Western District of New York • 1:26-cv-00906

#1

May 05, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5816693.), filed by Briclandji Brice. (Attachments: # 1 Exhibit A - Detainee Locator, # 2 Civil Cover Sheet)(Borowski, Matthew) (Entered: 05/05/2026)

#2

May 05, 2026

Emergency MOTION for Temporary Restraining Order by Briclandji Brice.(Borowski, Matthew) (Entered: 05/05/2026)

#3

May 05, 2026

TEXT ORDER granting 2 Emergency MOTION for Temporary Restraining Order filed by Briclandji Brice. 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. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/5/2026. (RFI) (Entered: 05/05/2026)

#4

May 05, 2026

MOTION to appear pro hac vice by attorney Andrew Carl Heinrich ( Filing fee $ 200 receipt number ANYWDC-5817241.) by Briclandji Brice. (Attachments: # 1 Affidavit Affidavit of Counsel, # 2 Exhibit PHV Application, Sponsor's Affidavit, Oath, and ECF Registration Form)(Borowski, Matthew) (Entered: 05/05/2026)

May 05, 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 05, 2026

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

#5

May 15, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Briclandji Brice. In Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025), "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)." Id. at *12. It appears that the holding of Alvarez Ortiz may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 5/22/2026, 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 5/15/2026. (RFI) (Entered: 05/15/2026)

#6

May 22, 2026

MOTION to Dismiss by Michael Ball, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Moar, Daniel) (Entered: 05/22/2026)

#7

May 26, 2026

TEXT ORDER re 6 MOTION to Dismiss filed by Markwayne Mullin, Executive Office for Immigration Review (EOIR), Department of Homeland Security (DHS), Todd Blanche, Philip Rhoney, Todd Lyons, Michael Ball. Response due by 6/2/2026. Reply due by 6/9/2026. If necessary, the Court will schedule oral argument at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/26/2026. (ZHM) (Entered: 05/26/2026)

#8

May 28, 2026

TEXT ORDER granting 4 Motion for Pro Hac Vice Admission of Andrew C. Heinrich, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/28/2026. (CMD)This was mailed to: Andrew C. Heinrich, Esq. Clerk to Follow up (Entered: 05/28/2026)

#9

Jun 02, 2026

TEXT ORDER re 6 MOTION to Dismiss filed by Markwayne Mullin, Executive Office for Immigration Review (EOIR), Department of Homeland Security (DHS), Todd Blanche, Philip Rhoney, Todd Lyons, Michael Ball. Virtual Oral Argument set for 6/15/2026 at 4:00 PM 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. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/2/2026. (CMD) (Entered: 06/02/2026)

#10

Jun 02, 2026

RESPONSE in Opposition re 6 MOTION to Dismiss filed by Briclandji Brice. (Attachments: # 1 Exhibit I-20, # 2 Exhibit F-1 Visa, # 3 Exhibit Application for Employment Authorization Approval Notice (2024-25), # 4 Exhibit I-821 Receipt Notice for Application of Temporary Protected Status, # 5 Exhibit Employment Authorization (2024-26), # 6 Exhibit I-765 Receipt Notice (October 2025), # 7 Exhibit Social Security Cards (Redacted), # 8 Exhibit 2022 W-2 (Redacted), # 9 Exhibit ICE Detainee Locator, # 10 Exhibit Notice to Appear, # 11 Exhibit Declaration of O. Natale)(Borowski, Matthew) (Entered: 06/02/2026)

#11

Jun 04, 2026

MOTION to appear pro hac vice for Olivia Natale, Esq. ( Filing fee $ 200 receipt number ANYWDC-5852149.) by Briclandji Brice. (Attachments: # 1 Affidavit Motion Affidavit for PHV, # 2 Exhibit PHV Application)(Borowski, Matthew) (Entered: 06/04/2026)

Jun 05, 2026

E-Filing Notification: 11 MOTION to appear pro hac vice. ACTION REQUIRED: Filer submitted an incomplete Sponsor Affidavit. Filer should submit completed affidavit using Continuation of Exhibits event. (ARS)

#12

Jun 08, 2026

CONTINUATION OF EXHIBITS to 11 MOTION to appear pro hac vice for Olivia Natale, Esq. ( Filing fee $ 200 receipt number ANYWDC-5852149.) . (Borowski, Matthew) (Entered: 06/08/2026)

#13

Jun 12, 2026

TEXT ORDER granting 11 Motion for Pro Hac Vice Admission of Olivia Natale, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/12/2026. (CMD)This was mailed to: Olivia Natale, Esq.Clerk to Follow up (Entered: 06/12/2026)

#14

Jun 15, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument 6 MOTION to Dismiss filed by Markwayne Mullin, Executive Office for Immigration Review (EOIR), Department of Homeland Security (DHS), Todd Blanche, Philip Rhoney, Todd Lyons, Michael Ball held on 6/15/2026. 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 ruled from the bench denying the respondents' motion to dismiss and granting the petition. Petitioner is to be given a bond a hearing within seven (7) calendar days, as stated. Respondents shall file a letter by 6/23/2026 confirming petitioner has either been granted a bond hearing in compliance with this Court's order or released from custody. Appearances by Teams Video Conference. For petitioner: Olivia Natale. For respondents: AUSA Daniel B. Moar. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 06/15/2026)

#15

Jun 15, 2026

TEXT ORDER denying 6 MOTION to Dismiss and granting 1 Petition for Writ of Habeas Corpus for the reasons stated on the record. The respondents shall 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 6/23/2026, 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 6/15/2026. (RFI) (Entered: 06/16/2026)

#16

Jun 23, 2026

NOTICE by Michael Ball, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Todd Lyons, Markwayne Mullin, Philip Rhoney Notice of Bond Order (Attachments: # 1 Exhibit Bond Order)(Moar, Daniel) (Entered: 06/23/2026)

#17

Jun 24, 2026

TEXT ORDER re 16 Notice (Other), filed by Markwayne Mullin, Executive Office for Immigration Review (EOIR), Department of Homeland Security (DHS), Todd Blanche, Philip Rhoney, Todd Lyons, Michael Ball The respondents have filed a notice, Docket Item 16, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 15, 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 6/24/2026. (ZHM)Clerk to Follow up (Entered: 06/24/2026)

#18

Jul 09, 2026

JUDGMENT in favor of Briclandji Brice against Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 7/9/2026. (TME) (Entered: 07/09/2026)