Western District of New York • 1:26-cv-00355

#1

Feb 26, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5732453.), filed by Hermilindo S Babaka. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 02/26/2026)

#2

Feb 27, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Hermilindo S. Babaka. 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 3/6/2026, 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 2/27/2026. (DDC) (Entered: 02/27/2026)

Feb 27, 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. (JLH)

Feb 27, 2026

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

#3

Mar 03, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/03/2026)

#4

Mar 03, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,, filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/03/2026)

#5

Mar 03, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Hermilindo S. Babaka.On 2/27/2026, this Court ordered the respondents to show cause why, in light of its decision in Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 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 4 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. 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 3/11/2026, 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 3/3/2026. (DDC) (Entered: 03/03/2026)

#6

Mar 10, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 03/10/2026)

#7

Mar 11, 2026

TEXT ORDER re 6 Letter filed by Kristi Noem, Tammy Marich, Philip Rhoney, Todd Lyons, Pamela Bondi.The respondents have filed a letter, Docket Item 6, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, but found that the government met its burden on risk of flight. 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 3/11/2026. (DDC)Clerk to Follow up (Entered: 03/11/2026)

#8

Mar 18, 2026

Emergency MOTION to Enforce Judgment by Hermilindo S Babaka. (Attachments: # 1 Exhibit A - Declaration of Vilena Ramini, # 2 Exhibit B - Bond Order)(Borowski, Matthew) (Entered: 03/18/2026)

#9

Mar 18, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney in opposition to the Motion to Enforce (ECF No. 8). (Khalil, Adam) (Entered: 03/18/2026)

#10

Mar 19, 2026

TEXT ORDER: The petitioner may reply to the government's letter, Docket Item 9, in support of his motion to enforce, Docket Item 8, by 3/26/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/19/2026. (DDC) (Entered: 03/19/2026)

#11

Mar 24, 2026

REPLY/RESPONSE to re 9 Letter Opposition to Motion to Enforce filed by Hermilindo S Babaka. (Borowski, Matthew) (Entered: 03/24/2026)

#12

Apr 03, 2026

TEXT ORDER re 8 Emergency MOTION to Enforce Judgment filed by Hermilindo S Babaka. Virtual Oral Argument set for 4/7/2026 at 2:30 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 4/3/2026. (CMD) (Entered: 04/03/2026)

#13

Apr 07, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 8 Emergency MOTION to Enforce Judgment filed by Hermilindo S Babaka held on 4/7/2026. 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. After hearing from the parties, the Court directed AUSA Khalil to obtain information as stated. Virtual Status Conference set for 4/13/2026 at 3:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski and Vilena Ramini. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 04/07/2026)

#14

Apr 10, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re prior conditions on release and documents submitted to immigration judge. (Khalil, Adam) (Entered: 04/10/2026)

#15

Apr 13, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 4/13/2026. 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 AUSA Khalil's submission and finds petitioner is entitled to another hearing. A text order will be issued, as stated. Appearances. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 04/13/2026)

#16

Apr 14, 2026

TEXT ORDER granting 8 Emergency MOTION to Enforce Judgment filed by Hermilindo S. Babaka.On February 26, 2026, the petitioner, Hermilindo S. Babaka, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in connection with his detention during pending immigration proceedings. Docket Item 1. On March 3, 2026, this Court granted Babaka's petition and ordered the government to "provide [him] with an individualized bond hearing before an immigration judge." Docket Item 5. The Court's order specified that "the government shall bear the burden to demonstrate, by clear and convincing evidence, that [Babaka] is a danger to the community or a flight risk"; it also required the immigration judge to "consider non-bond alternatives to detention or, if setting a bond, the petitioner's ability to pay." Id. On April 3, 2026, Babaka had a bond hearing before an immigration judge ("the IJ"). See Docket Item 8-2. At that hearing, the government conceded that Babaka was not a danger but argued that he was a flight risk in part because he had traveled to the border to seek asylum in Canada. Docket Item 8-1 ¶ 16; see Docket Item 8 at 10-12. The IJ agreed with the government and denied bond. See Docket Item 8 at 10; see also Docket Item 8-2. About a week later, Babaka moved to enforce this Court's order of March 3, 2026, arguing that his bond hearing did not comply with this Court's direction. Docket Item 8. Among other things, Babaka argued that the IJ had relied on "a misplaced view that self-deporting from the U.S. to see asylum in another country is tantamount to 'fleeing' from authorities in the U.S." Id. at 2. After the government responded, Docket Item 9, Babaka replied, Docket Item 11. On April 7, 2026, this Court heard oral argument on Babaka's motion, see Docket Item 13, and asked whether ICE had placed any conditions or geographical restrictions on Babaka; counsel for the government did not know the answer to that question, and the Court therefore asked the government to provide "copies of what was submitted to the [IJ] in order to determine what [she]" knew when she found that Babaka was a flight risk, see Docket Item 14 at 2. The government then filed a letter indicating that although ICE tracked Babaka's location, required him to check in, and limited his travel to Illinois, Wisconsin, and Indiana, the documents submitted to the IJ did not include a "copy of [any] order or [Babaka]'s conditions during release." See id. In other words, if Babaka's presenting himself at the Canadian border violated any conditions of his release, those facts were not before the IJ. At a status conference on April 13, 2026, the government conceded that the IJ did not know of any conditions placed on Babaka or alleged violations of those conditions when she found that he was a flight risk. After careful review of the parties' briefing and the audio recording of Babaka's bond hearing, the Court finds that the hearing did not comply with this Court's order. More specifically, as explained on the record, without evidence that Babaka's attempting to leave the United States and gain asylum in another country violated his conditions of release, there was no basis for the IJ to find by clear and convincing evidence that he was a flight risk within the United States. Accordingly, Babaka has met his burden of establishing that the IJ did not provide him with a bond hearing consistent with this Court's order, see Docket Item 5. Therefore, within 7 calendar days of the date of this order, the government shall hold a new bond hearing for Babaka that complies with this Court's order of March 3, 2026, see id. At that hearing, the IJ shall consider the full record, including any conditions placed on Babaka, when addressing whether the government has established by clear and convincing evidence that he is a flight risk. Because it grants Babaka's motion, the Court need not and does not reach his other arguments as to why his bond hearing was insufficient. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/14/2026. (DDC) (Entered: 04/14/2026)

#17

Apr 22, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/22/2026)

#18

Apr 23, 2026

TEXT ORDER re 17 Letter filed by Kristi Noem, Tammy Marich, Philip Rhoney, Todd Lyons, Pamela Bondi.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 enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/23/2026. (DDC)Clerk to Follow up (Entered: 04/23/2026)

#19

May 08, 2026

JUDGMENT in favor of Hermilindo S. Babaka against Kristi Noem, Pamela Bondi, Philip Rhoney, Tammy Marich, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 5/8/2026. (DDS) (Entered: 05/08/2026)