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)

#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)

#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)