Western District of New York • 1:25-cv-00306

#1

Apr 07, 2025

PETITION for Writ of Habeas Corpus, filed by Marco L. Perez Flores. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Envelope) (JHF) (Entered: 04/09/2025)

Apr 07, 2025

Filing fee received: $5.00, receipt number 100006936. (JHF)

Apr 09, 2025

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. (JHF)

Apr 09, 2025

Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)

#2

Apr 11, 2025

ORDER directing Respondent's answer and memorandum of law due or a motion to dismiss due within 45 days of this order. Petitioner shall have 25 days upon receipt of answer (or motion to dismiss) to file a response. Clerk shall serve a copy of 1 petition and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>. Signed by Hon. Lawrence J. Vilardo on 4/11/25. (Attachments: # 1 Petition) (JHF) (Entered: 04/11/2025)

Apr 11, 2025

Copy of 1 Petition for Writ of Habeas Corpus and 2 Order sent electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western District of New York. Mailed copy of 2 Order to pro se petitioner. (JHF)

#3

Apr 14, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Alejandro Mayorkas, Thomas Brophy, George Harvey (Khalil, Adam) (Entered: 04/14/2025)

#4

Apr 14, 2025

Letter filed by Pamela Bondi, Alejandro Mayorkas, Thomas Brophy, George Harvey re transfer of Petitioner prior to filing of habeas and this Court's lack of jurisdiction. (Khalil, Adam) (Entered: 04/14/2025)

#5

Apr 14, 2025

TEXT ORDER re 4 Letter filed by the respondents. The respondents shall file a motion to transfer venue, with accompanying memorandum of law, by 4/21/2025. The respondents' motion shall, in particular, address the fact that the petitioner signed his petition prior to his being transferred. The petitioner may respond by 4/28/2025. The Clerk of the Court shall also update the petitioner's address to: Marco L. Perez Flores, A-201-517-999, FCI Berlin, Federal Correctional Institution, P.O. Box 9000, Berlin, NH 03570. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/14/2025. (ZHM)This was mailed to: the petitioner at FCI Berlin, Federal Correctional Institution, P.O. Box 9000, Berlin, NH 03570. Clerk to Follow up (Entered: 04/14/2025)

#6

Apr 14, 2025

CERTIFICATE OF SERVICE by Kristi Noem, Steve Kurzdorfer, Joseph Freden, Pamela Bondi re 4 Letter, 3 Notice of Appearance (Khalil, Adam) (Entered: 04/14/2025)

Apr 15, 2025

Clerk updated Petitioner's address to: Marco L. Perez Flores, A-201-517-999, FCI BERLIN, Federal Correctional Institution, P.O. Box 9000, Berlin, NH 03570 per 5 Text Order. (JHF)

#7

Apr 17, 2025

Letter filed by Pamela Bondi, Kristi Noem, Alejandro Mayorkas, Steve Kurzdorfer, Joseph Freden, Thomas Brophy, George Harvey confirming that this court has jurisdiction over the case and no transfer will be sought. (Khalil, Adam) (Entered: 04/17/2025)

#8

Apr 17, 2025

TEXT ORDER re Docket Item 7 : The Court is in receipt of the letter filed by the respondents indicating that they do not intend to file a motion to transfer venue. The deadlines in the Court's scheduling order, Docket Item 2, remain in place. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/17/2025. (ZHM)This was mailed to: the petitioner. (Entered: 04/17/2025)

#9

Apr 17, 2025

CERTIFICATE OF SERVICE by Pamela Bondi, Kristi Noem, Steve Kurzdorfer, Joseph Freden re 7 Letter (Khalil, Adam) (Entered: 04/17/2025)

#10

Apr 21, 2025

Mail Returned as Undeliverable. Remark: Pro Se Packet sent to Adam A. Khalil. Pro Se Packet mailed to petitioner's updated address. (KM) (Entered: 04/22/2025)

#11

May 05, 2025

Letter from Marco Leonel Perez Flores, dated 5/1/2025. (DMK) (Entered: 05/05/2025)

#12

May 06, 2025

TEXT ORDER: The pro se petitioner, Marco Perez Flores, has been transferred from the Buffalo Federal Detention Facility ("BFDF") to FCI Berlin. Docket Item 4 . The letter filed by Perez Flores on 5/5/2025, Docket Item 11, says that he has lost access to his personal property, including legal documents, due to this transfer. The respondents shall address this claim in their forthcoming response to Perez Flores's petition. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/6/2025. (ZHM)This was mailed to: the petitioner. (Entered: 05/06/2025)

#13

May 09, 2025

Letter filed by Pamela Bondi, Kristi Noem, Steve Kurzdorfer, Joseph Freden re legal documents returned to Petitioner. (Khalil, Adam) (Entered: 05/09/2025)

#14

May 09, 2025

CERTIFICATE OF SERVICE by Pamela Bondi, Kristi Noem, Steve Kurzdorfer, Joseph Freden re 13 Letter (Khalil, Adam) (Entered: 05/09/2025)

#15

May 27, 2025

RESPONSE to 1 Petition for Writ of Habeas Corpus by Pamela Bondi, Kristi Noem, Steve Kurzdorfer, Joseph Freden. (Attachments: # 1 Declaration of DO DiRienzo, # 2 Exhibit A to DiRienzo Dec., # 3 Declaration of AUSA Waterman, # 4 Exhibit A to Waterman Dec., # 5 Exhibit B to Waterman Dec., # 6 Exhibit C to Waterman Dec., # 7 Memorandum of Law in Opposition)(Khalil, Adam) (Entered: 05/27/2025)

#16

May 27, 2025

CERTIFICATE OF SERVICE by Pamela Bondi, Kristi Noem, Steve Kurzdorfer, Joseph Freden re 15 Response to Habeas Petition, (Khalil, Adam) (Entered: 05/27/2025)

#17

Jun 17, 2025

IN SUPPORT re 1 Petition for Writ of Habeas Corpus byMarco L. Perez Flores. (Attachments: # 1 Envelope) (TMK) (Entered: 06/17/2025)

#18

Jul 14, 2025

DECISION AND ORDER: As explained in the decision and order, within 14 calendar days of the date of this decision and order the government must release the petitioner, Marco. L. Perez Flores, from detention unless a neutral decisionmaker conducts an i ndividualized hearing to determine whether Perez Flores's continued detention is justified. At any such hearing, the government has the burden of demonstrating by clear and convincing evidence that Perez Flores's continued detention is nece ssary to serve a compelling regulatory purpose, such as minimizing risk of flight or danger to the community. Whether detention is necessary to serve a compelling regulatory purpose requires consideration of whether a less-restrictive alternative to detention would also address the government's interests. In other words, the decisionmaker must find that no condition or combination of conditions of release can reasonably ensure Perez Flores's appearance and the safety of the community 8212that is, even with conditions, Perez Flores presents an identified and articulable risk of flight or a threat to the community. The immigration judge must consider Perez Flores's ability to pay when setting any bond amount. Within 30 day s of the date of this decision and order the government shall file an affidavit certifying compliance with this order. That affidavit should include a copy of the bond hearing order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 7/14/2025. (ZHM)This was mailed to: the petitioner.

#19

Jul 25, 2025

Letter filed by Pamela Bondi, Kristi Noem, Alejandro Mayorkas, Steve Kurzdorfer, Joseph Freden, Thomas Brophy, George Harvey with bond hearing order. (Khalil, Adam) (Entered: 07/25/2025)

#20

Aug 29, 2025

TEXT ORDER: On July 14, 2025, this Court granted in part the petition for a writ of habeas corpus filed by the pro se petitioner, Marco. L. Perez Flores. Docket Item 18 at 17-18. More specifically, the Court held that "the government must release Perez Flores from detention unless," within 14 days of the Court's order, "a neutral decisionmaker conduct[ed] an individualized hearing to determine whether [his] continued detention is justified." Id. The Court also ordered that "[w]ithin 30 days of the date of this decision and order[,] the government shall file an affidavit certifying compliance with th[e Court's] order" and shall "include a copy of the bond hearing order." Id. at 18 (bold omitted).On July 25, 2025, the government filed a letter stating that an immigration judge had conducted a bond hearing for Perez Flores on July 24, 2025. Docket Item 19 . At the close of that hearing, the immigration judge denied bond, "render[ing] a full decision orally." Id. at 1-2. The government attached a copy of the "summary bond order" and stated that it would file a transcript of that decision "pursuant to this Court's requirement." See id. at 1-3. But more than a month later, it still has not done so.The government shall file a transcript of the immigration judge's decision no later than 9/5/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/29/2025. (CRT)This was mailed to: the petitioner. (Entered: 08/29/2025)

#21

Aug 29, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Joseph Freden, George Harvey, Steve Kurzdorfer, Alejandro Mayorkas, Kristi Noem with transcript. (Khalil, Adam) (Entered: 08/29/2025)

#22

Aug 29, 2025

CERTIFICATE OF SERVICE by Pamela Bondi, Joseph Freden, Steve Kurzdorfer, Kristi Noem re 21 Letter (Khalil, Adam) (Entered: 08/29/2025)

#23

Oct 10, 2025

TEXT ORDER: On July 14, 2025, this Court granted a conditional writ of habeas corpus to the petitioner. Docket Item 18 . Ten days later, consistent with this Court's direction, an Immigration Judge conducted a bond hearing at which he found that the government had established by clear and convincing evidence that the petitioner "pose[d] a danger to the community, as well as a flight risk." See Docket Item 21 at 16. The IJ further found that "no alternatives to detention... could ameliorate that danger and flight risk." See id. More than a month has passed since then, and the petitioner has not presented any evidence that the IJ failed to comply with this Court's order. This Court therefore has disposed "of the matter as law and justice require," 28 U.S.C. § 2243, and the Clerk of the Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/10/2025. (ZHM)This was mailed to: the petitioner.Clerk to Follow up (Entered: 10/10/2025)

#24

Nov 04, 2025

JUDGMENT in favor of Alejandro Mayorkas, George Harvey, Joseph Freden, Kristi Noem, Pamela Bondi, Steve Kurzdorfer, Thomas Brophy against Marco L. Perez Flores. Signed by Mary C. Loewenguth, Clerk of Court on 11/4/2025. (TMK)This was mailed to: Marco L. Perez Flores. (Entered: 11/04/2025)