Western District of New York • 1:26-cv-00586

#1

Mar 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5767453.), filed by ZAUIRI MIGINEISHVILI. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - ICE Detainee Locator, # 3 Exhibit B - Notice to Appear, # 4 Exhibit C - Order of Release, # 5 Exhibit D - Politico Article)(Langer, Jonathan) (Entered: 03/26/2026)

#2

Mar 27, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Zauiri Migineishvili 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). In Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), this Court held 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. The Court further held "that 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 under section 1226(a)." Id. at 598. And in Cabrera Martinez v. Marich, --- F.Supp.3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. It appears that the holding of Alvarez Ortiz and/or Cabrera Martinez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 4/3/2026, why, in light of one or both of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not order that the petitioner receive a bond hearing at which the government 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. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/27/2026. (ZHM) (Entered: 03/27/2026)

Mar 27, 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 27, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG)

#3

Mar 30, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney (Khalil, Adam) (Entered: 03/30/2026)

#4

Mar 30, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 03/30/2026)

#5

Mar 30, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Zauiri Migineishvili On 3/27/2026, 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 bond hearing at which the government 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 2 . In response, the "[r]espondents acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz] 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 4 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, this Court GRANTS the petition and ORDERS the respondents to provide the petitioner with an individualized bond hearing before an immigration judge within seven calendar days of the date of this order. At that hearing, the government 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 4/7/2026, 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 3/30/2026.(ZHM) (Entered: 03/30/2026)

#6

Mar 31, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,, ** CORRECTED ** filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 03/31/2026)

Mar 31, 2026

E-Filing Notification: 4 REPLY/RESPONSE to re 2 Text Order,,,,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) ACTION REQUIRED: The Plaintiff's name in the caption does not match the name in the document. Please refile document. (DDS)

#7

Apr 01, 2026

Letter filed by Zauiri Migineishvili requesting clarification that Petitioner may request a continuance of his scheduled immigration court bond hearing. (Langer, Jonathan) (Entered: 04/01/2026)

#8

Apr 02, 2026

TEXT ORDER re 7 Letter filed by Zauiri Migineishvili. The petitioner has represented that he would like to seek a "continuance before the Immigration Court to allow reasonable time for counsel's preparation." Id. In light of that representation, the deadline for the respondents to tile a status report, see Docket Item 5, will be held in abeyance pending an update on the petitioner's bond hearing. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/2/2026. (ZHM) (Entered: 04/02/2026)

#9

Apr 02, 2026

TEXT ORDER: In response to the petitioner's letter, Docket Item 7, the Court clarifies that a continuation, at the request of the petitioner, of the bond hearing contemplated in its prior order, see Docket Item 5, would not violate that order. The parties shall provide an update on the status of the petitioner's bond hearing on or before 4/10/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/2/2026. (ZHM) (Entered: 04/02/2026)

#10

Apr 06, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/06/2026)

#11

Apr 07, 2026

TEXT ORDER: On 4/2/2026, this Court ordered the parties to "provide an update on the status of the petitioner's bond hearing on or before 4/10/2026." Docket Item 9 . The respondents now 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 5, 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 enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/7/2026. (ZHM)Clerk to Follow up (Entered: 04/07/2026)

#12

Apr 22, 2026

JUDGMENT in favor of Zauiri Migineishvili against James Bausch, Markwayne Mullin, Pamela Bondi, Philip Rhoney, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 4/22/2026. (DDS) Modified on 4/23/2026 to edit who signed the judgment (TMK). (Entered: 04/22/2026)