Western District of New York • 1:25-cv-00914

#1

Sep 22, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5582912.), filed by Mateo Joel Chavez-Chilel. (Attachments: # 1 Civil Cover Sheet)(Aisen, Aaron) (Entered: 09/22/2025)

Sep 23, 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. (LEB)

Sep 23, 2025

Case Assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (LEB)

#2

Oct 21, 2025

SCHEDULING ORDER that within 14 days of the date of this Order, Respondents shall file and serve an answer and a memorandum of law or motion to dismiss; and it is further ORDERED that Petitioner shall have 7 days after service of the answer or motion to dismiss to file a written response and ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 10/21/2025. (DDS) (Entered: 10/21/2025)

#3

Oct 24, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem (Khalil, Adam) (Entered: 10/24/2025)

#6

Nov 18, 2025

TEXT ORDER denying 4 Respondents' motion to dismiss for failure to state a claim and granting Petitioner's request for a bond hearing before an Immigration Judge.On September 22, 2025, Petitioner filed a petition for writ of habeas corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) because he "has not been, and will not be, provided with a bond hearing as required by law." ECF No. 1 par. 42; see also par. 40-43 (citing 8 C.F.R. § 236.1(d) and 1003.19(a)-(f)). Respondents have moved to dismiss the petition, arguing that Petitioner is lawfully detained under 8 U.S.C. § 1225(b)(2), and therefore not entitled to a bond hearing. ECF No. 4-1 at 6-11. Petitioner filed an opposition to the motion to dismiss. ECF No. 5.After considering the parties' papers and for the reasons stated in a forthcoming written decision, the Court concludes that Petitioner is being detained under 8 U.S.C. § 1226(a). Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. § 1226(a) (stating that non-citizens detained under 8 U.S.C. § 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. § 1236.1(d)(1); 8 C.F.R. § 1003.19(a) ("Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236."). If such bond hearing is not conducted within ten (10) days of the date of this text order, Petitioner shall be released from custody. Respondents shall file a status report no later than December 2, 2025, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody, in compliance with this text order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/18/2025. (MVP) (Entered: 11/18/2025)