Western District of New York • 1:26-cv-00884

#1

Apr 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5811594.), filed by Ramiro Solis Chavez. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 04/30/2026)

#2

May 01, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ramiro Solis Chavez.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). The Court will issue a subsequent order regarding the petition and the government's response. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/1/2026. (DDC) (Entered: 05/01/2026)

#3

May 01, 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: 05/01/2026)

#4

May 01, 2026

REPLY/RESPONSE to re 2 Text Order,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/01/2026)

#5

May 01, 2026

REPLY/RESPONSE to re 2 Text Order,, ** CORRECTED ** filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/01/2026)

#6

May 01, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ramiro Solis Chavez. In response to the petition, the "[r]espondents acknowledge[d] that this Court's prior rulings," including Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025), "concern[ed] 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 5 at 2. Additionally, the respondents noted that the Second Circuit recently held that "[s]ection 1225(b)(2)(A) does not apply to noncitizens, such as [the p]etitioner, who are present in the United States after entering the country without inspection and admission, and who were not apprehended at or near the border at the time of entry.' Rather, the court ruled, Section 1226(a) applies." Id. (quoting da Cunha v. Freden, --- F.4th ---, 2026 WL 1146044 (2d Cir. Apr. 28, 2026)). 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 5/11/2026, 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 5/1/2026. (RFI) (Entered: 05/01/2026)

May 01, 2026

E-Filing Notification: 4 REPLY/RESPONSE to re 2 Text Order, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) ACTION REQUIRED: Petitioner's name in caption does not match the name in the document, refile corrected document. (DDS)

May 01, 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)

May 01, 2026

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