Western District of New York • 1:25-cv-00945

#1

Sep 27, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5587838.), filed by Florentin Mendez Mendez. (Attachments: # 1 Civil Cover Sheet)(Aisen, Aaron) (Entered: 09/27/2025)

#2

Sep 29, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Florentin Mendez Mendez. The respondents shall provide 72 hours' notice to both the petitioner and the Court before removing or transferring the petitioner outside the Western District of New York. The Court will contact the parties to schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/29/2025. (RFI) (Entered: 09/29/2025)

#3

Sep 29, 2025

TEXT ORDER. Status Conference set for 9/30/2025 at 3:00 PM 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 9/29/2025. (CMD) (Entered: 09/29/2025)

Sep 29, 2025

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLH)

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)

#4

Sep 30, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem (Khalil, Adam) (Entered: 09/30/2025)

#5

Sep 30, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re: 1 Petition for Writ of Habeas Corpus held on 9/30/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Respondents' response is due by 11/14/2025. Petitioner's reply is due by 12/1/2025. If necessary, the Court will schedule oral argument at a later time. Court will issue an amended text order in response to Attorney Aisen's inquiry as to notice of petitioner's removal from outside of the WDNY. An amended text order will be issued. Attorney Pomerleau will submit an attorney admission application to the Court and should be admitted by late October. Appearances by Teams Video Conference. For petitioner: Aaron Aisen and Todd Pomerleau. For respondents: AUSA Adam Khalil. (Court Reporter Teams Video Conference.) (CMD) (Entered: 09/30/2025)

#6

Oct 01, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Florentin Mendez Mendez. As stated on the record, 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 respondents are temporarily enjoined from deporting the petitioner outside the United States. SO ORDERED. Issue by Hon. Lawrence J. Vilardo on 10/1/2025. (RFI) (Entered: 10/01/2025)

#7

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)

#8

Nov 13, 2025

REPLY/RESPONSE to re 7 Text Order,,,, filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem. (Khalil, Adam) (Entered: 11/13/2025)

#9

Nov 18, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Florentin Mendez Mendez. On November 5, 2025, this Court ordered the respondents to show cause "why, in light of [this Court's] decision [in Alvarez Ortiz v. Noem, Case No. 25-cv-960, Docket Item 16 (W.D.N.Y. Nov. 4, 2025)], (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." Docket Item 7. In response, the "[r]espondents acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz] concerning similar challenges to the government policy or practice at issue in this case, and the common question of law between this case and those rulings, would control the result in this case should the Court adhere to its legal reasoning in those prior decisions." Docket Item 8 at 1. The respondents have reserved all rights, including the right to appeal, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. Accordingly, for the reasons explained in Alvarez Ortiz, this Court GRANTS the petition and ORDERS the respondents to provide the petitioner, Florentin Mendez Mendez, with an individualized bond hearing before an immigration judge within seven calendar days of the date of this order. At that hearing, the government shall bear the burden to demonstrate, by clear and convincing evidence, that the petitioner is a danger to the community or a flight risk. At that bond hearing, the immigration judge must consider non-bond alternatives to detention or, if setting a bond, the petitioners ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release the petitioner. On or before November 26, 2025, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this decision and order or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/18/2025. (RFI) (Entered: 11/18/2025)

#10

Nov 24, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem re bond hearing held. (Khalil, Adam) (Entered: 11/24/2025)

#11

Dec 01, 2025

TEXT ORDER re 10 Letter filed by Kristi Noem, Todd M. Lyons, Joseph E. Freden, Pamela Bondi. The respondents have filed a letter, Docket Item 10, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 9, and that the petitioner was ordered released on bond. If the petitioner believes there are any further issues properly before this Court, he may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of Court shall close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/1/2025. (RFI)Clerk to Follow up (Entered: 12/01/2025)

#12

Dec 16, 2025

JUDGMENT in favor of Florentin Mendez Mendez against Joseph E. Freden, Kristi Noem, Pamela Bondi, Todd M. Lyons. Signed by Mary C. Loewenguth, Clerk of Court on 12/16/2025. (CGJ) (Entered: 12/16/2025)