Declaration Asmar Declaration, # 2 Declaration Motion and Declaration of Emergency, # 3 Exhibit A Detainee Locator, # 4 Exhibit B I-213, # 5 Exhibit C NTA)(Asmar, Roger) (Entered: 08/25/2026)

#3

Aug 26, 2026

CONTINUATION OF EXHIBITS by ALONZO CAMANO GARCIA. JS 44 Civil Cover Sheet filed by ALONZO CAMANO GARCIA. (Ross, Steven) (Entered: 08/26/2026)

#4

Aug 26, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Alonzo Camano Garcia; and granting in part 2 Emergency MOTION for Writ of Habeas Corpus (Order to Show Cause) filed by Alonzo Camano Garcia.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). 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 Barbosa 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 9/2/2026, 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), 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 9/2/2026 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 8/26/2026. (DDC) (Entered: 08/26/2026)

Aug 26, 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 26, 2026

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

Aug 26, 2026

E-Filing Notification re 1 PETITION for Writ of Habeas Corpus: Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (MMG)