Western District of New York • 1:26-cv-00331

#1

Feb 23, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5728138.), filed by Angel Luis Barcelo Gomez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 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 Angel Luis Barcelo Gomez. 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. (NRE)

Feb 24, 2026

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

#3

Feb 25, 2026

TEXT ORDER: The government has informally indicated that the petitioner, Barcelo Gomez, 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. Barcelo Gomez 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 Barcelo Gomez. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2026. (DDC) (Entered: 02/25/2026)

#4

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)

#5

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. (Attachments: # 1 Notice of Parole Revocation)(Khalil, Adam) (Entered: 02/26/2026)

#6

Feb 26, 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 re misstatement in prior filing. (Khalil, Adam) (Entered: 02/26/2026)

#7

Feb 26, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Angel Luis Barcelo Gomez. On 2/24/2026, this Court ordered the respondents to show cause why, in light of this Court's decision in 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 their amended response, the respondents indicated that the "[p]etitioner's parole was originally granted... for a one year period... and was expired at the time of [his] re-detention," which "puts this case squarely in the holding of Cabrera Martinez." Docket Item 6 at 1. Therefore, said the respondents, "as applied to the facts of this case[,] the Cabrera Martinez holding would require a bond hearing for [the p]etitioner here, consistent with all of the safeguards at the bond hearing that this Court implemented in that case." See id. The respondents have reserved all rights, including the right to appeal. See id. Accordingly, for the reasons explained in Cabrera Martinez, 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 3/6/2026, 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 2/26/2026. (DDC) (Entered: 02/26/2026)

#8

Mar 05, 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 re bond hearing. (Khalil, Adam) (Entered: 03/05/2026)

#9

Mar 05, 2026

TEXT ORDER re 8 Letter, filed by Kristi Noem, Pamela Bondi, Philip Rhoney, Todd M. Lyons.The respondents have filed a letter, Docket Item 8, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 7, 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 3/5/2026. (DDC)Clerk to Follow up (Entered: 03/05/2026)

#10

Apr 23, 2026

JUDGMENT in favor of Angel Luis Barcelo Gomez 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 4/23/2026. (CGJ) (Entered: 04/23/2026)