Western District of New York • 6:26-cv-06020

#1

Jan 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5674116.), filed by Julio Andres Pomaquiza Lema. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Order of Release, # 3 Exhibit IJ Order of Withholding)(Borowski, Matthew) (Entered: 01/06/2026)

#2

Jan 06, 2026

NOTICE of Appearance by Siana Jody McLean on behalf of Julio Andres Pomaquiza Lema (McLean, Siana) (Entered: 01/06/2026)

#3

Jan 07, 2026

TTEXT ORDER re 1 Petition. The parties are advised that the Court intends to hold a hearing on the pending petition (Dkt. 1) and believes it would be reasonable under the circumstances to shorten the deadlines set forth in the Court's standing order for habeas petitions. Accordingly, on or before January 14, 2026, counsel are directed to meet and confer in an attempt to reach agreement on an abbreviated briefing schedule for this matter and to advise the Court of dates that they are mutually available for a hearing. If the parties cannot agree, they may submit competing proposals on or before the same date. The submissions should be made by letter and shall be filed on the docket. Absent submission(s) in accordance with this Text Order, the Court will sua sponte set the briefing schedule and schedule a hearing. In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition 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."). 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.Further, 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 01/07/2026. (MGB)Clerk to Follow up (Entered: 01/07/2026)

Jan 07, 2026

Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)

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. (TMK)

#4

Jan 08, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/08/2026)

Jan 08, 2026

Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. (RE)

#5

Jan 13, 2026

NOTICE by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re 3 Text Order,,,,,,,,, (Muller, Marvin) (Entered: 01/13/2026)

#6

Jan 13, 2026

TEXT ORDER granting 5 Proposal for Briefing. Respondents' response to the petition shall be due on or before January 30, 2026. Petitioner's reply shall be due on or before February 6, 2026. Oral argument on the petition is hereby set for February 11, 2026, at 3:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. Counsel must appear in person unless permission is granted to attend remotely based upon a request made at least 2 days prior to the appearance. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/13/2026. (MGB) (Entered: 01/13/2026)

#7

Jan 18, 2026

Letter filed by Julio Andres Pomaquiza Lema requesting video appearance for oral argument. (Borowski, Matthew) (Entered: 01/18/2026)

#8

Jan 19, 2026

TEXT ORDER granting 7 Letter Request for Leave to Appear by Remote Means. For good cause shown, counsel may appear remotely for the oral argument on February 11, 2026. The Court will provide instructions to appear remotely in advance of the argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/19/2026. (MGB) (Entered: 01/19/2026)

#9

Jan 28, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus, by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A)(Muller, Marvin) (Entered: 01/28/2026)

#10

Feb 06, 2026

Letter filed by Julio Andres Pomaquiza Lema in response to return to petition. (Borowski, Matthew) (Entered: 02/06/2026)

#11

Feb 11, 2026

DECISION AND ORDER granting 1 petition and ordering release from custody. Petitioner shall file a letter within 14 days regarding the need for an evidentiary hearing, and Respondents shall respond within 14 days thereafter. Signed by Hon. Elizabeth A. Wolford on 02/11/2026. (MGB)

#12

Feb 11, 2026

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Matthew K. Borowski, Esq. and Siana Jody McLean, Esq. on behalf of Petitioner (via video); Marvin J. Muller, III, AUSA on behalf of Respondents. Oral Argument re 1 PETITION for Writ of Habeas Corpus held on 2/11/2026. Petition granted to the extent that Petitioner is to be immediately released from custody; Decision and Order to be issued separately. Petitioner to file additional submission regarding their position regarding an evidentiary hearing as discussed on the record, within 14 days of the Decision and Order; Respondents' response is due within 14 days thereafter. (Court Reporter Karen Clark.) (DPS) (Entered: 02/13/2026)