Western District of New York • 6:25-cv-06673

#1

Nov 18, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5630903.), filed by Roland Ivonin. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 11/18/2025)

#2

Nov 18, 2025

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. 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 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, 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. 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. (JLH)

Nov 18, 2025

Case originally assigned to the Buffalo office. Case is assigned to Hon. Elizabeth A. Wolford in the Rochester office and the new case number is 25-cv-6673. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

#3

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)

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)

#4

Nov 20, 2025

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 11/20/2025)

#5

Nov 20, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem in response to OTSC and requesting 45 day briefing schedule be applied. (Khalil, Adam) (Entered: 11/20/2025)

#6

Nov 20, 2025

Letter filed by Roland Ivonin with documentation showing basis of detention. (Attachments: # 1 Exhibit NTA, Custody Documents, # 2 Exhibit I-213)(Borowski, Matthew) (Entered: 11/20/2025)

#7

Nov 20, 2025

Emergency MOTION for Temporary Restraining Order to prevent movement outside of jurisdiction by Roland Ivonin.(Borowski, Matthew) (Entered: 11/20/2025)

#8

Nov 20, 2025

TEXT ORDER re: 5 Response to Order to Show Cause; 6 Letter from Petitioner. The Court will hold a conference on the matters raised in the parties' submissions on November 21, 2025, at 11:00 a.m., following the oral argument in the matter of Liegogo v. Freden, 25-cv-6615. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/20/2025. (MGB) (Entered: 11/20/2025)

#9

Nov 20, 2025

TEXT ORDER re: 7 Motion for Temporary Restraining Order. The Court will also hear from the parties on Petitioner's motion for a temporary restraining order at the conference on November 21, 2025, at 11:00 a.m. Respondents are hereby temporarily enjoined from transferring Petitioner outside this District pending resolution of Petitioner's motion for a temporary restraining order. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/20/2025. (MGB) (Entered: 11/20/2025)

#10

Nov 21, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem with arrival/departure record showing entry on parole as arriving alien. (Khalil, Adam) (Entered: 11/21/2025)

#11

Nov 21, 2025

TEXT ORDER memorializing deadlines set at November 21, 2025 conference. The Court will hear on an expedited basis the matters raised in Petitioner's petition (Dkt. 1) and motion for temporary restraining order. (Dkt. 7). As confirmed during the conference on November 21, 2025, responses to the petition and motion for temporary restraining order shall be filed on or before December 10, 2025, and replies on or before December 15, 2025. Oral argument will be held on Thursday, December 18, 2025, at 10:30 a.m., in the United States Courthouse, 100 State Street, Rochester, NY 14614. Counsel for Petitioner may appear remotely for the oral argument and the Court will provide instructions to appear remotely in advance of the appearance. The Court's Order temporarily enjoining Respondents from transferring Petitioner outside this District or removal from the United States pending resolution of Petitioner's motion for a temporary restraining order remain in effect. (Dkt. 9). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/21/2025. (MGB) (Entered: 11/21/2025)

#12

Nov 21, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Matthew K. Borowski, Esq. on behalf of Petitioner (via video); Adam A. Khalil, AUSA on behalf of Respondents. Status Conference held on 11/21/2025. Deadlines re 1 Emergency PETITION and 7 Emergency MOTION for Temporary Restraining Order addressed. Government/ Respondents response to 1 PETITION due by 12/10/2025; Petitioner reply due by 12/15/2025. TRO remains in place (see also Text Order at Docket #9); separate Scheduling Order to be issued re Petition. Oral Argument set for 12/18/2025 at 10:30 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. Counsel for Petitioner granted leave to appear remotely; instructions will be provided by the Court in advance of the appearance. (Court Reporter Karen Clark.) (DPS) (Entered: 11/24/2025)

#13

Dec 09, 2025

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Attachments: # 1 Declaration of DO Gawel, # 2 Exhibit to Gawel Dec., # 3 Memorandum in Support) (Khalil, Adam) (Entered: 12/09/2025)

#14

Dec 15, 2025

RESPONSE in Opposition re 13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roland Ivonin. (Attachments: # 1 Exhibit Exhibit A - Declaration of Ryan Witmer, # 2 Exhibit Courtesy Copy of Campbell case, # 3 Exhibit Courtesy Copy of Al Thuraya case)(Borowski, Matthew) (Entered: 12/15/2025)

#15

Dec 15, 2025

TEXT ORDER. Oral Argument set for 12/18/2025 at 10:30 AM is hereby converted to a remote proceeding and will be conducted by Zoom for Government. Counsel will be provided instructions for accessing Zoom for Government in advance of the hearing date. This hearing is a public proceeding. Any member of the public who wishes to attend should contact the undersigned's Chambers at wolford@nywd.uscourts.gov or 585-613-4320 for instructions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/15/2025. (DPS) (Entered: 12/15/2025)

#16

Dec 16, 2025

REPLY/RESPONSE to re 14 Response in Opposition to Motion, 13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 12/16/2025)

#17

Dec 18, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem with briefing from similar case. (Attachments: # 1 Brief from Cabrera Martinez)(Khalil, Adam) (Entered: 12/18/2025)

#18

Dec 18, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by video: Matthew K. Borowski, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of Respondents. Oral Argument re 7 MOTION for Temporary Restraining Order and 13 MOTION to Dismiss held on 12/18/2025. Respondent counsel to provide briefing regarding referenced case as discussed on the record. Court reserves decision on pending motions. (Court Reporter Karen Clark.) (DPS) (Entered: 12/19/2025)

#19

Dec 22, 2025

REPLY/RESPONSE to re 13 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Roland Ivonin. (Attachments: # 1 Exhibit Qasemi Decision)(Borowski, Matthew) (Entered: 12/22/2025)

#21

Jan 26, 2026

DECISION AND ORDER granting 1 Petition to the extent Petitioner seeks a bond hearing; denying 13 Motion to Dismiss. Signed by Hon. Elizabeth A. Wolford on 01/26/2026. (MGB)Clerk to Follow up

#22

Jan 30, 2026

Letter filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 01/30/2026)

#23

Feb 02, 2026

TEXT ORDER. On January 30, 2026, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 22). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before February 9, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/02/2026. (JKS) (Entered: 02/02/2026)