Western District of New York • 1:26-cv-00833

#1

Apr 24, 2026

Emergency PETITION for Writ of Habeas Corpus and Incorporated Memorandum of Law, filed by Orlin Valeriano Luque. (Attachments: # 1 Civil Cover Sheet)(Tills, Stephen) (Attachment 1 replaced on 4/29/2026) (MMG). (Entered: 04/24/2026)

Apr 27, 2026

E-Filing Notification regarding 1 Emergency PETITION for Writ of Habeas Corpus : No fee received with case opening. Attorney contacted and advised they have 24 hours to resolve matter. (MMG)

#2

Apr 29, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Orlin Valeriano Luque.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). 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. And in Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), this Court concluded "that both common sense and the words of the statute require parole revocation to be analyzed on a case-by-case basis and that a decision to revoke parole must attend to the reasons an individual [noncitizen] received parole." Id. at 146 (citation and internal quotation marks omitted).It appears that the holding of Cabrera Martinez or Mata Velasquez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 5/6/2026 why, in light of those decisions, (1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner, see Mata Velasquez, 794 F. Supp. 3d at 154, or 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, see Cabrera Martinez, 2025 WL 3771228, at *15.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/29/2026. (DDC) (Entered: 04/29/2026)

Apr 29, 2026

E-Filing Notification regarding (1) Civil Cover Sheet: The court flattened and replaced the document. (MMG)

Apr 29, 2026

Filing fee $5, receipt number 100009483 (MMG)

Apr 29, 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 29, 2026

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

#3

May 05, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/05/2026)

#4

May 05, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/05/2026)

#5

May 06, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Orlin Valeriano Luque.On 4/29/2026, this Court ordered the respondents to show cause why, in light of this Court's decision in Cabrera Martinez v. Marich, --- F. Supp. 3d ---, 2025 WL 3771228 (W.D.N.Y. Dec. 31, 2025), or Mata Velasquez v. Kurzdorfer, 794 F. Supp. 3d 128 (W.D.N.Y. 2025), "(1) the petition in this case should not be granted, and (2) the Court should not either release the petitioner... or 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." Docket Item 2. In response, the respondents noted that the petitioner "entered without inspection or parole" and "acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579, (W.D.N.Y. 2025),] concerning similar challenges to the government policy or practice at issue in this case, and the common question of law between this case and those rulings, would control the result in this case should the Court adhere to its legal reasoning in those prior decisions." Docket Item 4 at 1, 2. Additionally, the respondents noted that the Second Circuit recently held that "'[s]ection 1225(b)(2)(A) does not apply to noncitizens, who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter.' Rather, the court ruled, [s]ection 1226(a) applies." Id. at 2 (quoting da Cunha v. Freden, --- F.4th ---, 2026 WL 1146044, at *2 (2d Cir. Apr. 28, 2026)). The respondents have reserved all rights, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court and the Second Circuit already have decided. See id. at 1.Accordingly, for the reasons explained in Alvarez Ortiz and da Cunha, this Court GRANTS the petition and ORDERS the respondents to provide the petitioner with an individualized bond hearing before an immigration judge within seven calendar days of the date of this order. At that hearing, the government shall bear the burden to demonstrate, by clear and convincing evidence, that the petitioner 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, the petitioner's ability to pay. If the respondents fail to provide such a hearing within seven calendar days, they shall immediately release the petitioner. On or before 5/14/2026, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/6/2026. (DDC) (Entered: 05/06/2026)

#6

May 13, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/13/2026)

#7

May 14, 2026

TEXT ORDER re 6 Letter filed by Markwayne Mullin, Todd Blanche, Philip Rhoney, Todd Lyons, James Bausch.The respondents have filed a letter, Docket Item 6, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, and that the petitioner was ordered released on bond. If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/14/2026. (DDC)Clerk to Follow up (Entered: 05/14/2026)

#8

Jun 01, 2026

JUDGMENT in favor of Orlin Valeriano Luque against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 6/1/2026. (CGJ) (Entered: 06/01/2026)