Western District of New York • 6:25-cv-06090

#1

Feb 10, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5401831.), filed by Roberto Marroquin-Lima. (Attachments: # 1 Civil Cover Sheet)(Cisneros - Vilchis, Brenda) (Entered: 02/10/2025)

#2

Feb 11, 2025

NOTICE of Appearance by Aaron Jacob Aisen on behalf of Roberto Marroquin-Lima (Aisen, Aaron) (Entered: 02/11/2025)

Feb 11, 2025

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

Feb 11, 2025

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)

Feb 12, 2025

Please disregard docket entry filed in error: Clerk mailed 17 DECISION AND ORDER to John P. Bringewatt, County Attorney at Monroe County Law Department, 307 County Office Building, 39 W. Main Street, Rochester, NY 14614. (RE) Modified on 2/12/2025 (RE).

#3

Feb 21, 2025

ORDER re 1 Petition for Writ of Habeas Corpus filed by Roberto Marroquin-Lima. IT IS HEREBY ORDERED that within 45 days of the date of this Order, Respondent shall file and serve an answer responding to the allegations in the Petition. The Petitioner shall have 25 days after his receipt of the Respondent's answer or motion to dismiss to file a written response. The Clerk of Court shall serve a copy of the Petition, together with a copy of this 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. Signed by Hon. Elizabeth A. Wolford on 2/21/25. (Attachments: # 1 Petition)(RE) (Entered: 02/21/2025)

#4

Apr 07, 2025

NOTICE of Appearance by James E.B. Bobseine on behalf of Joseph E. Freden (Bobseine, James) (Entered: 04/07/2025)

#5

Apr 07, 2025

Letter filed by Joseph E. Freden Regarding Petition in Light of Black v. Decker. (Bobseine, James) (Entered: 04/07/2025)

#6

Apr 07, 2025

TEXT ORDER. The government has filed a letter conceding that under current Second Circuit case law, the Petition should be granted. (See Dkt. 5). On or before April 21, 2025, Petitioner shall submit a proposed order granting the Petition, that is acceptable as to form by the government. If Petitioner and the government are unable to reach an agreement as to the form of the proposed order, the parties may submit competing orders by the April 21 deadline. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/07/2025. (CAL) (Entered: 04/07/2025)

#7

Apr 21, 2025

Letter filed by Roberto Marroquin-Lima . (Attachments: # 1 Text of Proposed Order Petitioner's Text of Proposed Order, # 2 Text of Proposed Order Respondent's Text of Proposed Order, # 3 Text of Proposed Order Proposed Order with Redline Differences)(Cisneros - Vilchis, Brenda) (Entered: 04/21/2025)

#8

Apr 21, 2025

TEXT ORDER regarding 1 petition. Petitioner is held in custody by Respondent under 8 U.S.C. § 1226(c), and seeks a bond hearing. Respondent has acknowledged that pursuant to Black v. Decker, 103 F.4th 133 (2d Cir. 2024), the Court is likely to grant the requested relief. (Dkt. 5). The Court therefore requested that the parties submit a proposed order acceptable as to form granting the petition. (Dkt. 6). The parties disagree over some of the language in the proposed order—namely, whether the neutral decisionmaker at a bond hearing should consider alternatives to detention when assessing any risk of danger.After having carefully considered the issue, the Court is persuaded by the reasoning in Cantor v. Freden, ___ F. Supp. 3d ___, 2025 WL 39789 (W.D.N.Y. Jan. 7, 2025), and finds the Cantor reasoning and analysis equally applicable to Petitioner's situation. In other words, alternatives to detention are a necessary consideration when assessing whether the government has met its burden of proof to establish by clear and convincing evidence that Petitioner is a risk of flight or danger. Once making that assessment, if it is determined that the government has met its burden with respect to danger, then "a showing of dangerousness by clear and convincing evidence would foreclose any possibility of bond." Black, 103 F.4th at 159. On the other hand, if the government has not met its burden with respect to flight and danger, then the neutral decisionmaker in setting bond must consider ability to pay and alternative conditions of release. Id. at 158-59. Put simply, alternatives to detention are a necessary consideration both when assessing whether the government has met its burden of proof, and then when setting bond if it is determined that the government has not met its burden. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/21/2025. (KLJ) (Entered: 04/21/2025)

#9

Apr 21, 2025

ORDER re 1 Petition for Writ of Habeas Corpus filed by Roberto Marroquin-Lima granting a bond hearing before an Immigration Judge within 21 days of this Order. Respondent is directed to file a status update with the Court within seven (7) days of the date of a decision concerning Petitioner's bond hearing. The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case. Signed by Hon. Elizabeth A. Wolford on 4/21/25. (RE)

#10

Apr 21, 2025

JUDGMENT in favor of Roberto Marroquin-Lima. Signed by Mary C. Loewenguth, Clerk of Court on 4/21/25. (RE) (Entered: 04/21/2025)

#11

May 01, 2025

Letter filed by Joseph E. Freden Regarding Initial Bond Hearing. (Attachments: # 1 Exhibit A)(Bobseine, James) (Entered: 05/01/2025)

#12

May 15, 2025

Letter filed by Joseph E. Freden Regarding Immigration Judge Detention Decision. (Bobseine, James) (Entered: 05/15/2025)