Western District of New York • 1:26-cv-00401

#1

Mar 05, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5741351.), filed by MAKSIM FEFILOV. (Attachments: # 1 Civil Cover Sheet)(Caglar, Ibrahim) (Entered: 03/05/2026)

#2

Mar 06, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Maksim Fefilov 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 3/13/2026, 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 3/6/2026. (ZHM) (Entered: 03/06/2026)

Mar 06, 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. (NRE)

Mar 06, 2026

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

#3

Mar 11, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/11/2026)

#4

Mar 11, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,, filed by Pamela Bondi, Joseph Freden, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/11/2026)

#5

Mar 12, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Maksim Fefilov.On 3/6/2026, this Court ordered the respondents to show cause why, in light of this Court's decision in Cabrera Martinez v. Marich, --- F.Supp.3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 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 ruling [in Cabrera Martinez] concern[ed] a similar challenge to the government policy or practice at issue in this case, and if the Court follows that prior ruling, it would control the result in this case." 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 Cabrera Martinez, 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 3/20/2026, 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 3/12/2026. (DDC) (Entered: 03/12/2026)

#6

Mar 19, 2026

Letter filed by Kristi Noem, Philip Rhoney, Joseph Freden, Pamela Bondi re bond hearing. (Khalil, Adam) (Entered: 03/19/2026)

#7

Mar 19, 2026

First MOTION to Enforce Judgment by Maksim Fefilov. (Attachments: # 1 Declaration)(Caglar, Ibrahim) (Entered: 03/19/2026)

#8

Mar 20, 2026

TEXT ORDER re 7 First MOTION to Enforce Judgment filed by Maksim Fefilov. Response due by 3/27/2026. Reply due 3/31/2026. If necessary, oral argument will be scheduled at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/20/2026. (DDC) Modified on 3/25/2026 to correct typographical error. (DDC) (Entered: 03/20/2026)

#9

Mar 25, 2026

Letter filed by Kristi Noem, Philip Rhoney, Joseph Freden, Pamela Bondi opposing motion to enforce. (Khalil, Adam) (Entered: 03/25/2026)

#10

Apr 03, 2026

TEXT ORDER re 7 First MOTION to Enforce Judgment filed by Maksim Fefilov. Virtual Oral Argument set for 4/7/2026 at 3:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. 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)

#11

Apr 07, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 7 First MOTION to Enforce Judgment filed by Maksim Fefilov 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 parties, the Court directed AUSA Khalil to request the Immigration Judge to issue a written decision explaining his reasons for denying bond by the end of day on 4/9/2026. Upon review, this Court will schedule oral argument or issue a decision on Fefilov's motion to enforce. If the Immigration Judge's written decision is not issued, the petitioner shall be released by 5:00PM on 4/10/2026. Appearances by Teams Video Conference. For petitioner. Ibrahim F. Caglar. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 04/07/2026)

#12

Apr 09, 2026

Letter filed by Kristi Noem, Philip Rhoney, Joseph Freden, Pamela Bondi with copy of written bond order. (Khalil, Adam) (Entered: 04/09/2026)