Western District of New York • 6:26-cv-07020

#1

Sep 24, 2026

PETITION for Writ of Habeas Corpus, filed by Maifreikel Nazareth Camacho-Ortiz. (KKR) (Entered: 09/25/2026)

Sep 24, 2026

Filing fee: $ 5.00, receipt number 600001999 (KKR)

#2

Sep 25, 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, Respondents are hereby ORDERED TO SHOW CAUSE on or before October 1, 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 09/25/2026. (JKS)This was mailed to: Petitioners.Clerk to Follow up (Entered: 09/25/2026)

Sep 25, 2026

Clerk served 1 Petition electronically and 2 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)

Sep 25, 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 "Next Friend," at the counter, the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)

#6

Oct 02, 2026

MOTION Miscellaneous Relief/Emergency Pro Se Motion by Moraina Alexis as next friend of Maifreikel Nazareth Camacho-Ortiz.(RE) (Entered: 10/05/2026)

#3

Oct 05, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 10/05/2026)

#4

Oct 05, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION transfer to SD Texas by Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security. (Attachments: # 1 Declaration of Border Patrol Agent Scioli, # 2 Memorandum in Support)(Khalil, Adam) (Entered: 10/05/2026)

#5

Oct 05, 2026

MOTION SCHEDULING ORDER re 4 Motion to Dismiss (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Responses due by November 2, 2026. Replies due by November 16, 2026. Signed by Hon. Elizabeth A. Wolford on 10/05/2026. (JKS) This was mailed to: Petitioners. (Entered: 10/05/2026)

#7

Oct 05, 2026

CERTIFICATE OF SERVICE by Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security re 4 MOTION to Dismiss for Lack of Jurisdiction MOTION transfer to SD Texas (Khalil, Adam) (Entered: 10/05/2026)

#8

Oct 06, 2026

REPLY/RESPONSE to re 4 MOTION to Dismiss for Lack of Jurisdiction MOTION transfer to SD Texas . (RE) (Entered: 10/06/2026)

#9

Oct 06, 2026

REPLY/RESPONSE to re 8 Reply/Response filed by Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security. (Khalil, Adam) (Entered: 10/06/2026)

#10

Oct 07, 2026

CERTIFICATE OF SERVICE by Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security re 9 Reply/Response (Khalil, Adam) (Entered: 10/07/2026)

#11

Oct 19, 2026

Mail Returned as Undeliverable: 5 Scheduling Order sent to Maifreikel Nazareth Camacho-Ortiz. (RE) (Entered: 10/19/2026)

#12

Oct 29, 2026

Letter filed by Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security regarding Petitioner's grant of voluntary departure. (Khalil, Adam) (Entered: 10/29/2026)

#13

Oct 30, 2026

TEXT ORDER granting 12 Request to Lift Temporary Restraining Order. The government requests that the Court lift the TRO preventing Petitioner's transfer and removal from this District (and corresponding removal from the country) in order to effectuate Petitioner's removal pursuant to a voluntary departure order. (Dkt. 12 at 3-5). The law is clear that this Court lacks jurisdiction to review, directly or indirectly, a final order of deportation (and this extends to any stay of removal). Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 151 (W.D.N.Y. 2025). Therefore, while the Court issued the TRO to facilitate a resolution of the issues raised in the petition, and the Court further retains jurisdiction to address the underlying petition, the Court does not have the power to prevent Petitioner's removal and accordingly, the TRO is hereby vacated. Petitioner may be removed from this District and the country without violating any order of this Court. If the petition is not withdrawn, Respondents are directed to provide a status update on or before November 23, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/30/2026. (KVT)This was mailed to: Petitioner. (Entered: 10/30/2026)

#14

Oct 30, 2026

CERTIFICATE OF SERVICE by Director of Immigration and Customs Enforcement, Rochester Customs and Border Patrol Field Director, Secretary of Department of Homeland Security re 12 Letter (Khalil, Adam) (Entered: 10/30/2026)