Western District of New York • 1:26-cv-00948

#1

May 09, 2026

First PETITION for Writ of Habeas Corpus UNDER 28 U.S.C. § 2241 BY A PERSON IN CUSTODY ( Filing fee $ 5 receipt number ANYWDC-5822696.), filed by Jair Ricardo Schoonewolff Contreras. (Attachments: # 1 Memorandum in Support Habeas Memorandum in support, # 2 Civil Cover Sheet JS44, # 3 Memorandum in Support TRO Memorandum in Support, # 4 Notice of TRO, # 5 Text of Proposed Order To Show Cause, # 6 Exhibit Immigration Documents - 2023)(Bohorquez Romero, Andrea) (Entered: 05/09/2026)

#2

May 09, 2026

MOTION for Temporary Restraining Order by Jair Ricardo Schoonewolff Contreras.(ARS) (Entered: 05/11/2026)

#3

May 11, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus; 2 Motion for Temporary Restraining Order. 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 15, 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). In addition, the Court grants the motion for a temporary restraining order to the extent that Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter 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.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 5/11/2026. Clerk to Follow up (Entered: 05/11/2026)

May 11, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (ARS)

May 11, 2026

E-Filing Notification: 2 MOTION for Temporary Restraining Order. Clerk refiled Motion because it was attached to Petition. (ARS)

May 11, 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. (ARS)

May 11, 2026

Clerk emailed 1 Petition and 3 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)