Western District of New York • 6:25-cv-06657

#1

Nov 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5625263.), filed by Victor Manuel Montes Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Bond Order, # 3 Exhibit Denial of Reconsideration of Bond Order, # 4 Exhibit Upcoming Hearing Notice in Immigration Court)(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 bond hearing by Victor Manuel Montes Martinez.(Borowski, Matthew) (Entered: 11/12/2025)

#3

Nov 13, 2025

ORDER denying 2 Motion for TRO. Respondents are hereby Ordered to show cause within 14 days of the date of this order why the Petitioner's requested relief should not be granted. Petitioner shall have 7 days after service of Respondent's return to file a written response. Following receipt of the parties' papers, the Curt will determine whether an evidentiary hearing is warranted. The Clerk of Court served a copy of the petition together with a copy of this order electronically via Notice of Electronic Filing to the US Attorney's Office, WDNY. Signed by Hon. Meredith A. Vacca on 11/13/2025. (Attachments: # 1 Petition) (DMK) (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. (JLH)

Nov 13, 2025

Case originally assigned to Buffalo office. Case is assigned to Hon. Meredith A. Vacca in the Rochester office and the new case number is 25-cv-6657. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

#4

Nov 14, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 11/14/2025)

#5

Nov 14, 2025

Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem with warrant and NTA. (Khalil, Adam) (Entered: 11/14/2025)

#6

Nov 14, 2025

REPLY/RESPONSE to re 3 Order on Motion for TRO,, filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 11/14/2025)

#7

Nov 18, 2025

TEXT ORDER granting 1 Petitioner's request for a bond hearing before an Immigration Judge. On November 12, 2025, Petitioner filed a petition for writ of habeas corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) because he has not been, and will not be, provided with a bond hearing as required by law. See ECF No. 1 par. 1, 4, 36-37; see also id. par. 14 (citing 8 C.F.R. § 1003.19(a)). Respondents submitted an abbreviated response contending that Petitioner is lawfully detained without a bond hearing pursuant to 8 U.S.C. § 1225 but acknowledged that the Court's prior rulings would dictate granting Petitioner's request for a bond hearing. See ECF No. 6 at 1-2 (citing Da Cunha v. Freden, 25-CV-06532-MAV, ECF No. 25 (W.D.N.Y. Oct. 20, 2025)). The Court agrees that Da Cunha is controlling. For the reasons stated in a forthcoming written decision, the Court concludes that Petitioner is being detained under 8 U.S.C. § 1226(a). Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. § 1226(a) (stating that non-citizens detained under 8 U.S.C. § 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. § 1236.1(d)(1); 8 C.F.R. 1003.19(a) ("Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236."). If such bond hearing is not conducted within ten (10) days of the date of this text order, Petitioner shall be released from custody. Respondents shall file a status report no later than December 2, 2025, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody, in compliance with this order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/18/2025. (MVP) (Entered: 11/18/2025)

#8

Dec 01, 2025

Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 12/01/2025)

#9

Jan 02, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/02/2026)