Western District of New York • 6:25-cv-06672

#1

Nov 17, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5629697.), filed by Celeste Yuliani Betancourt Izaguirre. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit ICE Detainee Locator)(Borowski, Matthew) (Entered: 11/17/2025)

#2

Nov 17, 2025

Emergency MOTION for Temporary Restraining Order to prevent movement outside of jurisdiction and to order bond hearing by Celeste Yuliani Betancourt Izaguirre.(Borowski, Matthew) (Entered: 11/17/2025)

#3

Nov 18, 2025

TEXT ORDER granting in part 2 Emergency Motion for Temporary Restraining Order. Petitioner's motion for a temporary restraining order is granted to the extent it seeks expedited relief on the matters raised in the petition and a stay or removal or transfer pending the Court's resolution of the same. On November 12, 2025, this Court issued orders in four separate cases commenced pursuant to 28 U.S.C. § 2241 (Quituizaca Quituisaca v. Bondi, 25-cv-6527; Najeem v. Freden, 25-cv-6584; Mendoza v. Bondi, 25-cv-954; and Martinez v. Bondi, 25-cv-6508) 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. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before November 24, 2025, why, in light of those decisions, the petition in this case should not be granted to the extent it seeks a bond hearing, and the Court should not order that 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. Should Respondents fail to timely respond to this order to show cause, the Court will grant the petition to the extent it seeks a bond hearing. In addition, the Court enjoins Petitioner's transfer from the Western District of New York and removal from the United States absent further order of the Court. See Alvarez Ortiz v. Freden, No. 25-CV-960-LJV, 2025 WL 3085032, at *2 n.3 (W.D.N.Y. Nov. 4, 2025). In all other respects, Petitioner's motion for a temporary restraining order is denied. Further, 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 11/18/2025. (MGB)Clerk to Follow up (Entered: 11/18/2025)

Nov 18, 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. (TF)

Nov 18, 2025

Notification to Chambers of on-line civil opening. (TF)

#4

Nov 19, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 11/19/2025)

#5

Nov 19, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re transfer of Petitioner prior to order enjoining same. (Khalil, Adam) (Entered: 11/19/2025)

Nov 19, 2025

E-Filing Notification: Petition added to Text Order pursuant to (2 in 6:25-cv-06673-EAW) TEXT ORDER re: (1) Petition and (3 in 6:25-cv-06672-EAW) TEXT ORDER re: (1) Petition. The Clerk's Office is directed to serve a copy of the petition and Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, WDNY. (TF)

#6

Nov 20, 2025

REPLY/RESPONSE to re 3 Order on Motion for TRO,,,,,,,,, filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 11/20/2025)

#7

Nov 20, 2025

ORDER granting 1 Petition to the extent that Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 11/20/2025. (MGB)

#8

Nov 26, 2025

Letter filed by Celeste Yuliani Betancourt Izaguirre regarding continued denial of bond. (Borowski, Matthew) (Entered: 11/26/2025)

#9

Nov 26, 2025

TEXT ORDER re: 8 Letter. The Court construes Petitioner's letter filed November 26, 2025 (Dkt. 8), as a motion to enforce the Court's November 20, 2025 Order (Dkt. 7). Responses to the motion to enforce are due on or before December 5, 2025. Respondents are directed to provide a transcript of the bond hearing before the Immigration Judge with their response. Respondents are further advised that if the Court concludes that its Order was not complied with, it will likely order Petitioner's release unless Respondents can establish some valid reason it should not do so. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/26/2025. (MGB). (Entered: 11/26/2025)

#10

Dec 05, 2025

REPLY/RESPONSE to re 9 Text Order,,, filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Attachments: # 1 Transcript of bond hearing)(Khalil, Adam) (Entered: 12/05/2025)

#11

Dec 05, 2025

TEXT ORDER re: 8 Motion to Enforce. On November 26, 2025, the Court directed Respondents to provide a response to Petitioner's motion to enforce and a copy of the transcript of the hearing before the Immigration Judge. (Dkt. 9). On December 5, 2025, Respondents filed a response and the hearing transcript as directed. (Dkt. 10). Based on a review of the submissions on this matter, the Court concludes that significant questions are raised as to whether the Immigration Judge complied with this Court's November 20, 2025 Order (Dkt. 7) regarding the burden of proof and requirement to consider alternatives to detention.In order to facilitate resolution of this matter, Respondents are directed to transfer Petitioner back to this District pending a resolution of the petition 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 and on the motion to enforce, 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."); see also McDonald v. Francis, No. 25-CV-09355 (JAV), 2025 WL 3295906, at *5 (S.D.N.Y. Nov. 26, 2025); Lopez Benitez v. Francis, No. 25CV-5937 (DEH), 2025 WL 2371588, at *15 (S.D.N.Y. Aug. 13, 2025). This transfer shall be effected on or before December 10, 2025.Oral argument on the motion to enforce is hereby set for Thursday, December 11, 2025, at 3:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. Counsel must appear in person unless permission is granted to attend remotely based upon a request made at least 2 days prior to the appearance. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2025. (MGB) (Entered: 12/05/2025)

#12

Dec 05, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re remote appearance. (Khalil, Adam) (Entered: 12/05/2025)

#13

Dec 05, 2025

TEXT ORDER granting 12 Letter Request for Leave to Appear by Remote Means. For good cause shown, counsel may appear remotely for the oral argument on December 11, 2025. The Court will provide instructions to appear remotely in advance of the argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2025. (MGB) (Entered: 12/05/2025)

#14

Dec 05, 2025

Letter filed by Celeste Yuliani Betancourt Izaguirre requesting leave to appear remotely. (Borowski, Matthew) (Entered: 12/05/2025)

#15

Dec 08, 2025

TEXT ORDER granting 14 Letter Request for Leave to Appear by Remote Means. For good cause shown, counsel may appear remotely for the oral argument on December 11, 2025. The Court will provide instructions to appear remotely in advance of the argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/08/2025. (MGB) (Entered: 12/08/2025)

#16

Dec 10, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re Petitioner's return to the WDNY. (Khalil, Adam) (Entered: 12/10/2025)

#17

Dec 11, 2025

ORDER granting motion to enforce (Dkt. 8) and directing that Petitioner be released pursuant to the terms set forth herein. Signed by Hon. Elizabeth A. Wolford on 12/11/2025. (MGB)

#18

Dec 11, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances via video: Matthew K. Borowski, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of defendants. Oral Argument re 8 Motion to Enforce held on 12/11/2025. Court ordering that Petitioner be released upon payment of a $2500 bond and no ankle monitor be placed on Petitioner; separate Order to be issued memorializing same. (Court Reporter Karen Clark.) (DPS) (Entered: 12/12/2025)

#19

Dec 15, 2025

TEXT ORDER. On December 11, 2025, the undersigned issued an Order granting Petitioner's motion to enforce and directing that Petitioner be released. (Dkt. 17). The parties are directed to file a status update on or before December 17, 2025, to confirm the status of Respondents' compliance with the Court's Order. In addition, because the Court has ordered Petitioner's release, it appears to the undersigned that at this time the issues raised in the petition are moot. Accordingly, the Court intends to dismiss the remaining claims in the petition without prejudice unless on or before December 22, 2025, either party provides a memorandum of law setting forth sufficient reasons as to why that is not an appropriate course of action. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/15/2025. (MGB) (Entered: 12/15/2025)

#20

Dec 16, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re EOIR inability to issue bond order and request that a modified order be issued directing ICE to do so. (Khalil, Adam) (Entered: 12/16/2025)

#21

Dec 16, 2025

TEXT ORDER re: 20 Letter Request to Modify Order. Any objections to Respondents' proposed modification of the Court's December 11, 2025 Order (Dkt. 17) to direct ICE to release Petitioner upon payment of $2,500 bond and to set any conditions of release that are set in the ordinary course of release, are due from Petitioner on or before 4:00 p.m. today, December 16, 2025. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/16/2025. (MGB) (Entered: 12/16/2025)

#22

Dec 16, 2025

TEXT ORDER granting 20 Letter Request to Modify Order. There being no objection from Petitioner, the Court's December 11, 2025 Order (Dkt. 17) is modified to direct ICE to release Petitioner upon payment of $2,500 bond, with no additional constraints on release, including but not limited to any requirement for check ins, ankle monitor, GPS monitor, or any other alternatives to detention. Absent court order, ICE may not re-detain Petitioner until or unless an order of removal is issued or a new application for detention based on a change in circumstances is filed with the Court. The parties are directed to file a status update on or before December 17, 2025, to confirm the status of Respondents' compliance with the Court's December 11, 2025 Order as modified herein. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/16/2025. (MGB) (Entered: 12/16/2025)

#23

Dec 17, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re: ICE preparation of bond system and awaiting of bond posting. (Khalil, Adam) (Entered: 12/17/2025)

#24

Jan 04, 2026

TEXT ORDER. On December 11, 2025, the Court granted Petitioner's motion to enforce and directed that Petitioner be released. On December 19, 2025, Respondents advised that Petitioner had been released. The Court issued a Text Order on December 15, 2025, directing the parties to inform the Court on or before December 22, 2025, if any matters in the petition remained unresolved and to date, nothing has been filed. Accordingly, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of Court to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/04/2026. (MGB)Clerk to Follow up (Entered: 01/04/2026)