Western District of New York • 1:26-cv-00633

#1

Mar 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5772112.), filed by Nelson Wilson Rodriguez Gomez. (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 Nelson Wilson Rodriguez Gomez.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. (DDC) (Entered: 03/31/2026)

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)

Mar 31, 2026

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

#3

Apr 02, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 04/02/2026)

#4

Apr 02, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 04/02/2026)

#5

Apr 02, 2026

AMENDED DOCUMENT by Nelson Wilson Rodriguez Gomez. AMENDED HABEAS PETITION. (Hartman, Theodore) (Entered: 04/02/2026)

#6

Apr 03, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Nelson Wilson Rodriguez Gomez.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. In response, the "[r]espondents acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 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 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. The parties also informally indicated that Rodriguez Gomez entered the country without parole. On 4/2/2026, Rodriguez Gomez filed an amended petition stating that "[u]pon information and belief, [he] did not enter with parole nor admission." Docket Item 5 ¶ 3. So, like the government suggested, see Docket Item 4 at 1, Alvarez Ortiz—not Cabrera Martinez or Mata Velasquez— applies to this case. 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 4/10/2026, 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. (DDC) (Entered: 04/03/2026)

#7

Apr 06, 2026

TEXT ORDER granting the respondents' informal request for an extension of time to file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody until 4/12/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/6/2026. (DDC) (Entered: 04/06/2026)

#8

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)

#9

Apr 10, 2026

TEXT ORDER re 8 Letter filed by Markwayne Mullin, Philip Rhoney, Todd Lyons, James Bausch, Pamela Bondi.The respondents have filed a letter, Docket Item 8, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 6, but found that the government met its burden on 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 4/10/2026. (DDC)Clerk to Follow up (Entered: 04/10/2026)

#10

Apr 18, 2026

First MOTION to Enforce Judgment by Nelson Wilson Rodriguez Gomez.(Hartman, Theodore) (Entered: 04/18/2026)

#11

Apr 20, 2026

TEXT ORDER re 10 First MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez. Response due 4/27/2026. Reply due 5/1/2026. If necessary, the Court will schedule oral argument at a later time. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/20/2026. (DDC) (Entered: 04/20/2026)

#12

Apr 27, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney in opposition to Petitioner's Motion to Enforce (ECF No. 10). (Khalil, Adam) (Entered: 04/27/2026)

#13

May 08, 2026

TEXT ORDER re 10 First MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez. Virtual Oral Argument set for 5/15/2026 at 3:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/8/2026. (CMD) (Entered: 05/08/2026)

#14

May 15, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 10 First MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez held on 5/15/2026. After hearing from parties, the Court denied motion. Appearances by Teams Video Conference. For petitioner: Theodore G. Hartman. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 05/15/2026)

#15

May 15, 2026

TEXT ORDER denying 10 First MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez for the reasons stated on the record. If the petitioner does not show cause why issues remain before this Court on or before 5/29/2026, the Clerk of the Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/15/2026. (DDC)Clerk to Follow up (Entered: 05/15/2026)

#16

May 29, 2026

MOTION to Enforce Judgment by Nelson Wilson Rodriguez Gomez.(Hartman, Theodore) (Entered: 05/29/2026)

#17

Jun 01, 2026

TEXT ORDER re 16 MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez. The petitioner has filed a second motion to enforce "ask[ing] for a new bond hearing whe[re] the Immigration Judge is directed to permit the [p]etitioner to testify as to what transpired at the traffic stop where it is alleged he fled." Docket Item 16 at 1-2. The petitioner, however, has not filed a memorandum of law in support of his request.The Court construes the petitioner's motion as a motion for a new bond hearing on constitutional due process grounds. The petitioner shall file a memorandum of law in support of his motion on or before 6/8/2026. The respondents shall respond on or before 6/15/2026. The petitioner may reply on or before 6/18/2026. If necessary, oral argument will be scheduled at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/1/2026. (DDC) (Entered: 06/01/2026)

#18

Jun 04, 2026

TEXT ORDER re 16 MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez. The respondents shall file a transcript of the bond hearing on or before 6/15/2026 along with their response to the motion to enforce. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/4/2026. (RFI) (Entered: 06/04/2026)

#19

Jun 08, 2026

MEMORANDUM in Support re 16 MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez. (Hartman, Theodore) (Entered: 06/08/2026)

#20

Jun 15, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re delay in obtaining transcript. (Khalil, Adam) (Entered: 06/15/2026)

#21

Jun 15, 2026

TEXT ORDER granting the respondents' letter request for an extension of time to file the transcript of the petitioner's bond hearing and respond to the motion to enforce until 6/22/2026, Docket Item 20 . The petitioner may reply on or before 6/29/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/15/2026. (DDC) (Entered: 06/15/2026)

#22

Jun 15, 2026

MEMORANDUM in Opposition re 16 MOTION to Enforce Judgment filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/15/2026)

#23

Jun 22, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re further delay in production of transcript. (Khalil, Adam) (Entered: 06/22/2026)

#24

Jun 22, 2026

TEXT ORDER granting the respondents' letter request for an extension of time to file the transcript of the petitioner's bond hearing, Docket Item 23, until 6/23/2026. The petitioner may reply in support of his motion to enforce, Docket Item 16, on or before 6/30/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/22/2026. (DDC) (Entered: 06/22/2026)

#25

Jun 23, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney with bond hearing transcript. (Khalil, Adam) (Entered: 06/23/2026)

#26

Jul 13, 2026

TEXT ORDER re 16 MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez. Virtual Oral Argument set for 7/21/2026 at 2:00 PM 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 7/13/2026. (CMD) (Entered: 07/13/2026)

#27

Jul 21, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 16 MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez held on 7/21/2026. After hearing from parties, the Court denied motion. Appearances by Teams Video Conference. For petitioner: Theodore G. Hartman. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (RFI) (Entered: 07/21/2026)

#28

Jul 21, 2026

TEXT ORDER denying 16 MOTION to Enforce Judgment filed by Nelson Wilson Rodriguez Gomez for the reasons stated on the record. If the petitioner does not show cause why issues remain before this Court on or before 7/28/2026, the Clerk of the Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/21/2026. (RFI)Clerk to Follow up (Entered: 07/21/2026)

#29

Jul 29, 2026

JUDGMENT in favor of Nelson Wilson Rodriguez Gomez against James Bausch, Markwayne Mullin, Pamela Bondi, Philip Rhoney, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 7/29/2026. (TME) (Entered: 07/29/2026)

#30

Jul 29, 2026

MOTION for Leave to Participate in Electronic Filing filed by Translator Kelly W. Sackheim. (LB) (Entered: 08/04/2026)

#31

Aug 06, 2026

TEXT ORDER granting 30 motion for leave to obtain electronic access to docket. On July 29, 2026, non-party Kelly Sackheim, a translator who was contacted by the petitioner (and multiple other detainees at the Buffalo Federal Detention Facility) for assistance with a pending habeas petition, moved for this Court's permission to allow her access to CM/ECF in this case so that she can receive more timely copies of filings to assist with translation. The request is granted. The Clerk is directed to add Ms. Sackheim as a "noticing party" in the case, which will permit her to receive a Notice of Electronic Filing for any filing but will not affect the petitioner's status as a pro se litigant. The petitioner will continue to receive paper copies of all filings by mail. Additionally, Ms. Sackheim stated in her filing that the petitioner "has requested to dismiss his attorney" and needs "additional time...to...show cause why issues remain before this Court." Docket Item 30 at 1. Any such request must come directly from the petitioner, and this Court already has entered judgment, Docket Item 29, after receiving no response to its show cause order by the deadline, see Docket Item 28. But in light of Ms. Sackheim's representations, the petitioner may file any submissions seeking to dismiss his attorney and reopen the case within 30 days of the date of this order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/6/2026. (RFI)This was mailed to: the petitioner and Kelly Sackheim.Clerk to Follow up (Entered: 08/06/2026)

#34

Oct 05, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney, Kelly W. Sackheim in response to ECF No. 32. (Khalil, Adam) (Entered: 10/05/2026)

#35

Oct 05, 2026

TEXT ORDER: re 1 Petition for Writ of Habeas Corpus filed by Nelson Wilson Rodriguez Gomez. In Last Name Unknown v. Ball, 2026 WL 2096666, at *4 (W.D.N.Y. July 21, 2026), this Court held that a petitioner whose detention was governed by 8 U.S.C. § 1226(a) was entitled to immediate release when a warrant had not been obtained prior to his arrest. Because the petitioner alleged that he was arrested without a warrant, see Docket Item 32 at 1, the Court ordered the respondents to respond to the petitioner's allegation, Docket Item 33. In response, the respondents concede that "no warrant was ever issued for [the petitioner's] arrest." Docket Item 34 at 1. Accordingly, because the respondents had not issued a warrant, the petitioner is entitled to his immediate release and the respondents shall release him within 24 hours of this order. The respondents may reimpose any conditions of release that were in place at the time at the time of the petitioner's arrest but may not impose new conditions.On or before 10/7/2026, the respondents shall file a letter attesting to the petitioner's release.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/5/2026. (WTW)This was mailed to: the petitioner. (Entered: 10/05/2026)