Western District of New York • 6:26-cv-06079

#1

Jan 21, 2026

PETITION for Writ of Habeas Corpus, filed by Jose Franklin Guaraca-Roldan. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(RE) (Entered: 01/22/2026)

#2

Jan 21, 2026

MOTION for Temporary Restraining Order by Jose Franklin Guaraca-Roldan.(RE) (Entered: 01/22/2026)

Jan 22, 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to Petitioner. (RE)

Jan 22, 2026

Filing fee received on 1/21/26 in the amount of $5.00, receipt number 100008810. (RE)

#3

Jan 23, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. 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 30, 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 grants the motion for a temporary restraining order to the extent that Respondents are temporarily enjoined 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. 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 01/23/2026. (MGB)Clerk to Follow up (Entered: 01/23/2026)

Jan 23, 2026

Clerk regenerated 3 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. (RE)

Jan 23, 2026

Remark: Clerk mailed a copy of #3 TEXT ORDER to Jose Franklin Guaraca-Roldan on 1/23/26. (OEO)

#4

Jan 26, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals (Khalil, Adam) (Entered: 01/26/2026)

#5

Jan 26, 2026

REPLY/RESPONSE to re 3 Order on Motion for TRO,,,,,,,,,, filed by Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals. (Khalil, Adam) (Entered: 01/26/2026)

#6

Jan 26, 2026

ORDER granting 1 Petition to the extent Petitioner seeks a bond hearing.Signed by Hon. Elizabeth A. Wolford on 01/26/2026. (MGB)

Jan 27, 2026

Remark: Clerk mailed a copy of #6 Order to Petitioner on 1/27/2026. (OEO)

#7

Jan 29, 2026

CERTIFICATE OF SERVICE by Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals re 4 Notice of Appearance, 5 Reply/Response (Khalil, Adam) (Entered: 01/29/2026)

#8

Jan 30, 2026

Letter filed by Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals re bond hearing. (Khalil, Adam) (Entered: 01/30/2026)

#9

Feb 02, 2026

TEXT ORDER. On January 30, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 8). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before February 23, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/02/2026. (JKS)This was mailed to: Petitioner. (Entered: 02/02/2026)

#10

Feb 02, 2026

STATUS REPORT and supplemental brief by Jose Franklin Guaraca-Roldan. (DMK) (Entered: 02/03/2026)

#11

Feb 03, 2026

TEXT ORDER re 10 Status Report. Petitioner has filed a status report arguing that the Immigration Judge did not appropriately consider the evidence at the bond hearing. (Dkt. 10). The Court construes Petitioner's filing as a motion to enforce the Court's January 26, 2026, Order (Dkt. 6). Responses to the motion to enforce are due on or before February 17, 2026. Respondents are directed to provide a copy of the transcript with their response. Petitioner may file a reply on or before February 27, 2026. The matter will be resolved without oral argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/03/2026. (JKS).This was mailed to: Petitioner. (Entered: 02/03/2026)

#12

Feb 11, 2026

NOTICE of Appearance by Japheth N. Matemu on behalf of Jose Franklin Guaraca-Roldan (Matemu, Japheth) (Entered: 02/11/2026)

#13

Feb 12, 2026

REPLY/RESPONSE to re 11 Text Order,, re motion to enforce filed by Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals. (Khalil, Adam) (Entered: 02/12/2026)

#14

Feb 17, 2026

Letter filed by Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals re transcript not yet recieved. (Khalil, Adam) (Entered: 02/17/2026)

#15

Feb 17, 2026

Letter filed by Thomas P. Brophy, Joseph Freden, Merrick Garland, Todd M. Lyons, Kristi Noem, Jeffrey Seals with copy of transcript of bond hearing. (Khalil, Adam) (Entered: 02/17/2026)