Western District of New York • 1:26-cv-02209

#1

Sep 30, 2026

PETITION for Writ of Habeas Corpus, filed by Vince Moises Cruces Cariaco. (Attachments: # 1 Civil Cover Sheet) (CT) (Entered: 09/30/2026)

Sep 30, 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. (CT)

#2

Oct 01, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Vince Moises Cruces Cariaco. 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). If the petitioner was in the Western District of New York at the time the petition was filed but was subsequently transferred prior to this order, the respondents shall return the petitioner to this District as soon as practicable. Travel to facilitate the petitioner's voluntary departure does not violate this order. The Court will issue a subsequent order regarding briefing on the petition. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/1/2026. (RFI)Chambers emailed a copy of this text order and the petition to usanyw-immigration-habeas@usdoj.gov. This was mailed to: the petitioner. Modified on 10/1/2026 to add service to respondents (RFI). (Entered: 10/01/2026)

#3

Oct 01, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Vince Moises Cruces Cariaco. The government shall respond to the petition by 10/15/2026. The petitioner may reply by 10/22/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/1/2026. (RFI)This was mailed to the petitioner and emailed to usanyw-immigration-habeas@usdoj.gov. (Entered: 10/01/2026)

#4

Oct 02, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Vince Moises Cruces Cariaco. Whenever an individual submits a petition for a writ of habeas corpus, the individual must either (a) pay the $5.00 filing fee, see 28 U.S.C. § 1914(a), or (b) submit a motion to proceed in forma pauperis ("IFP"). As required by statute, an immigration detainee that seeks to proceed IFP must submit an affidavit or affirmation detailing the petitioner's assets and liabilities and swearing under oath the petitioner is unable to pay the filing fee. See 28 U.S.C. § 1915(a)(1); see also id. § 1915(h) (noting that Prison Litigation Reform Act's other requirements for proceeding IFP only apply to a "prisoner... accused of, convicted of, sentenced for, or adjudicated delinquent for... violations of criminal law"). Here, the petitioner did not pay the $5.00 filing fee, nor did he submit a motion to proceed IFP. See Remark, dated 10/2/2026. Despite this deficiency, in light of the serious issues raised by the petition, the Court deems it appropriate to proceed with the briefing schedule it ordered. See Docket Item 3. The petitioner therefore shall submit the filing fee or a motion to proceed IFP on or before 10/15/2026. Any decision on the petition based on the government's response is conditioned on the petitioner's submitting either a motion to proceed in forma pauperis or paying the $5.00 filing fee. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/2/2026. (RFI) (Entered: 10/02/2026)

Oct 02, 2026

Remark: Docket Item 4 mailed to the petitioner and emailed to usanyw-immigration-habeas@usdoj.gov. (RFI)

Oct 02, 2026

Remark: No filing fee or IFP received with case opening. (CT)

#5

Oct 05, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Director of Immigration and Customs Enforcement, Secretary of Department of Homeland Security, Warden of Buffalo Batavia Processing Center. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 10/05/2026)

#6

Oct 05, 2026

REPLY/RESPONSE to re 3 Text Order,, Set Deadlines, filed by Director of Immigration and Customs Enforcement, Secretary of Department of Homeland Security, Warden of Buffalo Batavia Processing Center. (Khalil, Adam) (Entered: 10/05/2026)

#7

Oct 05, 2026

CERTIFICATE OF SERVICE by Director of Immigration and Customs Enforcement, Secretary of Department of Homeland Security, Warden of Buffalo Batavia Processing Center re 6 Reply/Response (Khalil, Adam) (Entered: 10/05/2026)

#8

Oct 14, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Vince Moises Cruces Cariaco. On 10/1/2026, this Court ordered the respondents to respond to Cruces Cariaco's petition. See Docket Item 3. In response, the "[r]espondents acknowledge[d] that this Court's prior ruling [in Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (W.D.N.Y. 2025)] 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 6 at 1-2. 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 Cruces Cariaco 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 Cruces Cariaco 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, Cruces Cariaco's ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release Cruces Cariaco. On or before 10/22/2026, the respondents shall file a status report confirming that Cruces Cariaco 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 10/14/2026. (WTW) This was mailed to: the petitioner. (Entered: 10/14/2026)

Oct 14, 2026

Filing fee received: $5.00, receipt number 600002024 (CGJ)

Oct 14, 2026

Filing fee received: $5.00, receipt number 100010674 (CGJ)

#9

Oct 22, 2026

Letter filed by Director of Immigration and Customs Enforcement, Secretary of Department of Homeland Security, Warden of Buffalo Batavia Processing Center re bond hearing. (Khalil, Adam) (Entered: 10/22/2026)

#10

Oct 22, 2026

CERTIFICATE OF SERVICE by Director of Immigration and Customs Enforcement, Secretary of Department of Homeland Security, Warden of Buffalo Batavia Processing Center re 9 Letter (Khalil, Adam) (Entered: 10/22/2026)

#11

Oct 22, 2026

TEXT ORDER re 9 Letter filed by Director of Immigration and Customs Enforcement, Warden of Buffalo Batavia Processing Center, Secretary of Department of Homeland Security. The respondents have filed a letter, Docket Item 9, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 8, and that the petitioner was ordered released on bond. If either party believes there are any further issues properly before this Court, that party may show cause within 14 days of this order. If neither party shows 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 10/22/2026. (WTW) This was mailed to: the petitioner.Clerk to Follow up (Entered: 10/22/2026)