Western District of New York • 6:26-cv-06567

#1

May 21, 2026

PETITION for Writ of Habeas Corpus, filed by Oscar Abdulio Cortez-Paredes. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(DMK) (Entered: 05/21/2026)

#2

May 21, 2026

MOTION for Leave to Proceed in forma pauperis by Oscar Abdulio Cortez-Paredes. (DMK) (Entered: 05/21/2026)

#3

May 21, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in Cunha v. Freden, No. 25-3141-PR, ___ F.4th ___, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226(a), and not § 1225(b)(2). The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that constitutional due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025). Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before May 27, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing pursuant to 8 U.S.C. § 1226(a). Pending a resolution of the petition and because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel, see 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."), Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. This temporary order extends to the transfer of Petitioner outside the country so as 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 Clerk's Office is directed to serve a copy of the petition and this Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/21/2026. (EKH) This was mailed to: Petitioner.Clerk to Follow up (Entered: 05/21/2026)

May 21, 2026

Clerk emailed a copy of 1 Petition and #3 Text Order to USANYW-Immigration-Habeas@usdoj.gov. (DMK)

May 21, 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (DMK)

#4

May 27, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/27/2026)

#5

May 27, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael Ball. (Attachments: # 1 Declaration of DO Ryan Wistner, # 2 Exhibit A to Wistner Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 05/27/2026)

#6

May 27, 2026

CERTIFICATE OF SERVICE by Michael Ball re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Khalil, Adam) (Entered: 05/27/2026)

#7

May 28, 2026

SCHEDULING ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Responses to the motion to dismiss (Dkt. 5) are due on or before June 25, 2026. Any reply is due on or before July 9, 2026. Signed by Hon. Elizabeth A. Wolford on 5/28/2026. (EKH) This was mailed to: Petitioner. (Entered: 05/28/2026)

#8

Jun 09, 2026

Letter filed by Michael Ball re: no reasonable fear finding and request to lift stays for removal. (Khalil, Adam) (Entered: 06/09/2026)

#9

Jun 09, 2026

CERTIFICATE OF SERVICE by Michael Ball re 8 Letter (Khalil, Adam) (Entered: 06/09/2026)

#10

Jul 27, 2026

TEXT ORDER granting 2 Motion for Leave to Proceed in forma pauperis; granting 5 Motion to Dismiss without prejudice. Petitioner has been detained pursuant to 8 U.S.C. § 1231 since on or about April 4, 2026, which is within the presumptively reasonable 6-month period under Zadvydas v. Davis, 533 U.S. 678 (2001). Accordingly, Respondents' motion to dismiss is granted, albeit without prejudice in the event Petitioner ultimately becomes subjected to prolonged detention. With this dismissal, the temporary order enjoining Petitioner's transfer outside the District or the country is hereby vacated. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/27/2026. (MGB)Clerk to Follow up (Entered: 07/27/2026)

#11

Jul 28, 2026

JUDGMENT in favor of Michael Ball against Oscar Abdulio Cortez-Paredes. Signed by Andrew W. Moeller, Clerk of Court on 7/28/2026. (DMK)This was mailed to: Oscar Abdulio Cortez-Paredes. (Entered: 07/28/2026)

#12

Jul 29, 2026

MOTION for Leave to Participate in Electronic Filing filed by Translator Kelly W. Sackheim. (LB) (Entered: 08/04/2026)

#13

Jul 30, 2026

RESPONSE IN OPPOSITION to re 8 Letter, and regarding 12 MOTION Leave to Participate in Electronic Filing filed by Oscar Abdulio Cortez-Paredes. (Attachments: # 1 Letter)(LB) (Entered: 08/04/2026)