Western District of New York • 6:26-cv-06017

#1

Jan 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5674121.), filed by Raul Steve Montero Callirgos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 01/06/2026)

Jan 07, 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. 636c 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. (CGJ)

Jan 07, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (CGJ)

#2

Jan 12, 2026

TEXT ORDER TO SHOW CAUSE: Petitioner Raul Steve Montero Callirgos, a citizen of Peru, filed the instant petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 6, 2026, while being held as a civil immigration detainee at the Buffalo Field Office. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). He seeks a writ of habeas corpus requiring - among other things - that Respondents release him unless he is provided with a bond hearing within 7 days pursuant to 8 U.S.C. § 1226(a). ECF No. 1.28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." In light of the Court's prior orders on this issue, including its decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), Respondents are herebyORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further,ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and a copy of 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; and it is further ORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless 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," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/12/26. (MVP)Clerk to Follow up (Entered: 01/12/2026)

#3

Jan 14, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 01/14/2026)

#4

Jan 14, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re OTSC. (Khalil, Adam) (Entered: 01/14/2026)

Jan 14, 2026

Clerk sent a copy of 1 Petition and 2 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (DMK)

#5

Jan 16, 2026

TEXT SCHEDULING ORDER. The Court is in receipt of Respondents' letter of January 14, 2026. ECF No. 4. Respondents maintain that this case is distinguishable from cases such as Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575, (W.D.N.Y. Nov. 25, 2025) in that Petitioner is allegedly an arriving alien subject to expedited removal under 8 U.S.C. § 1225(b)(1). Respondents state that it will take approximately 14 to 21 days to obtain Petitioner's full alien file, and additional time to draft and file a memorandum of law that will provide "a solid foundation" upon which the parties can base their arguments and the Court can render a decision. Respondents' request is GRANTED IN PART, and DENIED IN PART. For good cause shown, Respondents' request for an extension is granted; however, it is hereby ORDERED that Respondents shall have only 21 days from the date of this order to show cause why the relief Petitioner seeks in his petition pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by any relevant exhibits from Petitioner's alien file that will be helpful to resolution of this Petition, and a supporting declaration as necessary. To the extent Respondents are not able to obtain or review Petitioner's full file in time to draft a complete memorandum of law, Respondents are directed to provide a preliminary response to the petition, specify what contents of the file they have been unable to obtain, identify which issues in the petition they are unable to address due to the absence of records, and provide a more precise estimate of the time required to supplement their arguments. To the extent necessary, and at the Court's discretion, Respondents may upon motion be permitted to subsequently file a supplemental brief with additional argument and exhibits. It is further ORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response. Consistent with the Court's original order to show cause [ECF No. 2], Respondents shall refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/16/2026. (MVP) (Entered: 01/16/2026)

#6

Feb 03, 2026

TEXT SCHEDULING ORDER. GRANTING Extension of Time for deadline for Defendant's response to the petition, with the consent of Petitioner, to 2/8/2026 at 11:59PM. Signed by Hon. Meredith A. Vacca on 2/3/2026. (KSP) (Entered: 02/03/2026)

#7

Feb 04, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Declaration of DO Ortman, # 2 Exhibit A to Ortman Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 02/04/2026)