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

Betancourt Izaguirre v. Freden

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Case Information

Filed: November 17, 2025
Assigned to: Elizabeth Ann Wolford
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: November 18, 2025
Parties: View All Parties →

Docket Entries

#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)
Main Document: Emergency PETITION
#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)
Main Document: Emergency MOTION
#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)

Parties

Betancourt Izaguirre
Party
Freden
Party