Western District of New York • 1:26-cv-00653

#1

Apr 02, 2026

First PETITION for Writ of Habeas Corpus UNDER 28 U.S.C. § 2241 BY A PERSON IN CUSTODY ( Filing fee $ 5 receipt number ANYWDC-5777205.), filed by Jose David Perozo-Landaeta. (Attachments: # 1 Exhibit BOND DENIAL, # 2 Supplement TRO, # 3 Memorandum in Support of Habeas, # 4 Memorandum in Support of TRO, # 5 Text of Proposed Order, # 6 Exhibit 1, # 7 Exhibit 2)(Bohorquez Romero, Andrea) (Entered: 04/02/2026)

#2

Apr 03, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Jose David Perozo-Landaeta. 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). The Court will issue a subsequent order regarding the petition and the government's response. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/3/2026. (DDC) (Entered: 04/03/2026)

#3

Apr 03, 2026

CONTINUATION OF EXHIBITS by Jose David Perozo-Landaeta. to 1 Petition for Writ of Habeas Corpus, filed by Jose David Perozo-Landaeta. (Attachments: # 1 Supplement Proof of TPS, # 2 Supplement Proof of previous case dismissal, # 3 Supplement Proof of pending aff asylum)(Bohorquez Romero, Andrea) (Entered: 04/03/2026)

#4

Apr 03, 2026

NOTICE by Jose David Perozo-Landaeta Consent to a Magistrate Judge (Bohorquez Romero, Andrea) (Entered: 04/03/2026)

#5

Apr 03, 2026

TEXT ORDER granting in part 1 Motion for a Temporary Restraining Order filed by Jose David Perozo-Landaeta. 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 4/10/2026, 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 4/3/2026. (DDC) (Entered: 04/03/2026)

Apr 03, 2026

Filing fee paid on case 26-cv-00658. This fee should be applied to this action because the attorney did not complete opening case 26-cv-00658. Receipt number ANYWDC-5777205. (DMK)

Apr 03, 2026

E-Filing Notification regarding 1 First PETITION for Writ of Habeas Corpus : Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (MMG)

Apr 03, 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)

Apr 03, 2026

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