Western District of New York • 1:26-cv-00798

#1

Apr 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5799137.), filed by Frederick Diaz Padilla. (Attachments: # 1 Exhibit Austin Decl. and Accompanying Exhibits A-C, # 2 Civil Cover Sheet Civil Cover Sheet)(Austin, Paige) (Entered: 04/21/2026)

#2

Apr 22, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), finding 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. In addition, this Court issued Decision and Orders in Ivonin v. Rhoney, et al., No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226, and not § 1225. The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo, 2025 WL 3290694, at *4-5. In deciding whether the government has met their burden of proof, the IJ must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in continued detention and if the IJ finds that the government has not met this burden, then in setting any bond the IJ must consider ability to pay and alternative conditions of release. Id.Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before April 29, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that 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, Petitioner's ability to pay.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as 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.Further, the Clerk's Office is directed to serve a copy of the petition and this Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/22/2026. (EKH)Clerk to Follow up (Entered: 04/22/2026)

Apr 22, 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. (ARS)

Apr 22, 2026

Clerk emailed 1 Petition and 2 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

Apr 22, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (ARS)

#3

Apr 26, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Michael Ball, Todd Blanche, Stephen Kurzdorfer, Markwayne Mullin (Khalil, Adam) (Entered: 04/26/2026)

#4

Apr 26, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,,,,, filed by Michael Ball, Todd Blanche, Stephen Kurzdorfer, Markwayne Mullin. (Khalil, Adam) (Entered: 04/26/2026)

#5

Apr 27, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 4/27/2026. (EKH)Clerk to Follow up (Entered: 04/27/2026)

#6

May 05, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney re Petitioner's withdrawal of request for a bond hearing. (Khalil, Adam) (Entered: 05/05/2026)

#7

May 05, 2026

Letter filed by Frederick Diaz Padilla . (Austin, Paige) (Entered: 05/05/2026)

#8

Jun 08, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney re Petitioner's stipulating to removal and lifting of stays. (Khalil, Adam) (Entered: 06/08/2026)

#9

Jun 11, 2026

TEXT ORDER re: 8 Letter. On or before June 18, 2026, Petitioner shall respond and set forth his position with respect to Respondent's request to lift the stay of transfer and stay of removal as set forth in the Court's April 22, 2026 text order (Dkt. 2). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/11/2026. (EKH) (Entered: 06/11/2026)

#10

Jun 26, 2026

TEXT ORDER granting 8 request to vacate temporary restraining order ("TRO"). The government requests that the Court lift the TRO preventing Petitioner's transfer and removal from this District (and corresponding removal from the country) in order to effectuate Petitioners removal. Petitioner has not filed any opposition to the request. (Dkt. 9). The law is clear that this Court lacks jurisdiction to review, directly or indirectly, a final order of deportation (and this extends to any stay of removal). Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 151 (W.D.N.Y. 2025) (citations omitted). Therefore, while the Court issued the TRO to facilitate a resolution of the issues raised in the petition, and the Court further retains jurisdiction to address the underlying petition, the Court does not have the power to prevent Petitioner's removal and accordingly, the TRO is hereby vacated. Petitioner may be removed from this District and the country without violating any order of this Court. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/26/2026. (MGB) (Entered: 06/26/2026)

#11

Jul 02, 2026

TEXT ORDER. On April 27, 2026, the Court granted the petition to the extent that Petitioner seeks a bond hearing. (Dkt. 5). Thereafter, Petitioner was ordered removed and Respondents requested that the temporary restraining order preventing Petitioner's transfer and removal be lifted in order to effectuate his removal. Petitioner did not object and on June 26, 2026, the Court granted Respondents' request. (Dkt. 10). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before July 10, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/02/2026. (MGB) (Entered: 07/02/2026)

#12

Jul 17, 2026

TEXT ORDER. On April 27, 2026, the Court granted the petition to the extent that Petitioner seeks a bond hearing. (Dkt. 5). Thereafter, Petitioner was ordered removed and Respondents requested that the temporary restraining order preventing Petitioner's transfer and removal be lifted in order to effectuate his removal. Petitioner did not object and on June 26, 2026, the Court granted Respondents' request. (Dkt. 10). The Court issued a Text Order on July 2, 2026, directing the parties to inform the Court on or before July 10, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 11). Accordingly, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of Court to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/17/2026. (EKH)Clerk to Follow up (Entered: 07/17/2026)

#13

Jul 17, 2026

JUDGMENT in favor of Frederick Diaz Padilla against Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court on 7/17/2026. (CGJ) (Entered: 07/17/2026)