Western District of New York • 1:25-cv-01154

#1

Nov 07, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5622462.), filed by Felix Tracy Lorry. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 11/07/2025)

#2

Nov 07, 2025

Emergency MOTION for Temporary Restraining Order to prevent movement of petitioner outside the judicial district by Felix Tracy Lorry.(Borowski, Matthew) (Entered: 11/07/2025)

#3

Nov 07, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Felix Tracy Lorry. 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 respondents are temporarily enjoined from removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also are enjoined from transferring the petitioner 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). The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/7/2025. (ZHM) (Entered: 11/07/2025)

#4

Nov 07, 2025

TEXT ORDER: On November 4, 2025, this Court issued a decision and order in Alvarez Ortiz v. Noem, Case No. 25-cv-960, Docket Item 16 (W.D.N.Y. Nov. 4, 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. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 14, 2025, why, in light of that decision, (1) the petition in this case should not be granted, and (2) the Court should not 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. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/7/2025. (ZHM) (Entered: 11/07/2025)

Nov 07, 2025

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. (DDS)

Nov 07, 2025

Case assigned to Hon. Lawrence J. Vilardo. (DDS)

#5

Nov 10, 2025

NOTICE of Appearance by Marvin J. Muller, III on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Muller, Marvin) (Entered: 11/10/2025)

#6

Nov 12, 2025

First MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Muller, Marvin) (Entered: 11/12/2025)

#7

Nov 12, 2025

TEXT ORDER re 6 First MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden. Status Conference set for 11/14/2025 at 10:00 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. The deadline for the respondents' response to this Court's show cause order, see Docket Item 4, will be held in abeyance pending the status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/12/2025. (RFI) (Entered: 11/12/2025)

#8

Nov 14, 2025

TEXT ORDER granting in part and denying in part 6 First MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden. For the reasons stated on the record, the Court grants the respondents an extension until 11/21/2025 to respond to this Court's show cause order, Docket Item 4. See Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032, at *12 (W.D.N.Y. Nov. 4, 2025) (holding "that constitutional due process requires the government to bear the burden of proving by clear and convincing evidence that the individual is either a danger to the community or a flight risk even at an initial bond hearing under section 1226(a)"). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/14/2025. (RFI) (Entered: 11/14/2025)

#9

Nov 14, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 6 First MOTION for Extension of Time to File Answer re 1 Petition for Writ of Habeas Corpus filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden held on 11/14/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court will extend the government's deadline until 11/21/2025 to show cause why petitioner should not be given a bond hearing, as discussed. Appearances by Teams Video Conference. For petitioner: Matthew K. Borowski. For respondents: AUSA Marvin J. Muller, III.(Court Reporter Ann M. Sawyer.) (CMD) (Entered: 11/14/2025)

#10

Nov 20, 2025

REPLY/RESPONSE to re 8 Text Order,,,, Terminate Motions,,, filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration, # 2 Exhibit A)(Muller, Marvin) (Entered: 11/20/2025)

#11

Nov 21, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Felix Tracy Lorry. On November 7, 2025, this Court ordered the respondents to show cause "why, in light of [this Court's] decision [in Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025)], (1) the petition in this case should not be granted, and (2) the Court should not 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 4. In response, the respondents acknowledged that the statutory authority for Lorry's detention was 8 U.S.C. § 1226(a) but "continue[d] to assert...that [Lorry] should bear the burden of proving that he is neither a flight risk nor a danger to the community." Docket Item 10 at 4. This Court disagrees. For the reasons explained in Alvarez Ortiz, this Court finds that due process demands that the burden be on the government. See 2025 WL 3085032, at *12 (holding "that constitutional due process requires the government to bear the burden of proving by clear and convincing evidence that the individual is either a danger to the community or a flight risk even at an initial bond hearing under section 1226(a)"). Accordingly, and for the reasons explained in Alvarez Ortiz, 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 December 1, 2025, 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 11/21/2025. (RFI) (Entered: 11/21/2025)

#12

Dec 01, 2025

NOTICE by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re 11 Text Order,,,,,,,,,, (Muller, Marvin) (Entered: 12/01/2025)

#13

Dec 01, 2025

TEXT ORDER re 12 Notice (Other) filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden. The respondents have filed a letter, Docket Item 12, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 11, 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 close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/1/2025. (RFI)Clerk to Follow up (Entered: 12/01/2025)

#14

Dec 18, 2025

JUDGMENT in favor of Felix Tracy Lorry against Joseph Freden, Kristi Noem, Steven Kurzdorfer, Todd Lyons. Signed by Mary C. Loewenguth, Clerk of Court, on 12/18/2025. (DDS) (Entered: 12/18/2025)

Dec 18, 2025

E-Filing Notification: 14 JUDGMENT in favor of Felix Tracy Lorry against Joseph Freden, Kristi Noem, Steven Kurzdorfer, Todd Lyons. Signed by Mary C. Loewenguth, Clerk of Court, on 12/18/2025. Modified on 12/18/2025 to correct signature text. (DDS)