Western District of New York • 6:26-cv-06476

#1

Apr 24, 2026

PETITION for Writ of Habeas Corpus, filed by Yordan De La Caridad Arguelles-Garcia. (Attachments: # 1 Civil Cover Sheet, # 2 envelope) (LB) (Entered: 04/24/2026)

#2

Apr 24, 2026

TEXT ORDER re: 1 Petition. Respondents' response to the petition shall be due on or before May 5, 2026. Petitioner's reply is due on or before May 19, 2026. The matter will be decided on the papers without oral argument.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 04/24/2026. (EKH) This was mailed to: Petitioner.Clerk to Follow up (Entered: 04/24/2026)

Apr 24, 2026

Remark: Clerk sent a copy of Dkt 2 text order to Petitioner via mail and to US Attorney's Office via Notice of Electronic filing. Clerk sen a copy of the petition tot he US Attorney's Office via email. (LB)

Apr 24, 2026

Filing fee received: $ 5, receipt number 100009444. (LB)

Apr 24, 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. Clerk mailed to plaintiff the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (LB)

#3

May 05, 2026

Letter filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re inability to prove compliance with regulatory requirements for revocation of OSUP. (Attachments: # 1 Declaration of Deportation Officer, # 2 Exhibit A to DO Dec.)(Khalil, Adam) (Entered: 05/05/2026)

#4

May 05, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Pam Bondi, Todd Lyons, Kristi Noem. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/05/2026)

#5

May 05, 2026

CERTIFICATE OF SERVICE by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem re 3 Letter, (Khalil, Adam) (Entered: 05/05/2026)

#6

May 06, 2026

TEXT ORDER granting 1 petition to the extent that the Court orders Petitioner's immediate release because the officer who revoked the order of supervision ("OSUP") lacked authority to do so. On April 24, 2026, Petitioner filed a petition under 28 U.S.C. § 2241 alleging that he is being unlawfully detained in United States Immigration and Customs Enforcement ("ICE") custody at the Buffalo Federal Detention Facility in Batavia, New York. (Dkt. 1). The petition alleges that Petitioner is subject to a final order of removal but has been living freely in Syracuse, NY on an OSUP until April 4, 2025, when his OSUP was unlawfully revoked and he was taken into ICE custody. (Id. at 2-3). In their response to the petition, Respondents contend that Petitioner is lawfully detained pursuant to 8 U.S.C. § 1231 but concede that they "lack[] evidence to establish that Petitioner's arrest complied with the relevant regulations — 8 C.F.R. §§ 241.4 and 241.13...." (Dkt. 3). Although Respondents argue that they should be allowed to rectify their error without releasing Petitioner, Respondents acknowledge that courts have ordered noncitizens subject to an unlawful revocation of OSUP to be released from custody. (Id.). In Boustani v. Bausch, No. 6:25-CV-06805-EAW, 2026 U.S. Dis. LEXIS 73949 (W.D.N.Y. Apr. 2, 2026), this Court mandated the petitioner's immediate release upon the determination that the petitioner's OSUP was not lawfully revoked. Id. at *12-13 (citing Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 153 (W.D.N.Y. 2025); Roman-Cruz v. Lyons, No. 25-CV-10522 (RA), 2026 WL 114936, at *2-3 (S.D.N.Y. Jan. 15, 2026) ("Because the official who revoked Mr. Roman-Cruz's OSUP was not authorized to do so, by the Delegation Order or otherwise, his Fifth Amendment right to procedural due process was violated. As such, the Court will grant his habeas petition, in part, and order his immediate release."); Zhang v. Genalo, No. 25-CV-06781 (NRM), 2025 WL 3733542, at *16 (E.D.N.Y. Dec. 28, 2025) (ordering the petitioner's immediate release from custody)). In light of Respondents' acknowledgement that Petitioner's OSUP was unlawfully revoked, the appropriate remedy is Petitioner's immediate release. Petitioner shall be immediately released from ICE custody subject to the conditions set forth in the most recent order of supervision. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/6/2026. (EKH)This was mailed to: Petitioner. (Entered: 05/06/2026)

#7

May 28, 2026

Mail Returned as Undeliverable in re 6 Text Order sent to Petitioner. Reason: Return to Sender. Attempted - Not Known. Unable to Forward. (JHF) (Entered: 05/28/2026)

#8

Jun 16, 2026

TEXT ORDER. On May 6, 2026, the Court granted the petition to order Petitioner's immediate release and Respondents informed the Court that Petitioner was released. 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 June 23, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/16/2026. (MGB) (Entered: 06/16/2026)

Jun 16, 2026

Remark: Clerk mailed a copy of #8 TEXT ORDER to Petitioner. (OEO)

#9

Jun 25, 2026

TEXT ORDER. On May 6, 2026, the Court granted the petition to order Petitioner's immediate release and Respondents informed the Court that Petitioner was released. The Court issued a Text Order on June 16, 2026, directing the parties to inform the Court on or before June 23, 2026, if any matters in the petition remained unresolved and to date nothing has been filed. (Dkt. 8). 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 06/25/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up (Entered: 06/25/2026)

#10

Jun 26, 2026

JUDGMENT dismissing any remaining claims in the petition without prejudice and the case is closed. Signed by Clerk on 6/26/26. (JHF)This was mailed to: Petitioner. (Entered: 06/26/2026)

#11

Jul 08, 2026

Mail Returned as Undeliverable in re 9 Text Order sent to Petitioner. Reason: Return to Sender. (JHF) (Entered: 07/08/2026)

#12

Jul 08, 2026

Mail Returned as Undeliverable in re 10 Judgment sent to Petitioner. Reason: Return to Sender. (JHF) (Entered: 07/08/2026)

#13

Jul 13, 2026

Mail Returned as Undeliverable in re 8 Text Order, sent to Petitioner. (JHF) (Entered: 07/14/2026)