Western District of New York • 6:26-cv-06509

Perez v. Bausch

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Case Information

Filed: May 07, 2026
Assigned to: Elizabeth Ann Wolford
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 07, 2026
Parties: View All Parties →

Docket Entries

#1
May 07, 2026
PETITION for Writ of Habeas Corpus, filed by Rafael Sabari Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(RE) (Attachment 1 replaced with correct scan on 5/7/2026) (RE). (Entered: 05/07/2026)
Main Document: PETITION
#2
May 07, 2026
MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Rafael Sabari Perez.(RE) (Entered: 05/07/2026)
Main Document: MOTION
#3
May 07, 2026
TEXT ORDER re: 1 Petition. Respondents' response to the petition shall be due on or before May 18, 2026. Petitioner's reply is due on or before June 1, 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 05/7/2026. (EKH)This was mailed to: Petitioner.Clerk to Follow up (Entered: 05/07/2026)
May 07, 2026
Clerk served a copy of 1 Petition electronically and 3 Text Order via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (RE)
May 07, 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. Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to petitioner.(RE)
May 07, 2026
Filing fee received in the amount of $5.00, receipt number 600001794. (RE)

Parties

Bausch
Party
Perez
Party