Western District of New York • 6:26-cv-06348

#1

Mar 24, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5764374.), filed by Dailer David Cadevilla Noguera. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 03/24/2026)

#2

Mar 25, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), finding 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. In addition, this Court issued Decision and Orders in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226, and not § 1225. The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo, 2025 WL 3290694, at *4-5. In deciding whether the government has met their burden of proof, the IJ must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in continued detention and if the IJ finds that the government has not met this burden, then in setting any bond the IJ must consider ability to pay and alternative conditions of release. Id.Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before April 1, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that 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, Petitioner's ability to pay.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as 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.Further, the Clerk's Office is directed to serve a copy of the petition and this Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/25/2026. (MGB)Clerk to Follow up (Entered: 03/25/2026)

Mar 25, 2026

Clerk emailed 1 Petition and 2 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (DMK)

Mar 25, 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. (ARS)

Mar 25, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (ARS)

#3

Mar 27, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/27/2026)

#4

Mar 27, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/27/2026)

#5

Mar 30, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 03/30/2026. (EKH) (Entered: 03/30/2026)

#6

Apr 02, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/02/2026)

#7

Apr 08, 2026

TEXT ORDER. On April 2, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 6). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before April 15, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/8/2026. (EKH) (Entered: 04/08/2026)

#8

Apr 17, 2026

JUDGMENT in favor of James Bausch, Kristi Noem, Pamela Bondi, Philip Rhoney, Todd Lyons against Dailer David Cadevilla Noguera. Signed by Andrew W. Moeller, Clerk of Court on 4/17/2026. (DMK) (Entered: 04/17/2026)

#9

Apr 17, 2026

TEXT ORDER vacating 8 Judgment. On April 17, 2026, a judgment in favor of Respondents was incorrectly entered in this case (Dkt. 8). Accordingly, the judgment is hereby vacated, and the Clerk of Court is directed to enter an amended judgment in favor of Petitioner. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/17/2026. (EKH) Clerk to Follow up (Entered: 04/17/2026)

#10

Apr 17, 2026

JUDGMENT in favor of Dailer David Cadevilla Noguera against James Bausch, Kristi Noem, Pamela Bondi, Philip Rhoney, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 4/17/2026. (DMK) (Entered: 04/17/2026)