Western District of New York • 1:25-cv-01195

#1

Nov 15, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5628315.), filed by MINDIA ABASHIDZE. (Attachments: # 1 Exhibit I-830 and NTA Dated 3/22/2022, # 2 Exhibit Affidavit of US Citizen Witness, # 3 Exhibit I-589 Timely Filed with Immigration Court)(Stillman, Lina) (Entered: 11/15/2025)

#2

Nov 15, 2025

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus, CIVIL COVER SHEET. (Stillman, Lina) (Entered: 11/15/2025)

#3

Nov 15, 2025

AFFIDAVIT of Service for PETITION FOR WRIT OF HABEAS CORPUS served on DAVID L. KURZDORFER, in his official capacity as Field Office Director Buffalo Field Office of Immigration and Customs Enforcement; KRISTI NOEM, in her official capacity as Secretary of Homeland Security; and PAM BONDI, in her official capacity as Attorney General of the United States, ICE ENFORCEMENT AND REMOVAL OPERATIONS, on November 15, 2025, filed by MINDIA ABASHIDZE. (Stillman, Lina) (Entered: 11/15/2025)

#4

Nov 15, 2025

MOTION for Order to Show Cause [PROPOSED OTSC] by MINDIA ABASHIDZE.(Stillman, Lina) (Entered: 11/15/2025)

#5

Nov 17, 2025

TEXT ORDER granting 4 MOTION for Order to Show Cause filed by Mindia Abashidze. 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). Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 21, 2025, why, in light of that decision, the petition in this case should not be granted and the petitioner ordered released on his prior order of supervision. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/17/2025. (RFI) (Entered: 11/17/2025)

Nov 17, 2025

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

Nov 17, 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. (CGJ)

#6

Nov 19, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pam Bondi, David L. Kurzdorfer, Kristi Noem (Khalil, Adam) (Entered: 11/19/2025)

#7

Nov 20, 2025

REPLY/RESPONSE to re 5 Text Order,,,,,, Terminate Motions,,,,, filed by Pam Bondi, David L. Kurzdorfer, Kristi Noem. (Khalil, Adam) (Entered: 11/20/2025)

#8

Nov 21, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus, filed by Mindia Abashidze. On November 17, 2025, this Court ordered the respondents to show cause "why, in light of [this Court's] decision [in Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025)], the petition in this case should not be granted." 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. The Court notes that Abashidze previously was released "following an individualized custody determination by ICE." Docket Item 1 at 10; see Docket Item 1-1 at 2. The Court finds, however, that a bond hearingrather than immediate releaseis the appropriate remedy in this case, where there was not a previous bond order. See, e.g., Romero v. Hyde, F. Supp. 3d, 2025 WL 2403827, at *13 (D. Mass. Aug. 19, 2025) (noting that "the appropriate remedy will usually be a bond hearing to consider the merits of release under section 1226"); cf. dos Santos v. Noem, 2025 WL 2370988, at *8-9 (D. Mass. Aug. 14, 2025) (ordering immediate release where petitioner already "had [bond] hearing in 2018" and was released under "Immigration Judge's 2018 bond order"). 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 11/21/2025. (RFI) Modified on 11/21/2025 to correct typographical error (RFI). (Entered: 11/21/2025)

#9

Nov 26, 2025

Letter filed by Pam Bondi, David L. Kurzdorfer, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 11/26/2025)

#10

Dec 05, 2025

Letter filed by Pam Bondi, David L. Kurzdorfer, Kristi Noem re continued bond hearing. (Khalil, Adam) (Entered: 12/05/2025)

#11

Dec 09, 2025

TEXT ORDER re 10 Letter filed by Kristi Noem, Pam Bondi, David L. Kurzdorfer. The respondents have filed a letter, Docket Item 10, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 8, and that the petitioner was ordered released on bond. 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 12/9/2025. (RFI)Clerk to Follow up (Entered: 12/09/2025)

#12

Dec 29, 2025

JUDGMENT in favor of Mindia Abashidze against David L. Kurzdorfer, Kristi Noem, Pam Bondi. Signed by Clerk of Court, Mary C. Loewenguth on 12/29/2025. (JLH) (Entered: 12/29/2025)