Western District of New York • 1:25-cv-01029

#1

Oct 14, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5602504.), filed by Jonny Antonio Seraquive Paqui. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 10/14/2025)

#2

Oct 15, 2025

TEXT ORDER re 1 PETITION for Writ of Habeas Corpus. 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 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). The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/15/2025. (DDC) (Entered: 10/15/2025)

#3

Oct 15, 2025

Emergency MOTION for Temporary Restraining Order by Jonny Antonio Seraquive Paqui. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Borowski, Matthew) (Entered: 10/15/2025)

#4

Oct 15, 2025

TEXT ORDER re 3 Emergency MOTION for Temporary Restraining Order filed by Jonny Antonio Seraquive Paqui. Status Conference set for 10/17/2025 at 8:30 AM 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 10/15/2025. (RFI) (Entered: 10/15/2025)

Oct 15, 2025

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

Oct 15, 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. (JLH)

#5

Oct 17, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 3 Emergency MOTION for Temporary Restraining Order filed by Jonny Antonio Seraquive Paqui held on 10/17/2025. 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. Response due by 10/24/2025. Reply due by 10/27/2025. Virtual Oral Argument set for 10/29/2025 at 1:30 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Briefing Schedule for 1 Petition set as follows: Respondents' response is due by 12/1/2025. Petitioner's reply is due by 12/15/2025. If oral argument is necessary, it will be scheduled by the Court. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil.(Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/17/2025)

#6

Oct 27, 2025

Letter filed by Jonny Antonio Seraquive Paqui . (Borowski, Matthew) (Entered: 10/27/2025)

#7

Oct 28, 2025

TEXT ORDER re 3 Emergency MOTION for Temporary Restraining Order filed by Jonny Antonio Seraquive Paqui. The respondents' informal unopposed request for an extension is GRANTED. Response due by noon on 10/29/2025. Oral argument will be held as scheduled. If the petitioner would like to reply in writing, the Court will give him an opportunity to do so following oral argument. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/28/2025. (RFI) (Entered: 10/28/2025)

#8

Oct 28, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 10/28/2025)

#9

Oct 28, 2025

RESPONSE in Opposition re 3 Emergency MOTION for Temporary Restraining Order filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 10/28/2025)

#10

Oct 28, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/28/2025)

#11

Oct 29, 2025

REPLY/RESPONSE to re 9 Response in Opposition to Motion filed by Jonny Antonio Seraquive Paqui. (Borowski, Matthew) (Entered: 10/29/2025)

#12

Oct 29, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 3 Emergency MOTION for Temporary Restraining Order and 10 Motion to Dismiss for Failure to State a Claim held on 10/29/2025 as to Jonny Antonio Seraquive Paqui held on 10/29/2025. 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 submissions and heard from the parties. Petitioner's response to 10 Respondents' Motion to Dismiss is due by 10/31/2025. Attorney Borowski advised petitioner has a hearing before an immigration judge on 11/18/2025. Court reserved decision. AUSA Khalil will provide decisions in similar cases to chambers, as stated. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil.(Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/30/2025)

#13

Nov 04, 2025

RESPONSE in Opposition re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jonny Antonio Seraquive Paqui. (Attachments: # 1 Exhibit Table of Caselaw)(Borowski, Matthew) (Entered: 11/04/2025)

#14

Nov 04, 2025

TEXT ORDER granting 3 Emergency MOTION for Temporary Restraining Order filed by Jonny Antonio Seraquive Paqui, and denying 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden. For the reasons explained in this Court's decision and order in Alvarez Ortiz v. Noem, Case No. 25-cv-960, Docket Item 16 (W.D.N.Y. Nov. 4, 2025), the Court finds that the petitioner, Jonny Antonio Seraquive Paqui, is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead is detained under section 1226(a). As a result, the Court DENIES the respondents' motion to dismiss, Docket Item 10, and finds that Seraquive Paqui is likely to succeed on the merits of his claim. The Court further finds that Seraquive Paqui has established irreparable harm and that the balance of the equities weighs in his favor. Thus, the Court GRANTS his motion for a TRO, Docket Item 3. More specifically, the Court ORDERS the respondents to provide Seraquive Paqui with an individualized bond hearing before an immigration judge within seven calendar days of the date of this order at which the government shall bear the burden to demonstrate, by clear and convincing evidence, that he 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, Seraquive Paqui's ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release Seraquive Paqui. On or before November 12, 2025, the respondents shall (1) file a status report confirming that Seraquive Paqui has either been granted a bond hearing in compliance with this decision and order or released from custody, (2) show cause why the TRO should not be converted into a preliminary injunction and/or why the petition should not be granted for the reasons explained in this Court's decision and order in Alvarez Ortiz. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/4/2025. (RFI) (Entered: 11/04/2025)

#15

Nov 07, 2025

Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 11/07/2025)

#16

Nov 12, 2025

REPLY/RESPONSE to re 14 Text Order,,,,,,,,, Terminate Motions,,,,,,,, filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 11/12/2025)

#17

Dec 01, 2025

TEXT ORDER granting 1 Petition for Writ of Habeas Corpus filed by Jonny Antonio Seraquive Paqui. In response to this Court's show cause order, the "[r]espondents acknowledge[d] that this Court's prior ruling regarding the [temporary restraining order] controls with respect to deciding the [preliminary injunction] and [p]etition." Docket Item 16 at 1. The respondents have reserved all rights, including the right to appeal, and this Court appreciates the respondents' efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. Accordingly, this Court hereby GRANTS the petition for the reasons stated in its prior order, Docket Item 14. The respondents have filed a letter, Docket Item 15, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 14, 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 close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/1/2025. (RFI)Clerk to Follow up (Entered: 12/01/2025)

#18

Dec 18, 2025

JUDGMENT in favor of Jonny Antonio Seraquive Paqui against Joseph Freden, Kristi Noem, Steven Kurzdorfer, Todd Lyons. Signed by Mary C. Loewenguth, Clerk of Court, on 12/18/2025. (DDS) (Entered: 12/18/2025)