Western District of New York • 1:25-cv-00960

#1

Oct 01, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5591448.), filed by Jorge Humberto Alvarez Ortiz. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A)(Borowski, Matthew) (Entered: 10/01/2025)

#2

Oct 01, 2025

Emergency MOTION for Temporary Restraining Order by Jorge Humberto Alvarez Ortiz.(Borowski, Matthew) (Entered: 10/01/2025)

#3

Oct 01, 2025

TEXT ORDER granting 2 Emergency MOTION for Temporary Restraining Order filed by Jorge Humberto Alvarez Ortiz. 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 motion for a temporary restraining order filed by the petitioner, Docket Item 2, is temporarily granted pending briefing and oral argument. More specifically, the respondents are temporarily enjoined from deporting the petitioner. The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/1/2025. (RFI) (Entered: 10/01/2025)

#4

Oct 01, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Jorge Humberto Alvarez Ortiz. Status Conference set for 10/2/2025 at 2:00 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 10/1/2025. (RFI) (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. (JLH)

Oct 01, 2025

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

#5

Oct 02, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 10/02/2025)

#6

Oct 02, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conferencere 1 Petition for Writ of Habeas Corpus filed by Jorge Humberto Alvarez Ortiz 10/2/2025. 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. Court reviewed application and set briefing schedule which includes Attorney Borowski filing an Amended Petition: Amended Petition due by 10/14/2025. Respondents' response is due by 11/21/2025. Petitioner's reply is due by 12/5/2025. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Ann M. Sawyer.) (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/02/2025)

#7

Oct 14, 2025

AMENDED COMPLAINT PETITION FOR WRIT OF HABEAS CORPUS against Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem, filed by Jorge Humberto Alvarez Ortiz.(Borowski, Matthew) (Entered: 10/14/2025)

#8

Oct 15, 2025

Emergency MOTION for Temporary Restraining Order by Jorge Humberto Alvarez Ortiz. (Attachments: # 1 Exhibit A - Bond Order of October 15)(Borowski, Matthew) (Entered: 10/15/2025)

#9

Oct 15, 2025

TEXT ORDER re 8 Emergency MOTION for Temporary Restraining Order filed by Jorge Humberto Alvarez Ortiz. Status Conference set for 10/17/2025 at 8:30 AM 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 10/15/2025. (RFI) (Entered: 10/15/2025)

#10

Oct 17, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 8 Emergency MOTION for Temporary Restraining Order filed by Jorge Humberto Alvarez Ortiz held on 10/17/2025. 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. Response due by 10/24/2025. Reply due by 10/27/2025. Virtual Oral Argument set for 10/29/2025 at 1:30 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Briefing Schedule for 7 Amended Petition previously set: Respondents' response is due by 11/21/2025. Petitioner's reply is due by 12/5/2025. If oral argument is necessary, it will be scheduled by the Court. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/17/2025)

#11

Oct 20, 2025

MEMORANDUM in Opposition re 2 Emergency MOTION for Temporary Restraining Order, 8 Emergency MOTION for Temporary Restraining Order filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 10/20/2025)

#12

Oct 21, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration of Adam Khalil, # 2 Exhibit A to Khalil Dec, # 3 Memorandum in Support)(Khalil, Adam) (Entered: 10/21/2025)

#13

Oct 27, 2025

REPLY/RESPONSE to re 11 Memorandum in Opposition to Motion filed by Jorge Humberto Alvarez Ortiz. (Attachments: # 1 Exhibit)(Borowski, Matthew) (Entered: 10/27/2025)

#14

Oct 29, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 8 Emergency MOTION for Temporary Restraining Order and 12 Motion to Dismiss for Failure to State a Claim held on 10/29/2025 as to Jorge Humberto Alvarez Ortiz held on 10/29/2025. 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. Court reviewed submissions and heard from the parties. Court reserved decision. AUSA Khalil will provide decisions in similar cases to chambers, as stated. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/30/2025)

#15

Nov 04, 2025

RESPONSE in Opposition re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jorge Humberto Alvarez Ortiz. (Attachments: # 1 Exhibit Table of Caselaw)(Borowski, Matthew) (Entered: 11/04/2025)

#16

Nov 04, 2025

DECISION & ORDER granting 8 Motion for TRO; denying 12 Motion to Dismiss for Failure to State a Claim. For the reasons explained in the attached decision and order, the Court finds that Alvarez Ortiz is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead is detained under section 1226(a). As a result, the Court DENIES the respondents' motion to dismiss, Docket Item 12, and finds that Alvarez Ortiz is likely to succeed on the merits of his claim. The Court f urther finds that Alvarez Ortiz has established irreparable harm and that the balance of the equities weighs in his favor. Thus, the Court GRANTS his motion for a TRO, Docket Item 8. More specifically, the Court ORDERS the respondents to provide Alv arez Ortiz with an individualized bond hearing before an immigration judge within seven calendar days of the date of this decision and order at which the government shall bear the burden to demonstrate, by clear and convincing evidence, that h e 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, Alvarez Ortiz's ability to pay. If the respondents fail to provide such a hearin g within seven calendar days, they shall immediately release Alvarez Ortiz. On or before November 12, 2025, the respondents shall (1) file a status report confirming that Alvarez Ortiz has either been granted a bond hearing in compliance with this decision and order or released from custody, (2) show cause why the TRO should not be converted into a preliminary injunction and/or why the petition should not be granted for the reasons explained in this decision and order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 11/4/2025. (RFI)

#17

Nov 07, 2025

Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 11/07/2025)

#18

Nov 12, 2025

REPLY/RESPONSE to re 16 Order on Motion for TRO,,,,,,,, Order on Motion to Dismiss for Failure to State a Claim,,,,,,, filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 11/12/2025)

#19

Dec 01, 2025

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus filed by Jorge Humberto Alvarez Ortiz. In response to this Court's show cause order, the "[r]espondents acknowledge[d] that this Court's prior ruling regarding the [temporary restraining order] controls with respect to deciding the [preliminary injunction] and [p]etition." Docket Item 18 at 1. The respondents have reserved all rights, including the right to appeal, and this Court appreciates the respondents' efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. Accordingly, this Court hereby GRANTS the petition for the reasons stated in its prior decision and order, Docket Item 16. The respondents have filed a letter, Docket Item 17, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 16, 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 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)

#20

Dec 17, 2025

JUDGMENT in favor of Jorge Humberto Alvarez Ortiz against Joseph Freden, Kristi Noem, Steven Kurzdorfer, Todd Lyons. Signed by Mary C. Loewenguth, Clerk of Court on 12/17/2025. (TMK) (Entered: 12/17/2025)