Western District of New York • 1:26-cv-01051

#1

May 21, 2026

PETITION for Writ of Habeas Corpus, filed by Yasmani Mora Perez. (CGJ) (Entered: 05/22/2026)

#2

May 21, 2026

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Yasmani Mora Perez. (CGJ) (Entered: 05/22/2026)

#3

May 21, 2026

MOTION to Expedite by Yasmani Mora Perez. (CGJ) (Entered: 05/22/2026)

#4

May 21, 2026

MOTION for Immediate Release by Yasmani Mora Perez. (CGJ) (Entered: 05/22/2026)

#5

May 21, 2026

MOTION for Stay of Removal by Yasmani Mora Perez. (CGJ) (Entered: 05/22/2026)

May 21, 2026

Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge and a Civil Case Timeline. (CGJ)

May 21, 2026

Filing fee received: $5.00, receipt number 100009650 (CGJ)

#6

May 22, 2026

TEXT ORDER granting 3 MOTION to Expedite filed by Yasmani Mora Perez and temporarily granting 2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Yasmani Mora Perez, 5 MOTION for Stay of Removal filed by Yasmani Mora Perez.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). A further order will issue regarding the petition.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/22/2026. (DDC)This was mailed to: the petitioner. (Entered: 05/22/2026)

#7

May 22, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Yasmani Mora Perez.On or before 5/27/2026, the respondents shall respond to the petitioner's allegations that he is being housed in unsafe conditions and not receiving adequate medical treatment. 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 5/29/2026, 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 5/22/2026. (DDC)This was mailed to: the petitioner. (Entered: 05/22/2026)

#8

May 27, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/27/2026)

#9

May 27, 2026

REPLY/RESPONSE to re 7 Text Order,,,,,,,, filed by Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center. (Khalil, Adam) (Entered: 05/27/2026)

#10

May 27, 2026

CERTIFICATE OF SERVICE by Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center re 9 Reply/Response (Khalil, Adam) (Entered: 05/27/2026)

#11

May 27, 2026

Letter filed by Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center re Petitioner's conditions of confinement claims. (Khalil, Adam) (Entered: 05/27/2026)

#12

May 27, 2026

CERTIFICATE OF SERVICE by Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center re 11 Letter (Khalil, Adam) (Entered: 05/27/2026)

#13

May 27, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Yasmani Mora Perez.On 5/22/2026, this Court ordered the respondents to show cause why, in light of the Second Circuit's decision in Barbosa da Cunha v. Freden, --- F.4th ---, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), and this Court's decision in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 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 7. In response, the "[r]espondents acknowledge[d] that this Court's prior rulings," including Alvarez Ortiz, "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 9 at 1-2. Additionally, the respondents noted that the Second Circuit recently held that "[s]ection 1225(b)(2)(A) does not apply to such noncitizens, who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter.' Rather, the court ruled, [s]ection 1226(a) applies." Id. at 2 (quoting Barbosa da Cunha, 2026 WL 1146044, 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.Accordingly, for the reasons explained in Alvarez Ortiz and Barbosa da Cunha, 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 6/4/2026, 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 5/27/2026. (DDC)This was mailed to: the petitioner. (Entered: 05/27/2026)

#14

Jun 03, 2026

Letter filed by Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center re bond hearing. (Khalil, Adam) (Entered: 06/03/2026)

#15

Jun 03, 2026

Mail Returned as Undeliverable. 7 Text Order sent to Yasmani Mora Perez (CGJ) (Entered: 06/03/2026)

#16

Jun 04, 2026

Mail Returned as Undeliverable. 6 Text Order sent to Yasmani Mora Perez (CGJ) (Entered: 06/04/2026)

#17

Jun 12, 2026

Mail Returned as Undeliverable. 13 Text Order sent to Yasmani Mora Perez (CGJ) (Entered: 06/12/2026)

#18

Jun 12, 2026

TEXT ORDER re 14 Letter filed by Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center, ICE Field Office Director, Attorney General of the United States.The respondents have filed a letter, Docket Item 14, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 13, 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 6/12/2026. (DDC)Clerk to Follow up (Entered: 06/12/2026)

#19

Jun 29, 2026

JUDGMENT in favor of Yasmani Mora Perez against Attorney General of the United States, ICE Field Office Director, Secretary of Homeland Security, Warden, Buffalo (Batavia) Service Processing Center. Signed by Andrew W. Moeller, Clerk of Court on 6/29/2026. (CGJ)This was mailed to: Petitioner. (Entered: 06/29/2026)

#20

Jul 02, 2026

Mail Returned as Undeliverable. 18 Text Order sent to Yasmani Mora Perez (CGJ) (Entered: 07/02/2026)

#21

Jul 09, 2026

Mail Returned as Undeliverable. 19 Judgment, sent to Yasmani Mora Perez (CGJ) (Entered: 07/09/2026)