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

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

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)

#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)

#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)