Northern District of New York • 9:26-cv-00118

#1

Jan 23, 2026

PETITION for Writ of Habeas Corpus filed by Julian Alcon Gaspar. (Attachments: # 1 Exhibit(s) Order Granting Motion to Terminate, # 2 Exhibit(s) I-360 Approval, # 3 Civil Cover Sheet)(nas ) (Entered: 01/23/2026)

#2

Jan 23, 2026

ORDER TO SHOW CAUSE: It is ORDERED that Respondents appear before the United States District Court for the Northern District of New York, located at 100 S. Clinton Street, Syracuse, New York 13261, on Thursday, February 5, 2026, at 10:30 AM and SHOW CAUSE why the Petition for Writ of Habeas Corpus should not be granted. It is FURTHER ORDERED that Respondents file a response to the Petition no later than Tuesday, January 27, 2026. It is FURTHER ORDERED that Petitioner shall have the opportunity to file a reply by Thursday, January 29, 2026. It is FURTHER ORDERED that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved. It is FURTHER ORDERED that Petitioner is directed to serve the Petition and this Order to Show Cause on Respondents and file a certificate of service by Monday January 26, 2026. Signed by Chief Judge Brenda K. Sannes on 1/23/2026. (nmk) (Entered: 01/23/2026)

Jan 23, 2026

Filing fee: $ 5.00, receipt number 27V05FPH (nas )

Jan 23, 2026

Filing Fee Received

#3

Jan 25, 2026

Letter Motion from Petitioner's Counsel Informing Court of Waiver of Service and Requesting Remote Appearance for Julian Alcon Gaspar requesting Remote Appearance submitted to Judge Sannes . (Borowski, Matthew) (Entered: 01/25/2026)

#4

Jan 27, 2026

TEXT ORDER: granting the 3 Letter Requesting Remote Appearance. The hearing set for Thursday, February 5, 2026, at 10:30 AM will be held via video. The clerk will provide counsel with a Microsoft Teams link to appear for the hearing. SO ORDERED by Chief Judge Brenda K. Sannes on 1/27/2026. (Copies served upon defendants via email.) (nmk) (Entered: 01/27/2026)

#5

Jan 27, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Frederick J. Akshar, II. (Attachments: # 1 Exhibit(s))(Terrell, Joshua) (Entered: 01/27/2026)

#6

Jan 27, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Declaration of Michael Fisher, ICE Deportation Officer, # 2 Exhibit(s) A to Fisher Decl., # 3 Declaration of Emer M. Stack, AUSA, # 4 Exhibit(s) A to Stack Decl.)(Stack, Emer) (Entered: 01/27/2026)

Jan 27, 2026

Order on Letter Request

#7

Jan 28, 2026

AFFIDAVIT re 5 Response to Habeas Petition Certificate of Service by Frederick J. Akshar, II. (Terrell, Joshua) (Entered: 01/28/2026)

#8

Jan 28, 2026

STATUS REPORT regarding citation to Qiwei Weng v. Genalo by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Stack, Emer) (Entered: 01/28/2026)

#9

Jan 29, 2026

Reply to re 6 Response to Habeas Petition, Petitioner's Traverse by Julian Alcon Gaspar. (Borowski, Matthew) (Entered: 01/29/2026)

#10

Feb 05, 2026

ORDER: It is ORDERED that the Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED. It is further ORDERED that Respondents shall immediately release Petitioner Julian Alcon Gaspar from custody. It is further ORDERED that Respondents shall certify compliance with this Order by filing a status report by 5 p.m., February 6, 2026. It is further ORDERED that having considered the particular circumstances of this case and Mathews v. Eldridge, 424 U.S. 319 (1976), Petitioner Julian Alcon Gaspar shall not be re-detained without adequate notice to Petitioner and his counsel, and without an opportunity to be heard at a hearing where the Government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a) and the burden to demonstrate by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk. It is further ORDERED that pending the issuance of any final removal order against Petitioner Julian Alcon Gaspar, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances, consistent with the Courts oral order. Signed by Chief Judge Brenda K. Sannes on 2/5/2026. (nmk) (Entered: 02/05/2026)

#11

Feb 05, 2026

STATUS REPORT pursuant to Dkt. 10 by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 ICE Order)(Stack, Emer) (Entered: 02/05/2026)

Feb 05, 2026

Omnibus Hearing

Feb 05, 2026

TEXT Minute Entry for Motion Hearing held on 2/5/2026 via video before Chief Judge Brenda K. Sannes re 1 Petition: After questioning counsel and considering counsel's arguments, the court grants the 1 petition and orders the immediate release of petitioner. Respondents shall certify compliance with this Court's Order by filing a status report by 2/6/2026 at 5:00 p.m. Respondents are enjoined from denying bond to the petitioner in any subsequent proceeding on the grounds that he must be detained under 18 U.S.C. 1225(b)(2)(A) absent a change in relevant circumstances that would be consistent with the court's ruling. The court will issue a written order shortly. Appearances: Matthew Borowski, Esq. for petitioner; Emer Stack, Esq. and Joshua Terrell, Esq. for respondents. (Court Reporter: Hannah Cavanaugh. Time: 10:30 a.m. - 11:09 a.m.) (nmk) Modified on 2/5/2026 to clarify minute entry. (nmk)

#12

Feb 06, 2026

STATUS REPORT pursuant to Dkt. 10 by Frederick J. Akshar, II. (Attachments: # 1 Exhibit(s))(Terrell, Joshua) (Entered: 02/06/2026)

#13

Feb 17, 2026

MEMORANDUM-DECISION AND ORDER: It is ORDERED that the Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED; and it is further ORDERED that pending the issuance of any final removal order against Petitioner Julian Alcon Gaspar, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances, consistent with this Memorandum-Decision and Order; and it is further ORDERED that Petitioner's request for reasonable attorney's fees and costs under the EAJA is GRANTED and any request for such fees and costs shall be filed by March 3, 2026, with any response filed by March 13, 2026; and it is further ORDERED that the Clerk of the Court enter judgment accordingly and close this case. Signed by Chief Judge Brenda K. Sannes on 2/17/2026. (meb) (Entered: 02/17/2026)

#14

Feb 17, 2026

JUDGMENT: IT IS ORDERED AND ADJUDGED that the Petition for a writ of habeas corpus (Dkt. No. 1 ) is GRANTED; and it is further ORDERED that pending the issuance of any final removal order against Petitioner Julian Alcon Gaspar, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances, consistent with the Memorandum-Decision and Order; and it is further ORDERED that Petitioner's request for reasonable attorney's fees and costs under the EAJA is GRANTED and any request for such fees and costs shall be filed by March 3, 2026, with any response filed by March 13, 2026; and it is further ORDERED that the Clerk of the Court enter judgment accordingly and close this case. (meb) (Entered: 02/17/2026)

#15

Mar 06, 2026

Letter Motion from Matthew Borowski for Julian Alcon Gaspar requesting EAJA fees submitted to Judge Sannes . (Attachments: # 1 EAJA Fee Application)(Borowski, Matthew) (Entered: 03/06/2026)

Mar 10, 2026

TEXT NOTICE of Hearing re 15 Letter Motion requesting EAJA fees: Respondents' Response is due by 3/20/2026. (nmk)

#16

Mar 20, 2026

RESPONSE in Opposition re 15 Letter Request/Motion filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Declaration of Emer M. Stack, AUSA, # 2 Exhibit(s) A to Stack Decl., # 3 Exhibit(s) B to Stack Decl.)(Stack, Emer) (Entered: 03/20/2026)

#17

Mar 25, 2026

NOTICE by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney of Supplemental Authority (Attachments: # 1 Exhibit(s) Avila v. Bondi, No. 25-3248 (8th Cir. Mar. 25, 2026))(Stack, Emer) (Entered: 03/25/2026)

#18

Jul 31, 2026

Letter Request/Motion