Northern District of New York • 9:26-cv-00713

#1

Apr 13, 2026

PETITION for Writ of Habeas Corpus filed by Erickson Jhonaikerht Hernandez Villasmil. (Attachments: # 1 Civil Cover Sheet)(nas ) (Entered: 04/13/2026)

#2

Apr 13, 2026

TEXT ORDER directing the Clerk to serve copies of this Text Order and the Petition upon the United States Attorney for the Northern District of New York; and it is ORDERED that Respondents shall file and serve an answer to the Petition within fourteen (14) days of the date of this Text Order, no later than Monday, April 27, 2026; and it is ORDERED that Petitioner may, but is not required to, file a reply within seven (7) days of the filing date of Respondents' answer. Respondents are ENJOINED from transferring Petitioner outside of the Northern District of New York without prior leave of Court. The Court will determine whether a hearing is necessary upon review of Respondents' answer and, if filed, Petitioner's reply. SO ORDERED by U.S. District Judge Mae A. D'Agostino on April 13, 2026. {served as directed}(nas) (Entered: 04/13/2026)

Apr 13, 2026

Filing fee: $ 5.00, receipt number 281CSAUP (nas, )

#3

Apr 27, 2026

RESPONSE to 1 Petition for Writ of Habeas Corpus by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Declaration of Kyle Freeman, ICE Deportation Officer, # 2 Exhibit(s) A to Freeman Decl,)(Folster Lesperance, Karen) (Entered: 04/27/2026)

#4

Apr 30, 2026

Reply to re 3 Response to Habeas Petition, by Erickson Jhonaikerht Hernandez Villasmil. (Borowski, Matthew) (Entered: 04/30/2026)

#5

May 05, 2026

MEMORANDUM-DECISION AND ORDER granting 1 Petition for Writ of Habeas Corpus filed by Erickson Jhonaikerht Hernandez Villasmil: The Court hereby ORDERED that the Petition for a writ of habeas corpus, Dkt. No. 1, is GRANTED; and it is further ORDERED that Petitioner shall be immediately released from custody; and it is further ORDERED that Respondents shall certify compliance with the Court's order regarding Petitioner's release no later than Friday, May 8, 2026, at 5:00 P.M.; and it is further ORDERED that having considered the particular circumstances of this case and Mathews v. Eldridge, 424 U.S. 319 (1976), Petitioner Erickson Jhonaikerht Hernandez Villasmil shall not be re-detained without adequate notice to Petitioner and without an opportunity to be heard at a hearing where the Government will have the burden of showing that his detention is authorized under 8 U.S.C. § 1226(a) and the burden to demonstrate by clear and convincing evidence that Petitioner is either a danger to the community or a flight risk; and it is further ORDERED that pending the issuance of any final removal order against Petitioner Erickson Jhonaikerht Hernandez Villasmil, Respondents are also enjoined from denying him bond in any subsequent proceeding on the basis that he must be detained pursuant to 8 U.S.C. § 1225(b), absent a change in relevant circumstances, consistent with this Memorandum- Decision and Order; and it is further ORDERED that the Clerk of the Court shall enter judgment in Petitioner's favor and close this case; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Memorandum- Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 5/5/26. (ban) (Entered: 05/05/2026)

#6

May 05, 2026

JUDGMENT in favor of Erickson Jhonaikerht Hernandez Villasmil against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. (Attachments: # 1 Appeal Notice) (ban) (Entered: 05/05/2026)