Western District of New York • 1:26-cv-00624

#1

Mar 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5771363.), filed by ZABDIEL HERRERA NAVAS. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 03/30/2026)

#2

Mar 31, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Zabdiel Herrera Navas 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 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. And in Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), this Court concluded "that both common sense and the words of the statute require parole revocation to be analyzed on a case-by-case basis and that a decision to revoke parole must attend to the reasons an individual [noncitizen] received parole." Id. at 146 (citation and internal quotation marks omitted). It appears that the holding of Cabrera Martinez or Mata Velasquez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 4/7/2026 why, in light of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner, see Mata Velasquez, 794 F. Supp. 3d at 154, or 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, see Cabrera Martinez, 2025 WL 3771228, at *15. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/31/2026. (ZHM) (Entered: 03/31/2026)

Mar 31, 2026

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

Mar 31, 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)

#3

Apr 02, 2026

AMENDED DOCUMENT by Zabdiel Herrera Navas. AMENDED HABEAS PETITION. (Hartman, Theodore) (Entered: 04/02/2026)

#4

Apr 03, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney (Khalil, Adam) (Entered: 04/03/2026)

#5

Apr 03, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 04/03/2026)

#6

Apr 03, 2026

TEXT ORDER: On 3/31/2026, this Court ordered the respondents to show cause why, in light of its decisions in Cabrera Martinez v. Marich, --- F.Supp.3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 2025) and Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), "(1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner..., or 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. Shortly thereafter, the petitioner filed an amended petition stating that "[u]pon information and belief [he] did not enter with parole." Docket Item 3 ¶ 3. The respondents, however, have since indicated that the petitioner "was paroled on October 5, 2023," but that his parole since has expired. Docket Item 5 at 1 n.1. And in light of that information, the "[r]espondents acknowledge[d] that this Court's prior ruling [in Cabrera Martinez] concern[ed] a similar challenge to the government policy or practice at issue in this case, and if the Court follows that prior ruling, it would control the result in this case." Id. 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 Cabrera Martinez, 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 4/13/2026, 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 4/3/2026.(ZHM) (Entered: 04/03/2026)

#7

Apr 10, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/10/2026)

#8

Apr 13, 2026

TEXT ORDER re 7 Letter filed by Markwayne Mullin, Philip Rhoney, Todd Lyons, James Bausch, Pamela Bondi The respondents have filed a letter, Docket Item 7, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 6, 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 4/13/2026. (ZHM)Clerk to Follow up (Entered: 04/13/2026)