Western District of New York • 1:25-cv-01172

#1

Nov 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5625343.), filed by Pedro Torres Alonzo. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 11/12/2025)

#2

Nov 12, 2025

Emergency MOTION for Temporary Restraining Order to prevent movement outside of jurisdiction and to order release of petitioner or a bond hearing by Pedro Torres Alonzo.(Borowski, Matthew) (Entered: 11/12/2025)

#3

Nov 12, 2025

TEXT ORDER re 2 Emergency MOTION for Temporary Restraining Order ("TRO") filed by the petitioner. 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 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).In his TRO, the petitioner requests his immediate release. See Docket Item 2 at ¶ 7. As to that request, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 17, 2025, why, in light of the Court's recent decision in Alvarez Ortiz v. Noem, Case No. 25-cv-960, Docket Item 16 (W.D.N.Y. Nov. 4, 2025), the Court should not grant the TRO and 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. The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/12/2025. (ZHM) (Entered: 11/12/2025)

Nov 12, 2025

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

#4

Nov 13, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 11/13/2025)

#5

Nov 13, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Pedro Torres Alonzo, 2 Emergency MOTION for Temporary Restraining Order. Status Conference set for 11/14/2025 at 10:00 AM 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 11/13/2025. (RFI) (Entered: 11/13/2025)

Nov 13, 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. (TMK)

#8

Nov 20, 2025

REPLY/RESPONSE to re 3 Text Order,,,,,, filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 11/20/2025)

#9

Nov 21, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus and 2 Emergency MOTION for Temporary Restraining Order filed by Pedro Torres Alonzo. On November 12, 2025, this Court ordered the respondents to show cause "why, in light of the Court's recent decision in [Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025)], the Court should not grant the TRO and 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 3. Two days later, following a status conference with the parties, the Court ordered that "[i]n their response, the respondents shall show cause why both the petition and the TRO should not be granted under this Court's decision in Alvarez Ortiz" and that "[t]he respondents also shall respond to the petitioner's argument that he should be released on his prior $5,000 bond." Docket Item 7. 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 8 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. Regarding remedy, the respondents contend that "[s]hould the Court decide that [Torres] Alonzo is subject to detention under 8 U.S.C. § 1226, the appropriate remedy is to order a bond hearing, as opposed to ordering his immediate release." Docket Item 8 at 2. But they have not identified any circumstances that have changed since Torres Alonzo's prior bond order. See generally id. Accordingly, for the reasons explained in Alvarez Ortiz, this Court GRANTS the petition, and the motion for a TRO is DENIED AS MOOT. Moreover, the Court finds that because the petitioner previously was released on a $5,000 bond ordered by an immigration judge and because, despite having been given the opportunity, the respondents have not identified any new circumstances that would warrant a new hearing, see generally Docket Item 8, immediate release is the appropriate remedy in this case. See dos Santos v. Noem, 2025 WL 2370988, at *8-9 (D. Mass. Aug. 14, 2025) (ordering immediate release where petitioner already "had [a bond] hearing in 2018" and previously was released under an "Immigration Judge's 2018 bond order" but the government had not identified any changed circumstances). The Court therefore ORDERS that the respondents release the petitioner on his prior $5,000 bond order within 24 hours of the issuance of this order. On or before November 24, 2025, the respondents shall file a status report confirming that the petitioner has been released in compliance with this order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/21/2025. (RFI) (Entered: 11/21/2025)

#10

Nov 24, 2025

Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem release of Petitioner with ankle monitor. (Khalil, Adam) (Entered: 11/24/2025)