Western District of New York • 6:26-cv-06076

#1

Jan 20, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5688475.), filed by Stalin Junior Fermin Javier. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 01/20/2026)

#2

Jan 21, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), finding 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. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before January 28, 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 at which the government bears the burden to demonstrate, by clear and convincing evidence, that 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, Petitioner's ability to pay.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 01/21/2026. (MGB)Clerk to Follow up (Entered: 01/21/2026)

Jan 21, 2026

Clerk regenerated 2 Text Order and emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

Jan 21, 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 21, 2026

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

#3

Jan 22, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/22/2026)

#4

Jan 22, 2026

REPLY/RESPONSE to re 2 Text Order, filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Supplement IJ Bond Order) (Muller, Marvin) (Entered: 01/22/2026)

#5

Jan 22, 2026

TEXT ORDER. In a response (Dkt. 4) to the Court's Order to Show Cause (Dkt. 2), Respondents raise an argument that this case is distinguishable from the issues resolved in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025). In light of this argument, the Court will afford Petitioner an opportunity to respond to Respondents' response to the Order to Show Cause. Petitioner's response is due on or before January 29, 2026. Respondents shall submit a reply to Petitioner's filing on or before February 5, 2026, to more fully address this argument. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/22/2026. (MGB). (Entered: 01/22/2026)

#6

Jan 27, 2026

AMENDED PETITION for Writ of Habeas Corpus filed by Stalin Junior Fermin Javier. (Attachments: # 1 Civil Cover Sheet) (Borowski, Matthew) Modified on 1/28/2026 (JHF). (Entered: 01/27/2026)

#7

Jan 27, 2026

Letter filed by Stalin Junior Fermin Javier in response to Text Order at Doc. 5. (Borowski, Matthew) (Entered: 01/27/2026)

Jan 28, 2026

E-Filing Notification: Clerk revised the docket text of 6 to "AMENDED PETITION for Writ of Habeas Corpus" to reflect the correct filing event. (JHF)

#8

Jan 29, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/29/2026)

#9

Feb 02, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Muller, Marvin) (Entered: 02/02/2026)

#10

Feb 02, 2026

TEXT ORDER re 9 Motion to Dismiss. Responses are due on or before February 17, 2026. Replies are due on or before February 24, 2026. In their papers, the parties shall expressly address the factors set forth in the balancing test in Mathews v. Eldridge, 424 U.S. 319 (1976), and whether they warrant granting a bond hearing at which the government bears the burden of proof. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/02/2026. (MGB) (Entered: 02/02/2026)

#13

Mar 20, 2026

DECISION AND ORDER granting 1 petition to the extent Petitioner seeks a bond hearing; denying 9 Motion to Dismiss. Signed by Hon. Elizabeth A. Wolford on 3/20/2026. (EKH)Clerk to Follow up