Western District of New York • 1:26-cv-00875

#1

Apr 29, 2026

PETITION for Writ of Habeas Corpus and Incorporated Memorandum of Law ( Filing fee $ 5 receipt number ANYWDC-5809817.), filed by Jeovaldys Jose Moreno Atencio. (Attachments: # 1 Civil Cover Sheet)(Smulian, Daniel) (Entered: 04/29/2026)

#2

Apr 30, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in Cunha v. Freden, No. 25-3141-PR, ___ F.4th ___, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decision and Orders in Ivonin v. Rhoney, 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(a), and not § 1225(b)(2). 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 constitutional 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 v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025). Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before May 5, 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 pursuant to 8 U.S.C. § 1226(a). Pending a resolution of the petition and 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."), Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. 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.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 4/30/2026. Clerk to Follow up (Entered: 04/30/2026)

Apr 30, 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 30, 2026

Case assigned to Hon. Elizabeth A. Wolford. 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, Tammy Marich, MarkWayne Mullin. 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, Tammy Marich, MarkWayne Mullin. (Khalil, Adam) (Entered: 05/05/2026)

#5

May 06, 2026

ORDER granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 5/6/2026. (EKH)Clerk to Follow up (Entered: 05/06/2026)

#6

May 14, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, MarkWayne Mullin re bond hearing. (Khalil, Adam) (Entered: 05/14/2026)

#7

May 15, 2026

TEXT ORDER. On May 14, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 6). 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 May 22, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/15/2026. (EKH) (Entered: 05/15/2026)

#8

May 26, 2026

JUDGMENT in favor of Jeovaldys Jose Moreno Atencio against James Bausch, MarkWayne Mullin, Tammy Marich, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 5/26/2026. (DDS) (Entered: 05/26/2026)

#9

Jul 10, 2026

MOTION to Enforce the Court's May 6, 2026 Order and to Reopen the Petition for Writ of Habeas Corpus by Jeovaldys Jose Moreno Atencio. (Attachments: # 1 Exhibit A - IJ Bond Order, # 2 Exhibit B - I-213, # 3 Exhibit C - Email)(Smulian, Daniel) (Entered: 07/10/2026)

#10

Jul 13, 2026

TEXT ORDER re: 9 Motion to Enforce and Reopen Petition. Responses are due on or before July 28, 2026. By that date, Respondents are directed to provide a copy of the bond hearing transcript. Replies are due on or before August 4, 2026. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/13/2026. (EKH) (Entered: 07/13/2026)

#11

Jul 17, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, MarkWayne Mullin with bond hearing transcript. (Khalil, Adam) (Entered: 07/17/2026)

#12

Jul 17, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, MarkWayne Mullin re Petitioner's Motion to Enforce. (Khalil, Adam) (Entered: 07/17/2026)

#13

Jul 17, 2026

TEXT ORDER re: 9 Motion to Enforce. On July 10, 2026, Petitioner filed a motion to enforce the Court's May 6, 2026 Order granting his petition to the extent he seeks a bond hearing. In the motion, Petitioner contends that at the bond hearing mandated by the Court's Order, the immigration judge ordered Petitioner released on $15,000 bond with no additional conditions, yet upon his release, an ankle monitor was placed upon Petitioner. Respondents' July 17, 2026, response to the motion to enforce (Dkt. 12) does not address Petitioner's contentions regarding the imposition of an ankle monitor. Respondents are directed to file a supplemental response that responds to those arguments by July 23, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/17/2026. (EKH) (Entered: 07/17/2026)

#14

Jul 18, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, MarkWayne Mullin re imposition of ankle monitor. (Khalil, Adam) (Entered: 07/18/2026)

#15

Jul 22, 2026

Letter filed by Jeovaldys Jose Moreno Atencio in Response to Respondents July 17 and 18 Letters. (Smulian, Daniel) (Entered: 07/22/2026)

#16

Jul 27, 2026

TEXT ORDER. Oral argument is hereby set for Friday, July 31, 2026, at 3:00 p.m. This is a remote proceeding and will be conducted by Zoom for Government. Counsel will be provided instructions for accessing Zoom for Government in advance of the hearing date. This hearing is a public proceeding. Any member of the public who wishes to attend should contact the undersigned's Chambers at wolford@nywd.uscourts.gov or 585-613-4320 for instructions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/27/2026. (EKH) (Entered: 07/27/2026)

#17

Jul 29, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5921105.) by Jeovaldys Jose Moreno Atencio. (Attachments: # 1 Motion for Admission pro hac vice - Angela Lam, # 2 Petition Application, # 3 Sponsor Affidavit of Daniel Smulian, # 4 Attorney's Oath, # 5 Civility Principles and Oath, # 6 Attorney Database and ECF Registration, # 7 Proposed Order)(Smulian, Daniel) (Entered: 07/29/2026)

#18

Jul 30, 2026

CONTINUATION OF EXHIBITS to 17 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5921105.) Angela Lam - Atty Database & Electronic Case Filing Reg.. (Smulian, Daniel) (Entered: 07/30/2026)

Jul 30, 2026

E-Filing Notification: 17 MOTION to appear pro hac vice. ACTION REQUIRED: Filer must fill out second page of Attorney Database Form, as well as sign and date it. Filer should submit form as Continuation of Exhibits event. (ARS)

#19

Jul 31, 2026

TEXT ORDER granting 17 Motion to Appear Pro Hac Vice by Angela Lam. Signed by Hon. Elizabeth A. Wolford on 7/31/2026. (MGB)Clerk to Follow up (Entered: 07/31/2026)

#20

Jul 31, 2026

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances via video: Daniel I.A. Smulian, Esq. and Angela Lam, Esq. on behalf of petitioner; Adam A. Khalil, AUSA on behalf of respondents. Oral Argument re 9 MOTION to Enforce held on 7/31/2026. Motion granted to the extent that electronic monitoring be removed in addition to the removal of any further restrictions regarding alternatives to detention imposed by ICE without instruction. Separate Text Order memorializing same to be issued. (Court Reporter Karen Clark.) (DPS) (Entered: 07/31/2026)

#21

Jul 31, 2026

TEXT ORDER granting 9 Motion to Enforce. Having carefully reviewed the papers and considered the arguments of the parties, and for the reasons stated on the record at oral argument held on July 31, 2026, Petitioner's motion to enforce the Court's May 6, 2026 Order and reopen the petition is granted to the extent that the additional alternatives to detention restrictions imposed by ICE upon Petitioner's recent release from custody, including the requirement that Petitioner wear an ankle monitor, are hereby vacated and Respondents are directed to remove those conditions of release. The government shall file a status update on or before August 4, 2026, confirming that this directive has been completed. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/31/2026. (Entered: 07/31/2026)

#22

Aug 04, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, MarkWayne Mullin confirming removal of Petitioner's ankle monitor. (Khalil, Adam) (Entered: 08/04/2026)