Western District of New York • 6:26-cv-06233

#1

Feb 23, 2026

PETITION for Writ of Habeas Corpus (Filing fee $ 5.00, receipt number 500004327) filed by Edwin Jose Juarez Orozco, Eyra Lisseth Tinoco Molina. (Mailing envelope included) (meb) [Transferred from nynd on 2/23/2026.] (Entered: 02/23/2026)

#2

Feb 23, 2026

TEXT ORDER: Petitioner seeks federal habeas relief, pursuant to § 28 U.S.C. 2241, challenging his unlawful custody in Buffalo Federal Detention Facility in Batavia, NY. "Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should... file the petition in the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). Buffalo Federal Detention Facility in Batavia, NY is located in Genesee County, New York, in the Western District of New York ("Western District"). See 28 U.S.C. § 112(d). Consequently, the action shall be transferred to the Western District and, given the significant liberty interests at stake and the time-sensitivity of petitioner's claims, this Court waives the seven-day waiting period customarily afforded under the Local Rules and respectfully directs the Clerk to effectuate the transfer as soon as possible. SO ORDERED by U.S. District Judge Anthony J. Brindisi on 2/23/2026. (Copy served via regular mail)(meb) [Transferred from nynd on 2/23/2026.] (Entered: 02/23/2026)

#3

Feb 23, 2026

Case transferred in from District of New York Northern; Case Number 9:26-cv-00284. (Entered: 02/23/2026)

#4

Feb 23, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 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. In addition, this Court issued Decision and Orders in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226, and not § 1225. The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo, 2025 WL 3290694, at *4-5. In deciding whether the government has met their burden of proof, the IJ must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in continued detention and if the IJ finds that the government has not met this burden, then in setting any bond the IJ must consider ability to pay and alternative conditions of release. Id.Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before March 2, 2026, whether, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that petitioner Edwin Jose Juarez Orozco ("Petitioner") receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that 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, Petitioner's ability to pay.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as 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.Further, the Clerk's Office is directed to serve a copy of the petition and this Text 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. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/23/2026. (EKH)This was mailed to: Petitioners.Clerk to Follow up (Entered: 02/23/2026)

Feb 23, 2026

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. Remark: Plaintiff has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge and a Civil Case Timeline. (JLH)

Feb 23, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of electronic case transfer. (JLH)

#5

Feb 24, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Kristi Noem, U.S. Department of Homeland Security (Khalil, Adam) (Entered: 02/24/2026)

#6

Feb 24, 2026

Letter filed by Pamela Bondi, Kristi Noem, U.S. Department of Homeland Security re petitioner's grant of voluntary departure and transfer out of WDNY prior to filing of habeas petition. (Khalil, Adam) (Entered: 02/24/2026)

#7

Feb 24, 2026

CERTIFICATE OF SERVICE by Pamela Bondi, Kristi Noem, U.S. Department of Homeland Security re 6 Letter, 5 Notice of Appearance (Khalil, Adam) (Entered: 02/24/2026)