Western District of New York • 1:26-cv-00357

#1

Feb 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5733732.), filed by Rigoberto Daniel Montoya Sevilla. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Supplement Order to Show Cause, # 3 Exhibit EX A. NTA, # 4 Exhibit EX B. Custody Determination, # 5 Exhibit EX C. OORR, # 6 Exhibit EX D. ICE Detainee Locator, # 7 Exhibit EX E. Transcript of Bond Hearing, # 8 Exhibit EX F. Order of the IJ)(Kerben, Reuben) (Entered: 02/27/2026)

Mar 02, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online case opening. (DDS)

Mar 02, 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. (DDS)

#2

Mar 04, 2026

TEXT ORDER. The Clerk of Court is directed to reassign this case to the Honorable Elizabeth A. Wolford, United States District Judge. SO ORDERED. Signed by Hon. Meredith A. Vacca on 3/4/2026. (MVP)Clerk to Follow up (Entered: 03/04/2026)

Mar 04, 2026

Case reassigned to Hon. Elizabeth A. Wolford. Notification to chambers of online case opening. (DDS)

#3

Mar 05, 2026

TEXT ORDER. On December 15, 2025, Petitioner filed a petition pursuant to 28 U.S.C. § 2241 alleging that he is being detained in United States Immigration and Customs Enforcement ("ICE") custody pending removal proceedings in violation of the United States Constitution. (1:25-cv-01369-EAW, Dkt. 1). On December 19, 2025, the undersigned granted the petition to the extent that Petitioner sought a bond hearing and ordered that a bond hearing be conducted by December 30, 2025, during which the government would carry the burden of demonstrating dangerousness or flight risk by clear and convincing evidence. (Id. at Dkt. 6). On January 2, 2026, the government informed the Court that a bond hearing was held and bond was denied because the immigration judge found that the government met its burden of demonstrating that Petitioner posed a flight risk. (Id. at Dkt. 7). The undersigned informed the parties on January 12, 2026, that it viewed the issued raised by the petition as resolved and intended to direct the Clerk's Office to close the case, unless on or before January 20, 2026, either party objected. (Id. at Dkt. 8). Having received no objections by that date, the Clerk's Office closed the case on January 26, 2026. (Id. at Dkt. 9, Dkt. 10). On February 27, 2026, Petitioner filed the instant petition pursuant to 28 U.S.C. § 2241, again alleging that he is being unlawfully detained in ICE custody, and seeking that the Court order the government to show cause why it should not order Petitioner's immediate release in light of the government's failure to provide Petitioner with a bond hearing which complied with the requirements set forth in the undersigned's December 19, 2025 order. (Dkt. 1 at 2). Petitioner acknowledged that he failed to timely object to the result of the bond hearing. (Id.). The government shall file an answer or motion directed to the instant petition on or before March 19, 2026. Petitioner may file a reply to any motion to dismiss on or before March 26, 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 3/5/2026. (EKH) (Entered: 03/05/2026)

#4

Mar 16, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph E. Freden, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 03/16/2026)

#5

Mar 16, 2026

Letter filed by Pamela Bondi, Joseph E. Freden, Tammy Marich, Kristi Noem with transcript of hearing and of oral decision. (Khalil, Adam) (Entered: 03/16/2026)

#6

Mar 16, 2026

REPLY/RESPONSE to re 3 Text Order,,,,,,,,, filed by Pamela Bondi, Joseph E. Freden, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 03/16/2026)

#7

May 06, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 05/06/2026. (JKS)Clerk to Follow up (Entered: 05/06/2026)

#8

May 14, 2026

Letter filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/14/2026)

#9

May 15, 2026

TEXT ORDER. On May 14, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 8). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before May 22, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/15/2026. (EKH) (Entered: 05/15/2026)

#10

May 26, 2026

JUDGMENT in favor of Rigoberto Daniel Montoya Sevilla against Joseph E. Freden, Markwayne Mullin, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 5/26/2026. (DDS) (Entered: 05/26/2026)