Western District of New York • 1:25-cv-01110

#1

Oct 30, 2025

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5615044.), filed by Roberto Antonio Cabrera Martinez. (Attachments: # 1 Order to Show Cause, # 2 Civil Cover Sheet, # 3 Summons)(Kerben, Reuben) (Entered: 10/30/2025)

#2

Oct 31, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Roberto Antonio Cabrera Martinez. To maintain the status quo, and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted, the respondents are temporarily enjoined from removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also are enjoined from transferring the petitioner 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 promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/31/2025. (RFI) (Entered: 10/31/2025)

#3

Oct 31, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Roberto Antonio Cabrera Martinez. Status Conference set for 10/31/2025 at 1:30 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 10/31/2025. (RFI) (Entered: 10/31/2025)

#4

Oct 31, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 1 Petition for Writ of Habeas Corpus filed by Roberto Antonio Cabrera Martinez held on 10/31/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Petitioner's preliminary motion for release is due by 11/7/2025. Respondent's response due by 11/17/2025. Reply due by 11/21/2025. Oral Argument (virtual) set for 11/24/2025 at 2:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Court reviewed application and set briefing schedule as follows: Respondents' response is due by 12/15/2025. Petitioner's reply is due by 12/29/2025. If necessary, oral argument will be scheduled by the Court. Appearances by Teams Video Conference. For petitioner: Reuben S. Kerben and Avi Silberberg. For respondents: AUSA Adam Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/31/2025)

Oct 31, 2025

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLH)

Oct 31, 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. (JLH)

Oct 31, 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. (LB)

#5

Nov 03, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Edward Newman, Kristi L. Noem (Khalil, Adam) (Entered: 11/03/2025)

#6

Nov 05, 2025

Letter filed by Pamela Bondi, Edward Newman, Kristi L. Noem with Notice to Appear. (Khalil, Adam) (Entered: 11/05/2025)

#7

Nov 07, 2025

MOTION for Preliminary Injunction by Roberto Antonio Cabrera Martinez. (Attachments: # 1 Text of Proposed Order)(Kerben, Reuben) (Entered: 11/07/2025)

#8

Nov 13, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Edward Newman, Kristi L. Noem. (Attachments: # 1 Memorandum in Support of MTD and in opp to Martinez's motion for PI)(Khalil, Adam) (Entered: 11/13/2025)

#12

Dec 01, 2025

MEMORANDUM in Support re 7 MOTION for Preliminary Injunction and Immediate Release filed by Roberto Antonio Cabrera Martinez. (Kerben, Reuben) (Entered: 12/01/2025)

#14

Dec 04, 2025

TEXT ORDER re 12 Memorandum in Support of Motion filed by Roberto Antonio Cabrera Martinez. Oral Argument set for 12/10/2025 at 2:00 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 12/4/2025. (RFI) (Entered: 12/04/2025)

#15

Dec 05, 2025

REPLY/RESPONSE to re 13 Oral Argument,,,, Set Deadlines,,, filed by Pamela Bondi, Edward Newman, Kristi L. Noem. (Khalil, Adam) (Entered: 12/05/2025)

#16

Dec 05, 2025

TEXT ORDER. TIME CHANGE ONLY. Virtual Oral Argument re: 12 Memorandum in Support of Motion filed by Roberto Antonio Cabrera Martinez scheduled on 12/10/2025 will now be held at 3:00PM. 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 12/5/2025. (CMD) (Entered: 12/05/2025)

#17

Dec 05, 2025

CONTINUATION OF EXHIBITS to 15 Reply/Response (Form I-213). (Khalil, Adam) (Entered: 12/05/2025)

#24

Dec 31, 2025

DECISION & ORDER granting 7 Motion for Preliminary Injunction; denying 8 Motion to Dismiss for Failure to State a Claim. For the reasons explained in the attached decision and order, the Court finds that Cabrera Martinez is not subject to ma ndatory detention under 8 U.S.C. § 1225(b)(2) but instead is detained under section 1226(a). As a result, the Court DENIES the respondents' motion to dismiss, Docket Item 8, and finds that Cabrera Martinez is likely to succeed on the merits of his claim. The Court further finds that Cabrera Martinez has established irreparable harm and that the balance of the equities weighs in his favor. Thus, the Court GRANTS his motion for a preliminary injunction, Docket Item 7. More specifical ly, the Court ORDERS the respondents to provide Cabrera Martinez with an individualized bond hearing before an immigration judge within seven calendar days of the date of this decision and order at which the government shall bear the burden to demons trate, by clear and convincing evidence, that he 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, Cabrera Martinezs ability to pay. If t he respondents fail to provide such a hearing within seven calendar days, they shall immediately release Cabrera Martinez. On or before January 8, 2026, the respondents shall (1) file a status report confirming that Cabrera Martinez either has bee n granted a bond hearing in compliance with this decision and order or has been released from custody, and (2) show cause why the petition should not be granted for the reasons explained in this decision and order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 12/31/2025. (RFI)