Western District of New York • 1:26-cv-00342

#1

Feb 24, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5729175.), filed by Celio Ranulfo Castro Casstro. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A - AILA Practice Alert)(McLean, Siana) (Entered: 02/24/2026)

#2

Feb 24, 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 4, 2026, why, 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 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 02/24/2026. (MGB)Clerk to Follow up (Entered: 02/24/2026)

Feb 24, 2026

Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)

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. (TMK)

#3

Feb 25, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 02/25/2026)

#4

Feb 25, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re grant of voluntary departure. (Khalil, Adam) (Entered: 02/25/2026)

#5

Feb 25, 2026

CONTINUATION OF EXHIBITS to 4 Letter VD Form. (Khalil, Adam) (Entered: 02/25/2026)

#6

Feb 25, 2026

Letter filed by Celio Ranulfo Castro Casstro . (Attachments: # 1 Exhibit Exhibit A - Email to ICE, # 2 Exhibit Exhibit B - Medical Records of Petitioner, # 3 Exhibit Exhibit C - Proof of Pending Asylum Application)(McLean, Siana) (Entered: 02/25/2026)

#7

Feb 25, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re application of Laken Riley Act in this matter. (Khalil, Adam) (Entered: 02/25/2026)

Feb 25, 2026

Remark: Clerk emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TMK)

#8

Feb 26, 2026

TEXT ORDER. The Court directs counsel to meet and confer on or before March 3, 2026, to reach an agreement on a briefing schedule for this matter and to advise the Court by that date. If the parties cannot agree, they may submit competing proposals on or before the same date. The submissions should be made by letter and shall be filed on the docket. Absent submission(s) in accordance with this Text Order, the Court will sua sponte set the briefing schedule. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/26/2026. (JKS) (Entered: 02/26/2026)

#9

Feb 26, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re proposed briefing schedule. (Khalil, Adam) (Entered: 02/26/2026)

#10

Feb 26, 2026

TEXT ORDER. The Court adopts the proposed briefing schedule set forth in Respondents' letter dated February 26, 2026 (Dkt. 9). Respondents shall respond to the petition on or before March 30, 2026. Petitioner's reply is due on or before April 13, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/26/2026. (JKS) (Entered: 02/26/2026)

#11

Mar 30, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Declaration of Joseph Amoia, # 5 Exhibit A)(Moar, Daniel) (Entered: 03/30/2026)

#12

Apr 13, 2026

RESPONSE in Opposition re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response in Opposition to Motion to Dismiss filed by Celio Ranulfo Castro Casstro. (Attachments: # 1 Exhibit Exhibit A - Doe v. Antone Moniz, # 2 Exhibit Exhibit B - American Immigration Council Report, # 3 Exhibit Exhibit C - Proof of Disability for Petitioner)(McLean, Siana) (Entered: 04/13/2026)

#13

May 01, 2026

TEXT ORDER The Clerk of Court shall reassign this matter to another judge for all further proceedings. Signed by Hon. Elizabeth A. Wolford on 5/1/2026. (LB) (Entered: 05/01/2026)

May 01, 2026

DESIGNATION of United States Judge for Service within the Circuit. Case reassigned to Senior Circuit Judge Barrington D Parker, Jr.; Hon. Elizabeth A. Wolford no longer assigned to the case. (LB)

May 08, 2026

SCHEDULING NOTICE : A status conference set for 5/13/2026 at 11:00 a.m. before Senior Circuit Judge Barrington D Parker Jr to be held by Zoom for Government. The Court will send counsel a separate email link to join the conference. (JLV)

#14

May 13, 2026

Minute Entry for proceedings held before Senior Circuit Judge Barrington D Parker, Jr: Status conference held on 5/13/2026. The court requires additional submissions from the parties on the petitioner's criminal charges. Affidavits should be filed on or before May 20, 2026 along with any records from the Machias Town Court. APPEARANCES: Siana McLean for petitioner; AUSA Daniel Moar for Respondents. (Zoom for Government) (JLV) (Entered: 05/13/2026)

#15

May 20, 2026

DECLARATION filed by Todd Lyons, Tammy Marich, Philip Rhoney, Kristi Noem filed by Todd Lyons, Tammy Marich, Philip Rhoney, Kristi Noem. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Moar, Daniel) (Entered: 05/20/2026)

#16

May 20, 2026

MEMORANDUM in Support re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Exhibit A)(Moar, Daniel) (Entered: 05/20/2026)

#17

May 20, 2026

AFFIDAVIT Affidavit of Siana McLean by Celio Ranulfo Castro Casstro. (Attachments: # 1 Exhibit Exhibit A - Criminal Disposition)(McLean, Siana) (Entered: 05/20/2026)

#18

May 20, 2026

REPLY/RESPONSE to re 16 Memorandum in Support of Motion, filed by Celio Ranulfo Castro Casstro. (Attachments: # 1 Exhibit Exhibit A - Guzman v. Arteta Case)(McLean, Siana) (Entered: 05/20/2026)

#19

May 28, 2026

DECISION AND ORDER denying 11 Motion to Dismiss. Petitioners application for habeas relief 1 is GRANTED. The Court finds Petitioner is detained under 8 U.S.C. § 1226(a) and is therefore entitled to a bond hearing under the relevant regulations. The Court therefore ORDERS that Respondents hold a bond hearing for Petitioner within seven (7) days of the entry of this order. It is further ORDERED that Respondents should file a status update on the docket fourteen (14) days after the entry of this order. Signed by Senior Circuit Judge Barrington D Parker, Jr on 5/28/2026. (TME) (Entered: 05/28/2026)

#20

May 28, 2026

JUDGMENT in favor of Celio Ranulfo Castro Casstro against Kristi Noem, Philip Rhoney, Tammy Marich, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 5/28/2026. (TME) (Entered: 05/28/2026)

#21

Jun 11, 2026

NOTICE by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Attachments: # 1 Supplement)(Moar, Daniel) (Entered: 06/11/2026)