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)