Western District of New York • 6:25-cv-06528

#1

Sep 25, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11260790 Fee status: Filing Fee paid., filed by Marco Patricio Andrade Lozano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Hurvich, Carl) [Transferred from mad on 10/1/2025.] (Entered: 09/25/2025)

#2

Sep 25, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) [Transferred from mad on 10/1/2025.] (Entered: 09/25/2025)

#3

Sep 25, 2025

Judge Richard G. Stearns: ORDER entered. ORDER Concerning Service of Petition and Further Stay of Transfer or Removal. (CAM) [Transferred from mad on 10/1/2025.] (Entered: 09/25/2025)

#4

Sep 26, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition mailed to Patricia Hyde, Todd Lyons, and Kristi Noem on 9/26/2025. (CAM) [Transferred from mad on 10/1/2025.] (Entered: 09/26/2025)

#5

Sep 30, 2025

NOTICE of Appearance by Rayford A. Farquhar on behalf of Patricia Hyde, Todd M Lyons, Kristi L NOEM (Farquhar, Rayford) [Transferred from mad on 10/1/2025.] (Entered: 09/30/2025)

#6

Sep 30, 2025

Assented to MOTION to Transfer Case to Western District of New York. by Patricia Hyde, Todd M Lyons, Kristi L NOEM.(Farquhar, Rayford) [Transferred from mad on 10/1/2025.] (Entered: 09/30/2025)

#7

Oct 01, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion to Transfer Case to Western District of New York. (JAM) [Transferred from mad on 10/1/2025.] (Entered: 10/01/2025)

#8

Oct 01, 2025

Case transferred to Western District of New York;. Original file sent to Clerk in that district. (JAM) [Transferred from mad on 10/1/2025.] (Entered: 10/01/2025)

#9

Oct 01, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-12760. (Entered: 10/01/2025)

Oct 01, 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. (CGJ)

Oct 01, 2025

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of electronic case transfer. (CGJ)

#10

Oct 02, 2025

ORDER TO SHOW CAUSE. File Pro Hac Vice Admission/secure local counsel by 10/6/25. Amended Petition due by 10/6/25. Respondent Response due by 10/8/2025. Petitioner Reply due by 10/9/2025. Show Cause Hearing set for 10/10/2025 10:00 AM before Hon. Meredith A. Vacca. Signed by Hon. Meredith A. Vacca on 10/2/25. (Attachments: # 1 Petition) See Order for complete details. (JHF)This was mailed to: Carl Hurvich, Brooks Law, 10 High Street, Ste 3 Medford, MA 02155. (Entered: 10/02/2025)

#11

Oct 06, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Patricia Hyde, Todd M. Lyons, Kristi L. Noem (Khalil, Adam) (Entered: 10/06/2025)

#12

Oct 06, 2025

Letter filed by Patricia Hyde, Todd M. Lyons, Kristi L. Noem stipulating to custodians. (Khalil, Adam) (Entered: 10/06/2025)

#13

Oct 06, 2025

AMENDED COMPLAINT Amended Petition for Writ of Habeas Corpus against Patricia Hyde, Todd M. Lyons, Kristi L. Noem, Joseph Freden, filed by Marco Patricio Andrade Lozano.(Hurvich, Carl) (Entered: 10/06/2025)

#14

Oct 06, 2025

MOTION Remote Appearance by Marco Patricio Andrade Lozano. (Attachments: # 1 Text of Proposed Order)(Hurvich, Carl) (Entered: 10/06/2025)

#15

Oct 07, 2025

TEXT ORDER granting 14 Petitioners request for a remote appearance. Hearing scheduled for Friday, 10/10/2025 shall be virtual. Call-in instructions to follow. SO ORDERED. Signed by Hon. Meredith A. Vacca on 10/7/2025. (KSP) (Entered: 10/07/2025)

#16

Oct 07, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Patricia Hyde, Todd M. Lyons, Kristi L. Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/07/2025)

#17

Oct 09, 2025

REPLY to Response to Motion re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Marco Patricio Andrade Lozano. (Attachments: # 1 Exhibit)(Hurvich, Carl) (Entered: 10/09/2025)

#18

Oct 10, 2025

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Show Cause Hearing held on 10/10/2025. Appearances: Carl H. Hurvich, Esq. for Plaintiff; Adam A. Khalil, AUSA, for Defendants. Court hears oral arguments from both parties. Court reserves decision and will issue written decision at later date. (Court Reporter Joony Odenbach.) (KSP) (Entered: 10/10/2025)

#19

Oct 14, 2025

Letter filed by Joseph Freden, Patricia Hyde, Todd M. Lyons, Kristi L. Noem with warrant for arrest and notice to appear. (Khalil, Adam) (Entered: 10/14/2025)

#20

Oct 17, 2025

TEXT ORDER denying 16 Respondents' Motion to Dismiss and granting Petitioner's request for Respondents' to hold a bond hearing before an immigration judge. On September 25, 2025, Petitioner filed a Petition for a 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 Nos. 1 par. 27; 13 par. 28. Pending before the Court is Respondents' Motion to Dismiss, wherein they argue that the Petition must be dismissed due to Petitioner's failure to exhaust his administrative remedies by requesting a bond haring and, in any event, that Petitioner is lawfully detained under 8 U.S.C. § 1225(b). The Court heard oral argument from counsel for both parties on October 10, 2025.The Court declines to require exhaustion of administrative remedies under the circumstances and concludes that Petitioner is being detained under § 1226(a). Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. § 1226(a) (stating that noncitizens detained under § 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. § 1236.1(d)(1).Furthermore, given that Petitioner is detained pursuant to § 1226(a), the Court finds that the denial of a bond hearing violates his procedural due process rights. All three of the factors set forth in Mathews v. Eldridge, 424. U.S. 319 (1976) weigh decidedly in Petitioner's favor. For the reasons stated above and in a forthcoming written decision that will fully discuss the Court's rationale, Respondents' Motion to dismiss 16 is denied and the Amended Petition for a Writ of Habeas Corpus 13 is granted, but only with respect to Petitioner's request for a bond hearing before an immigration judge. Respondents shall conduct a constitutionally adequate bond hearing on or before October 23, 2025, where the Government bears the burden of proving by clear and convincing evidence that Petitioner's continued detention is justified based on his dangerousness to the community or risk of flight. B.S. v. Joyce, No. 22-CV-9738 (PKC), 2023 WL 1962808, at *4-5 (S.D.N.Y. Feb. 13, 2023). Respondents shall file a status report on or before October 24, 2025, stating whether Petitioner has been granted a bond hearing in compliance with this Order. If such bond hearing is not conducted by October 23, 2025, Petitioner shall be released from custody. SO ORDERED. Signed by Hon. Meredith A. Vacca on 10/17/2025. (MVP) (Entered: 10/17/2025)

#21

Oct 24, 2025

STATUS REPORT re bond hearing by Joseph Freden, Patricia Hyde, Todd M. Lyons, Kristi L. Noem. (Khalil, Adam) (Entered: 10/24/2025)

#22

Oct 24, 2025

Letter filed by Joseph Freden, Patricia Hyde, Todd M. Lyons, Kristi L. Noem re: conclusion of bond hearing; bond set at $15,000. (Khalil, Adam) (Entered: 10/24/2025)

#23

Dec 05, 2025

Letter filed by Marco Patricio Andrade Lozano . (Attachments: # 1 Exhibit Bond Order)(Hurvich, Carl) (Entered: 12/05/2025)