Western District of New York • 1:25-cv-01169

#1

Nov 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5625058.), filed by Daniel Silva Caires. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Bond denial)(O'Dwyer, Paul) (Entered: 11/12/2025)

#2

Nov 12, 2025

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5625068.) by Daniel Silva Caires.(O'Dwyer, Paul) (Entered: 11/12/2025)

#3

Nov 13, 2025

CONTINUATION OF EXHIBITS to 2 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5625068.) . (Attachments: # 1 Exhibit Admission petition form, # 2 Exhibit Admission sponsoring affidavit, # 3 Exhibit Attorney's oath, # 4 Exhibit Civility oath, # 5 Exhibit Certificate of good standing, # 6 Exhibit Attorney CM/ECF registration form)(O'Dwyer, Paul) (Entered: 11/13/2025)

#4

Nov 13, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5626642.), filed by Daniel Silva Caires. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Bond denial)(O'Dwyer, Paul) (Entered: 11/13/2025)

Nov 13, 2025

E-Filing Notification: Document missing attorneys electronic signature. Action required: re-file document with proper signature and new proof of service. 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5625058.), filed by Daniel Silva Caires. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Bond denial)(O'Dwyer, Paul) (DDS)

Nov 13, 2025

E-Filing Notification: 2 MOTION to appear pro hac vice. ACTION REQUIRED: Filer must file required documents: motion, sponsoring affidavit, attorney's oath, civility oath, attorney CM/ECF registration form. File using Continuation of Exhibits event. (ARS)

#5

Nov 14, 2025

TEXT ORDER re 4 Petition for Writ of Habeas Corpus filed by Daniel Silva Caires. 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 to any district outside the state of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). On November 4, 2025, this Court issued a decision and order in Alvarez Ortiz v. Freden, case number 25-cv-960, 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. See Alvarez Ortiz v. Freden --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025). The Court further held "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. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 21, 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 11/14/2025. (RFI) (Entered: 11/14/2025)

Nov 14, 2025

E-Filing Notification: 3 CONTINUATION OF EXHIBITS to # 2 Exhibit Admission sponsoring affidavit. ACTION REQUIRED: Refile sponsoring affidavit with signature. (ARS)

Nov 14, 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 14, 2025

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (DDS)

#6

Nov 18, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph E. Freden, Stephen Kurzdorfer, in his official capacity as Field Office Director, ICE Buffalo Field Office, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security (Khalil, Adam) (Entered: 11/18/2025)

#7

Nov 20, 2025

REPLY/RESPONSE to re 5 Text Order,,,,,,,, filed by Pamela Bondi, Joseph E. Freden, Stephen Kurzdorfer, in his official capacity as Field Office Director, ICE Buffalo Field Office, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security. (Khalil, Adam) (Entered: 11/20/2025)

#8

Nov 20, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Daniel Silva Caires. On November 14, 2025, this Court ordered the respondents to show cause "why, in light of [this Court's] decision [in Alvarez Ortiz v. Noem, Case No. 25-cv-960, Docket Item 16 (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 5. In response, the "[r]espondents acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz] concerning 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 7 at 1. The respondents have reserved all rights, including the right to appeal, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. Accordingly, 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 11/20/2025. (RFI) (Entered: 11/20/2025)

#9

Dec 01, 2025

Letter filed by Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Pamela Bondi, Joseph E. Freden, Stephen Kurzdorfer, in his official capacity as Field Office Director, ICE Buffalo Field Office, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement re bond hearing. (Khalil, Adam) (Entered: 12/01/2025)

#10

Dec 01, 2025

TEXT ORDER re 9 Letter, filed by Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Joseph E. Freden, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Stephen Kurzdorfer, in his official capacity as Field Office Director, ICE Buffalo Field Office, Pamela Bondi. The respondents have filed a letter, Docket Item 9, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 8, and denied release because "the Department of Homeland Security met their burden of proof as to danger," see Docket Item 9 at 2. 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)

#11

Dec 01, 2025

NOTICE of Appearance by Vinicius Silva Damasceno on behalf of Daniel Silva Caires (Silva Damasceno, Vinicius) (Entered: 12/01/2025)

#12

Dec 02, 2025

CONTINUATION OF EXHIBITS to 3 Continuation of Exhibits, Admission sponsorship affidavit. (O'Dwyer, Paul) (Entered: 12/02/2025)

Dec 02, 2025

E-Filing Notification: 3 CONTINUATION OF EXHIBITS to 2 MOTION to appear pro hac vice # 2 Exhibit Admission sponsoring affidavit. ACTION STILL REQUIRED: Signature is missing from sponsoring affidavit. Refile sponsoring affidavit with signature. (ARS)

#13

Dec 05, 2025

MOTION to Enforce Judgment and Response to Order to Show Cause by Daniel Silva Caires. (Attachments: # 1 Exhibit Bond Decision, # 2 Exhibit Form I-213)(Silva Damasceno, Vinicius) (Entered: 12/05/2025)

#14

Dec 05, 2025

TEXT ORDER re 13 MOTION to Enforce Judgment filed by Daniel Silva Caires. Response due by 12/12/2025. Reply due by 12/16/2025. If necessary, oral argument will be scheduled at a later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/5/2025. (RFI) (Entered: 12/05/2025)

#15

Dec 05, 2025

TEXT ORDER granting 2 Motion for Pro Hac Vice Admission of Vinicius Silva Damasceno, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/5/2025. (CMD)Clerk to Follow up (Entered: 12/05/2025)

#16

Dec 10, 2025

Letter filed by Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Pamela Bondi, Joseph E. Freden, Stephen Kurzdorfer, in his official capacity as Field Office Director, ICE Buffalo Field Office, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement re inability to access recording from bond hearing. (Khalil, Adam) (Entered: 12/10/2025)

#17

Dec 11, 2025

TEXT ORDER: On November 12, 2025, the petitioner, Daniel Silva Caires, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in this Court. Docket Item 1 . On November 20, 2025, the Court granted Silva Caires's petition and ordered the respondents to provide him with a bond hearing before an immigration judge at which the government would bear the burden to demonstrate, by clear and convincing evidence, that the petitioner is a danger to the community or a flight risk. Docket Item 8 . On November 26, 2025, Immigration Judge Brian J. Counihan ("IJ Counihan") conducted a bond hearing at which he denied Silva Caires's request for bond. See Docket Item 9 . Silva Caires subsequently filed a motion to enforce this Court's November 20, 2025 order. Docket Item 13 .The Court ordered the government to respond to the motion to enforce by December 12, 2025. Docket Item 14 . But even after multiple attempts, the government was unable to obtain a copy of the Digital Audio Recording of Silva Caires's bond hearing and consequently is unable to transcribe a recording of the bond hearing. Docket Item 16 at 1. For those reasons, the government says that it cannot respond to Silva Caires's motion to enforce. Id. at 2.Therefore, within seven calendar days of the date of this order, IJ Counihan shall either (a) issue a more fulsome written order that explains his reasons for finding by clear and convincing evidence that Silva Caires is a danger to the community or a flight risk, see Docket Item 8, or (b) hold a new bond hearing for Silva Caires that complies with this Court's November 20, 2025 order, see Docket Item 8, and ensure that the new hearing is recorded and that the recording is preserved. The government shall respond to the motion to enforce, Docket Item 13 by 12/23/2025. Silva Caires may reply by 12/30/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/11/2025. (DDC) (Entered: 12/11/2025)

#18

Dec 18, 2025

Letter filed by Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, Pamela Bondi, Joseph E. Freden, Stephen Kurzdorfer, in his official capacity as Field Office Director, ICE Buffalo Field Office, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement re 2nd bond hearing. (Khalil, Adam) (Entered: 12/18/2025)

#19

Dec 22, 2025

TEXT ORDER: On December 11, 2025, this Court ordered Immigration Judge Brian J. Counihan to either "issue a more fulsome written order that explains his reasons for finding by clear and convincing evidence that [the petitioner, Daniel] Silva Caires is a danger to the community or a flight risk" or "hold a new bond hearing for Silva Caires that complies with this Court's November 20, 2025 order." Docket Item 17 . On December 18, 2025, Silva Caires received a new bond hearing at which Judge Counihan denied bond. See Docket Item 18 . More specifically, the bond order states that Judge Counihan found that "the Department of Homeland Security [had] met their burden of proof as to danger to property." Id. at 3. The government "anticipate[s that this] relates to [Silva Caires]'s being involved in a car accident and leaving the scene, evincing danger to the community and disregard for the law." Id. at 1. The government has "requested the digital audio recording in order to have a transcript prepared, should [Silva Caires] wish to challenge the holding of this bond hearing as noncompliant with this Court's Order." Id. In light of the above, Silva Caires's motion to enforce, Docket Item 13, is DENIED AS MOOT WITHOUT PREJUDICE. On or before January 12, 2026, Silva Caires may move to enforce this Court's November 20, 2025 order with respect to his second bond hearing. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/22/2025. (DDC) (Entered: 12/22/2025)