Western District of New York • 1:26-cv-01024

#1

May 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5832648.), filed by Juan Carlos SERRATOS CARRANZA. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 05/18/2026)

#2

May 19, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Juan Carlos Serratos Carranza So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents are enjoined from transferring the petitioner to any district 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 Barbosa da Cunha v. Freden, --- F.4th ---, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), the Second Circuit held 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. And in Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (W.D.N.Y. 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. Additionally, this Court held in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), "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 598. It appears that the holdings of Barbosa da Cunha v. Freden, Alvarez Ortiz and/or Cabrera Martinez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 5/26/2026, why, in light of those decisions, (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 5/19/2026. (ZHM) (Entered: 05/19/2026)

May 19, 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. (MMG)

May 19, 2026

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

#3

May 20, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/20/2026)

#4

May 20, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/20/2026)

#5

May 20, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Juan Carlos Serratos Carranza On 5/19/2026, this Court ordered the respondents to show cause why, in light of the Second Circuit's decision in da Cunha v. Freden, --- F.4th ---, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), and this Court's decision in Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (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 2 . In response, the "[r]espondents acknowledge[d] that this Court's prior rulings," including Lorry v. Freden, Case No. 25-cv-1154, Docket Item 11 (W.D.N.Y. Nov. 21, 2025), "concern[ed] 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 4 at 2. The respondents have reserved all rights, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court and the Second Circuit already have decided. See id. at 1-2.Accordingly, for the reasons explained in Alvarez Ortiz and Lorry, 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 5/28/2026, 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 5/20/2026. (ZHM) (Entered: 05/20/2026)

#6

May 27, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re continuance of bond hearing by Petitioner. (Khalil, Adam) (Entered: 05/27/2026)

#7

May 28, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/28/2026)

#8

Jun 02, 2026

TEXT ORDER re 7 Letter filed by Markwayne Mullin, Todd Blanche, Philip Rhoney, Todd Lyons, Michael Ball The respondents have filed a letter, Docket Item 7, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, but found that the government met its burden on risk of flight. 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 enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/2/2026. (ZHM)Clerk to Follow up (Entered: 06/02/2026)

#9

Jun 18, 2026

JUDGMENT in favor of Juan Carlos Serratos Carranza against Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 6/18/2026. (DDS)Clerk to Follow up (Entered: 06/18/2026)

#10

Jun 26, 2026

MOTION for a new bond order by Juan Carlos Serratos Carranza.(DDS) (Entered: 06/26/2026)

#11

Jul 08, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney with copy of bond hearing transcript. (Khalil, Adam) (Entered: 07/08/2026)

#12

Jul 08, 2026

Letter filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney requesting order as to whether response to ECF No. 10 is required. (Khalil, Adam) (Entered: 07/08/2026)

#13

Jul 08, 2026

TEXT ORDER: The petitioner, Juan Carlos Serratos Carranza, has submitted a motion to the Court, Docket Item 10, that asks this Court "to order a new bond order before the [I]mmigration Court" on the grounds that Serratos Carranza's lawyer "did not do his job" and did not "defend [Serratos Carranza's] rights before the bail judge," see id. at 2. Because Serratos Carranza appears to have been represented at his bond hearing by the same attorney who represents him in this action, see Docket Item 11, the Court construes Serratos Carranza's motion as both a motion to enforce this Court's 5/20/2026 order, Docket Item 5, and a request to discharge counsel and proceed pro se. The Court GRANTS that request to proceed pro se and will consider the motion to enforce once that motion is fully briefed. The Clerk of the Court shall remove Theodore G. Hartman as counsel in this case. The respondents shall respond to the motion to enforce by 7/22/2026. Serratos Carranza may reply in support of his motion to enforce by 8/5/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/8/2026. (ZHM)This was mailed to: the petitioner at the Buffalo Federal Detention Facility, 4250 Federal Drive, Batavia, NY 14020.Clerk to Follow up (Entered: 07/08/2026)

#14

Jul 16, 2026

Mail Returned as Undeliverable. 13 Text Order, sent to petitioner (TME) (Entered: 07/16/2026)

#15

Jul 20, 2026

TEXT ORDER: The copy of this Court's 7/8/2026 text order, Docket Item 13, mailed to the petitioner at the Buffalo Federal Detention Facility ("BFDF") has been returned as undeliverable, see Docket Item 14 . Although it is not clear why the mailing was returned as undeliverable, the respondents have informally indicated to the Court that the petitioner remains detained at BFDF. Accordingly, the Clerk of the Court shall re-send a copy of the Court's 7/8/2026 text order to the petitioner. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/20/2026. (ZHM)This was mailed to: the petitioner at the Buffalo Federal Detention Facility, 4250 Federal Drive, Batavia, NY 14020.Clerk to Follow up (Entered: 07/20/2026)

Jul 20, 2026

Remark: Clerk sent a copy of the Text Order on 7/8/2026 to the petitioner at: Juan Carlos Serratos Carranza A206-652-923 BUFFALO FEDERAL DETENTION FACILITY 4250 Federal Drive Batavia, NY 14020 (DDS)

#16

Jul 22, 2026

RESPONSE in Opposition re 10 MOTION filed by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 07/22/2026)

#17

Jul 22, 2026

CERTIFICATE OF SERVICE by Michael Ball, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re 16 Response in Opposition to Motion (Khalil, Adam) (Entered: 07/22/2026)

#18

Jul 24, 2026

Letter from Juan Carlos Serratos Carranza, dated 7/21/2026, to Judge Lawrence J. Vilardo. Clerk resent the text order Dkt. 13 to the plaintiff on 7/20/2026. Verified address of record is current. (DDS) (Entered: 07/27/2026)

#19

Jul 29, 2026

MEMORANDUM in Support re 10 MOTION filed by Juan Carlos Serratos Carranza. (DDS) (Entered: 07/29/2026)

#20

Aug 06, 2026

NOTICE to Inform the Court of a Pending Appeal in the Second Circuit by Juan Carlos Serratos Carranza (Attachments: # 1 Envelope) (TME) (Entered: 08/06/2026)