Western District of New York • 6:26-cv-06237

#1

Feb 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5727902.), filed by Bayran Esteban Hernandez Cruz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Aisen, Aaron) (Entered: 02/23/2026)

#2

Feb 24, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Brayan Esteban Hernandez Cruz.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 removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also are enjoined from transferring the petitioner to any district outside the Western District of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). In Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025), this Court held 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. The Court further held "that constitutional due process requires the government to bear the burden of proving by clear and convincing evidence that the individual is either a danger to the community or a flight risk even at an initial bond hearing under section 1226(a)." Id. at *12. And in Cabrera Martinez v. Marich, --- F.Supp.3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. It appears that the holding of Alvarez Ortiz and/or Cabrera Martinez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 3/3/2026, why, in light of one or both of those decisions, (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 2/24/2026. (DDC) (Entered: 02/24/2026)

Feb 24, 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. (DMK)

Feb 24, 2026

Case Assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (DMK)

#3

Feb 25, 2026

TEXT ORDER: Based on the petitioner's informal request, he may respond to the government's submission, see Docket Item 2, by 3/10/2026. The government may reply by 3/17/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2026. (DDC) (Entered: 02/25/2026)

#4

Feb 25, 2026

TEXT ORDER: The government has informally indicated that the petitioner, Hernandez Cruz, was transferred to a facility outside the Western District of New York before the Court issued its order enjoining transfer and removal, see Docket Item 2. The petitioner does not contest that the transfer was prior to the issuance of this Court's order. Therefore, the government did not violate that order by transferring Hernandez Cruz. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2026. (DDC) (Entered: 02/25/2026)

#5

Feb 26, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, in her official capacity as Attorney General of the United States, Todd M. Lyons, in his official capacity as Acting Director of ICE, Kristi Noem, in her official capacity of Secretary of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director (Khalil, Adam) (Entered: 02/26/2026)

#6

Feb 26, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,, filed by Pamela Bondi, in her official capacity as Attorney General of the United States, Todd M. Lyons, in his official capacity as Acting Director of ICE, Kristi Noem, in her official capacity of Secretary of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director. (Khalil, Adam) (Entered: 02/26/2026)

#7

Mar 10, 2026

REPLY/RESPONSE to re 6 Reply/Response, filed by Bayran Esteban Hernandez Cruz. (Attachments: # 1 Copy of Garber v. Akshar)(Aisen, Aaron) (Entered: 03/10/2026)

Mar 16, 2026

E-Filing Notification: 1 PETITION for Writ of Habeas Corpus. Petitioner's name was misspelled. Clerk update name to correct spelling of Brayan instead of Bayran. No action required. (DMK)

#8

Mar 20, 2026

TEXT ORDER re 7 Reply/Response filed by Brayan Esteban Hernandez Cruz. The petitioner argues that he was "paroled into the United States" upon receiving Special Immigrant Juvenile Status, and his parole has not been terminated. See Docket Item 7 at 3. Accordingly, the government shall SHOW CAUSE by 3/25/2026 why the petitioner is not entitled to immediate release under this Court's decision in Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128, 146 (W.D.N.Y. 2025).SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/20/2026. (DDC) (Entered: 03/20/2026)

#9

Mar 23, 2026

Letter filed by Pamela Bondi, in her official capacity as Attorney General of the United States, Todd M. Lyons, in his official capacity as Acting Director of ICE, Kristi Noem, in her official capacity of Secretary of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director in response to OTSC re: parole and immediate release. (Khalil, Adam) (Entered: 03/23/2026)

#10

Mar 24, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Brayan Esteban Hernandez Cruz. On 2/24/2026, this Court ordered the respondents to show cause why, in light of its decision in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579, (W.D.N.Y. 2025) or Cabrera Martinez v. Marich, --- F. Supp. 3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 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 2. 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 6 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. In response, Hernandez Cruz argued that he was "paroled into the United States" upon receiving Special Immigrant Juvenile Status, and his parole was not terminated. See Docket Item 7 at 3. The Court then ordered the respondents to show cause "why the petitioner is not entitled to immediate release under this Court's decision in Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128, 146 (W.D.N.Y. 2025)." Docket Item 8. The respondents confirmed that Hernandez Cruz "was never paroled" but instead was "released on his own recognizance," and they provided a copy of his Order of Release on Recognizance. Docket Item 9 at 1, 3. Therefore, say the respondents, the "[p]etitioner... entered without admission or inspection and parole and... [t]his Court... previously held [in Alvarez Ortiz] that such [noncitizens] are... detained under [section] 1226(a) and entitled to a bond hearing." Id. at 2. Accordingly, for the reasons explained in Alvarez Ortiz, this Court GRANTS the petition and ORDERS the respondents to provide the petitioner 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 petitioner's 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 4/1/2026, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/24/2026. (DDC) (Entered: 03/24/2026)

#11

Apr 01, 2026

Letter filed by Pamela Bondi, Todd Lyons, Kristi Noem, in her official capacity of Secretary of Homeland Security, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/01/2026)

#12

Apr 02, 2026

TEXT ORDER re 11 Letter filed by Kristi Noem, in her official capacity of Secretary of Homeland Security, Philip Rhoney, Todd Lyons, Pamela Bondi. The respondents have filed a letter, Docket Item 11, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 10, and that the petitioner was ordered released on bond. If the petitioner believes there are any further issues properly before this Court, the petitioner 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 enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/2/2026. (DDC)Clerk to Follow up (Entered: 04/02/2026)

#13

Apr 17, 2026

JUDGMENT in favor of Brayan Esteban Hernandez Cruz against Kristi Noem, in her official capacity of Secretary of Homeland Security, Pamela Bondi, Philip Rhoney, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 4/17/2026. (DMK) (Entered: 04/17/2026)