Western District of New York • 1:26-cv-00571

Martinez v. Bausch

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Case Information

Filed: March 25, 2026
Assigned to: Elizabeth Ann Wolford
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 27, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 25, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5765671.), filed by JUAN ANTONIO MARTINEZ. (Attachments: # 1 Civil Cover Sheet)(Stillman, Lina) (Entered: 03/25/2026)
Main Document: PETITION
Mar 26, 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. (MMG)
Mar 26, 2026
Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (MMG)
#2
Mar 27, 2026
TEXT ORDER re 1 Petition. Respondents' response to the petition shall be due on or before April 6, 2026. Petitioner's reply is due on or before April 10, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers.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 03/27/2026. (JKS) (Entered: 03/27/2026)

Parties

BAUSCH
Party
MARTINEZ
Party