Western District of New York • 1:26-cv-00513

#1

Mar 19, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5757520.), filed by MD Eddrish. (Attachments: # 1 Exhibit A: DHS Bond Proceeding Evidence List, # 2 Exhibit B: Order Immigration Court, Denial, # 3 Exhibit C: Approved Relative/Spousal, # 4 Exhibit D: Filing Receipt. Immigration Appeal, # 5 Exhibit E: Filing Receipt: Immigration Court Motion)(Carroll, Patrick) (Entered: 03/19/2026)

#2

Mar 19, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by MD Eddrish. So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents 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).The Court will issue a subsequent order regarding the petition and the government's response. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/19/2026. (DDC) (Entered: 03/19/2026)

Mar 19, 2026

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

Mar 19, 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. (JLH)

#3

Mar 21, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by MD Eddrish. The petitioner, MD Eddrish, is a noncitizen who has been in the United States since coming here and seeking asylum in 2018. See Docket Item 1 at 2-3. After arriving in the United States, he married a United States citizen, had two children who are United States citizens, and obtained authorization to work in the United States. See id. at 8. On December 2, 2025, ICE arrested Eddrish at work, and he now is detained at the Buffalo Federal Detention Facility in Batavia, New York. See id. at 3, 6; see also id. at 8.About two weeks after he was arrested, Eddrish was given a bond hearing before an Immigration Judge ("IJ"). See id. at 3, 8-9. A few weeks later, the IJ issued a written decision holding "that [Eddrish] was detained under [section] 1226(a)" and "that[] under 8 C.F.R. § 1236[.1](c)(8), [he] bore the burden of establishing that his release would not pose a danger to persons or property and would not pose a flight risk." See id. at 9. The IJ declined to release Eddrish based on the IJ's finding that Eddrish "failed to meet his burden" on danger. See Docket Item 1-2 at 1 (IJ decision). In Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. Nov. 4, 2025), this Court held that when a noncitizen is detained under section 1226(a), "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." Id. at 598. Because the IJ found that Eddrish was detained under that section, it appears that the holding in Alvarez Ortiz may apply here. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 3/27/2026, why, in light of Alvarez Ortiz, (1) the petition in this case should not be granted, and (2) the Court should not order that Eddrish receive a new bond hearing at which the government—not the petitioner—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 IJ 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 3/21/2026. (DDC) (Entered: 03/21/2026)

#4

Mar 25, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Acting Field Office Director, Buffalo Field Office, Todd Lyons, Kristi Noem, Warden of the Buffalo Federal Detention Facility (Khalil, Adam) (Entered: 03/25/2026)

#5

Mar 25, 2026

REPLY/RESPONSE to re 3 Text Order,,,,,,,,, filed by Acting Field Office Director, Buffalo Field Office, Todd Lyons, Kristi Noem, Warden of the Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 03/25/2026)

#6

Mar 26, 2026

REPLY/RESPONSE to re 5 Reply/Response filed by MD Eddrish. (Carroll, Patrick) (Entered: 03/26/2026)

#7

Mar 27, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by MD Eddrish. On 3/21/2026, this Court ordered the respondents to show cause why, in light of its decision in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579, (W.D.N.Y. 2025), "(1) the petition in this case should not be granted, and (2) the Court should not order that the petitioner receive a new bond hearing at which the government—not the petitioner—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 3. In response, the respondents acknowledged that Eddrish is detained under 8 U.S.C. § 1226(a) and "that this Court's prior rulings [including Lorry v. Freden, Case No. 25-cv-1154, Docket Item 11 (W.D.N.Y. Nov. 21, 2025)] concerning similar challenges to the government policy or practice at issue in this case, and the common question of law between this case and those rulings, would control the result in this case should the Court adhere to its legal reasoning in those prior decisions." Docket Item 5 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 Alvarez Ortiz and Lorry, this Court GRANTS the petition and ORDERS the respondents to provide the petitioner with a new bond hearing before an immigration judge within seven calendar days of the date of this order. At that hearing, the government—not the petitioner—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 4/6/2026, 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 3/27/2026. (DDC) (Entered: 03/27/2026)

#8

Mar 31, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5773696.) by MD Eddrish. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Exhibit, # 4 Supplement)(Carroll, Patrick) (Entered: 03/31/2026)

Apr 01, 2026

E-Filing Notification: 8 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing Notice of Motion form. Filer should submit form using Continuation of Exhibits event. (ARS)

#9

Apr 03, 2026

CONTINUATION OF EXHIBITS by MD Eddrish. to 8 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5773696.) Notice Motion Page filed by MD Eddrish. (Carroll, Patrick) (Entered: 04/03/2026)

#10

Apr 06, 2026

Letter filed by Acting Field Office Director, Buffalo Field Office, Todd Lyons, Kristi Noem, Warden of the Buffalo Federal Detention Facility re bond hearing. (Khalil, Adam) (Entered: 04/06/2026)

#11

Apr 07, 2026

TEXT ORDER re 10 Letter filed by Kristi Noem, Acting Field Office Director, Buffalo Field Office, Warden of the Buffalo Federal Detention Facility, Todd Lyons.The respondents have filed a letter, Docket Item 10, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 7, but found that the government met its burden on both danger and risk of flight. 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 enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/7/2026. (DDC)Clerk to Follow up (Entered: 04/07/2026)

#12

Apr 07, 2026

First MOTION to Enforce Judgment and for Immediate Release of Detainee by MD Eddrish. (Attachments: # 1 Declaration in support of enforcement and immediate release)(Carroll, Patrick) (Entered: 04/07/2026)

#13

Apr 08, 2026

TEXT ORDER re 12 First MOTION to Enforce Judgment and for Immediate Release of Detainee filed by MD Eddrish. Response due 4/15/2026. Reply due 4/20/2026. If necessary, the Court will schedule oral argument at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/8/2026. (DDC) (Entered: 04/08/2026)

#14

Apr 09, 2026

TEXT ORDER granting 8 Motion for Pro Hac Vice Admission for Keren Ohana, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/9/2026. (CMD)This was mailed to: Keren Ohana, Esq..Clerk to Follow up (Entered: 04/09/2026)

#15

Apr 14, 2026

Letter filed by Acting Field Office Director, Buffalo Field Office, Todd Lyons, Kristi Noem, Warden of the Buffalo Federal Detention Facility in opposition to Petitioner's Motion to Enforce. (Khalil, Adam) (Entered: 04/14/2026)

#16

Apr 16, 2026

REPLY/RESPONSE to re 12 First MOTION to Enforce Judgment and for Immediate Release of Detainee, 15 Letter, 13 Text Order, filed by MD Eddrish. (Carroll, Patrick) (Entered: 04/16/2026)

#17

May 05, 2026

TEXT ORDER re 12 First MOTION to Enforce Judgment and for Immediate Release of Detainee filed by MD Eddrish. Virtual Oral Argument set for 5/11/2026 at 10:30 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/5/2026. (CMD) (Entered: 05/05/2026)

#18

May 11, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re petitioner's 12 First MOTION to Enforce Judgment and for Immediate Release of Detainee held on 5/11/2026. 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. Court heard from parties and denied motion, as stated. Appearances by Teams Video Conference. For petitioner: Keren Ohana. For respondent: AUSA Adam A. Khalil. (Court Reporter Teams Video Conference.) (CMD) (Entered: 05/11/2026)

#19

May 11, 2026

TEXT ORDER denying 12 First MOTION to Enforce Judgment and for Immediate Release of Detainee filed by MD Eddrish for the reasons stated on the record. If the petitioner does not show cause why issues remain before this Court on or before 5/25/2026, the Clerk of the Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/11/2026. (DDC)Clerk to Follow up (Entered: 05/11/2026)

#20

May 26, 2026

JUDGMENT in favor of MD Eddrish against Acting Field Office Director, Buffalo Field Office, Warden of the Buffalo Federal Detention Facility, Kristi Noem, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 5/26/2026. (CGJ) (Entered: 05/26/2026)

#21

Jun 16, 2026

Letter filed by Acting Field Office Director, Buffalo Field Office, Todd Lyons, Kristi Noem, Warden of the Buffalo Federal Detention Facility with bond hearing transcript. (Khalil, Adam) (Entered: 06/16/2026)