Western District of New York • 6:25-cv-06548

#1

Oct 08, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5597190.), filed by J.D.D.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration, # 3 Exhibit A. Declaration of J.D.D.A., # 4 Exhibit B. Declaration of Karla, # 5 Exhibit C. Declaration of Emilio, # 6 Exhibit D. Letter of Marlon Augustin-Mendez, LMSW, # 7 Exhibit E. IJ Order Granting Withholding of Removal, # 8 Exhibit F. IJ Order Denying Bond, # 9 Exhibit G. DHS Decision to Continue Detention, # 10 Exhibit H. ICE Medical Records, # 11 Exhibit I. ICE Notice of Removal to Mexico, # 12 Exhibit J. IJ Emergency Stay Order, # 13 Exhibit K. IJ Order Granting Motion to Reopen)(Maitra, Sayoni) (Entered: 10/08/2025)

#2

Oct 08, 2025

MOTION for leave to proceed using initials and to redact certain identifying information by J.D.D.A.. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(Maitra, Sayoni) (Entered: 10/08/2025)

Oct 08, 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. (LEB)

Oct 08, 2025

Remark: Case originally assigned to incorrect Office in Buffalo and transferred to Rochester under case number 6:25-cv-6548. All future docketing shall be entered on the Rochester case. Notification to Chambers of on-line civil case opening.(LEB)

#3

Oct 17, 2025

SCHEDULING ORDER granting 2 Motion for leave to proceed using initials and to redact certain identifying information. If Petitioner's counsel is not admitted in the WDNY, counsel shall file an application for admission and/or assist Petitioner with securing local counsel within 5 days of the date of this Order. Respondent's answer and memorandum of law due or a motion to dismiss due within 14 days of the date of this order. Petitioner shall have 7 days upon receipt of answer (or motion to dismiss) to file a response. Respondents shall refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Clerk shall serve a copy of 1 petition and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>. Signed by Hon. Meredith A. Vacca on 10/17/25. (Attachments: # 1 Petition) (JHF) (Entered: 10/17/2025)

Oct 17, 2025

Copy of 1 Petition for Writ of Habeas Corpus and 3 Scheduling Order sent electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western District of New York. (JHF)

#4

Oct 22, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd M. Lyons, Daren K. Margolin, Kristi Noem (Khalil, Adam) (Entered: 10/22/2025)

#5

Oct 31, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd M. Lyons, Daren K. Margolin, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/31/2025)

#6

Nov 06, 2025

NOTICE of Appearance by Amy Rebecca Pont on behalf of J.D.D.A. (Pont, Amy) (Entered: 11/06/2025)

#7

Nov 07, 2025

MEMORANDUM in Opposition re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by J.D.D.A.. (Attachments: # 1 Declaration Supplemental Declaration of Shayna Scott, # 2 Exhibit A. Barbosa Da Cunha v. Moniz Docket Report, # 3 Exhibit B. Andrade Lozano v. Hyde Docket Report, # 4 Exhibit C. ICE Policy No. 10074.2)(Maitra, Sayoni) (Entered: 11/07/2025)

#8

Dec 05, 2025

Letter filed by J.D.D.A. Requesting a Status Conference. (Pont, Amy) (Entered: 12/05/2025)

#9

Dec 08, 2025

TEXT ORDER re 8 Letter filed by J.D.D.A. The Court advises that a decision will be issued in the near future. If a conference becomes necessary, the Court will advise the parties as soon as possible. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/8/2025. (MVP) (Entered: 12/08/2025)

#10

Dec 18, 2025

TEXT ORDER denying 5 Motion to Dismiss and granting 1 Petitioner's request for a bond hearing at which the government bears the burden of proof for the reasons stated below and in forthcoming written decision.On October 8, 2025, Petitioner commenced this proceeding pursuant to 28 U.S.C. § 2241, contending that his ongoing detention is unlawful under the Due Process Clause of the Fifth Amendment because the government has detained him for over 22 months without providing him a constitutionally adequate bond hearing. During Petitioner's first and only bond hearing, which occurred in July 2024, approximately 8 months after his detention began, Petitioner bore the burden of demonstrating that he was neither a danger to the community nor a flight risk. Petitioner has now been detained for over 22 months with no end in sight and the government has not been required to justify his detention. Respondents' sole argument in response is that Petitioner is not entitled to a bond hearing because he is an applicant for admission under 8 U.S.C. § 1225(b)(2) and, thus, his detention is mandated by statute during the pendency of removal proceedings. The Court rejected this very argument in Da Cunha v. Freden, 25-CV-06532-MAV, ECF No. 31 (W.D.N.Y. Oct. 20, 2025), explaining that persons such as Petitioner are detained under 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b)(2). Furthermore, because Petitioner has been subject to a prolonged detention under § 1226(a), "[he] must be afforded process in addition to that provided by the ordinary bail hearing[.]" Velasco Lopez v. Decker, 978 F. 3d 842, 846, 854 (2d Cir. 2020). Petitioner's case falls squarely under Velasco Lopez, which held that the "[petitioner] was denied due process because he was incarcerated for fifteen months (with no end in sight) while the Government at no point justified his incarceration." Id. at 846. Thus, as a remedy for the due process violation, Petitioner is entitled to a new bond hearing where the government bears the burden of establishing by clear and convincing evidence that Petitioner is a danger to the community or a flight risk. See id. at 856-57. In addition, at the new bond hearing, the immigration judge must consider Petitioner's ability to pay and alternatives to detention when setting any bond amount. See Black v. Decker, 103 F. 4th 133, 158 (2d Cir. 2024). If such bond hearing is not conducted within ten (10) days of the date of this text order, Petitioner shall be released from custody. Respondents shall file a status report no later than December 30, 2025, confirming that Petitioner has either been granted such a bond hearing within ten (10) days or released from custody, in compliance with this text order.Petitioner also requests costs and reasonable attorneys' fees under the Equal Access to Justice Act, 28 U.S.C. § 2412. Petitioner shall file a written motion demonstrating entitlement to such relief within 30 days of the date of the Court's written decision. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/18/2025. (MVP) (Entered: 12/18/2025)

#11

Dec 23, 2025

Letter filed by Pamela Bondi, Joseph Freden, Stephen Kurzdorfer, Todd M. Lyons, Daren K. Margolin, Kristi Noem re: holding of bond hearing. (Khalil, Adam) (Entered: 12/23/2025)