Western District of New York • 1:25-cv-00943
Nevarez Jurado v. Freden
Active
Case Information
Filed: September 27, 2025
Assigned to:
Lawrence Joseph Vilardo
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 05, 2025
Parties:
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Docket Entries
#1
Sep 27, 2025
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5587802.), filed by Tomas Eduardo Nevarez Jurado. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit U Visa Letter)(Borowski, Matthew) (Entered: 09/27/2025)
Main Document:
Emergency PETITION
#2
Sep 28, 2025
Emergency MOTION for Temporary Restraining Order by Tomas Eduardo Nevarez Jurado.(Borowski, Matthew) (Entered: 09/28/2025)
Main Document:
Emergency MOTION
#3
Sep 28, 2025
TEXT ORDER granting 2 Emergency MOTION for Temporary Restraining Order filed by Tomas Eduardo Nevarez Jurado. 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, the motion for a temporary restraining order filed by the petitioner, Docket Item 2, is temporarily granted pending briefing and oral argument. More specifically, the respondents are temporarily enjoined from deporting the petitioner. The Court will contact the parties to promptly schedule oral argument. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/28/2025. (RFI) (Entered: 09/28/2025)
#4
Sep 28, 2025
TEXT ORDER re 1 Emergency Petition for Writ of Habeas Corpus filed by Tomas Eduardo Nevarez Jurado. Status Conference set for 9/29/2025 at 10:30 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/28/2025. (RFI) (Entered: 09/28/2025)
Sep 28, 2025
E-filing Notification: Please disregard most recent docket entry; case will remain assigned to Hon. Lawrence J. Vilardo. Hon. John L. Sinatra, Jr. no longer assigned to the case. (LB)
Sep 28, 2025
Case reassigned to Hon. John L. Sinatra, Jr. Hon. Lawrence J. Vilardo no longer assigned to the case. Notification to chambers of online civil opening. (LB)
Sep 28, 2025
Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil case opening. (LB)
#5
Sep 29, 2025
MEMORANDUM/BRIEF re 1 Petition for Writ of Habeas Corpus by Tomas Eduardo Nevarez Jurado. (Attachments: # 1 Exhibit ICE Directive 11005.3)(Borowski, Matthew) (Entered: 09/29/2025)
Main Document:
MEMORANDUM/BRIEF
#6
Sep 29, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 09/29/2025)
Main Document:
NOTICE
Sep 29, 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. (JLH)
#9
Nov 05, 2025
TEXT ORDER: On November 4, 2025, this Court issued a decision and order in Alvarez Ortiz v. Noem, Case No. 25-cv-960, Docket Item 16 (W.D.N.Y. Nov. 4, 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, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 14, 2025, why, in light of that decision, (1) the petition in this case should not be granted, and (2) the Court should not order that the petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that the 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, the petitioner's ability to pay. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/5/2025. (RFI) (Entered: 11/05/2025)
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