Western District of New York • 1:25-cv-01220

#1

Nov 19, 2025

First PETITION for Writ of Habeas Corpus Petition For Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2241 And Emergency Motion For Temporary Restraining Order and Stay Of Transfer ( Filing fee $ 5 receipt number ANYWDC-5632457.), filed by Macksuel Alves da Silva. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Exhibit List)(Kalil, Clarissa) (Entered: 11/19/2025)

#2

Nov 19, 2025

First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5632491.) by Macksuel Alves da Silva. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kalil, Clarissa) (Entered: 11/19/2025)

#3

Nov 19, 2025

Original Summons Filed. (Kalil, Clarissa) (Entered: 11/19/2025)

#4

Nov 20, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus, filed by Macksuel Alves da Silva. 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 respondents are temporarily enjoined from removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also 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). On November 4, 2025, this Court issued a decision and order in Alvarez Ortiz v. Freden, case number 25-cv-960, 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. See Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025). The Court further held "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 *12. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 26, 2025, why, in light of that decision, (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 11/20/2025. (RFI) (Entered: 11/20/2025)

#5

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)

#6

Nov 20, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Macksuel Alves da Silva. Status Conference set for 11/21/2025 at 9:00 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/20/2025. (RFI) (Entered: 11/20/2025)

Nov 20, 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. (TMK)

Nov 20, 2025

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)

Nov 20, 2025

E-Filing Notification: 2 First MOTION to appear pro hac vice. For future reference, attorney applying for Pro hac vice admission cannot file their own motion. (ARS)

#9

Nov 21, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 1 Petition for Writ of Habeas Corpus and Emergency Motion For Temporary Restraining Order and Stay Of Transfer filed by Macksuel Alves da Silva held on 11/21/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Briefing scheduled re: Emergency Motion for TRO: Respondents' response due by 11/28/2025. Petitioner's reply due by 12/3/2025. Virtual Oral Argument set for 12/8/2025 at 11:30 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Briefing scheduled re: Petition for Writ: Respondents' response due by 1/5/2026. Petitioner's reply due by 1/12/2026. If necessary, oral argument will be scheduled at a later time. Appearances by Teams Video Conference. For petitioner: Clarissa Moraes Kalil. For respondents: AUSA Adam Khalil and AUSA Marvin J. Muller, III. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 11/26/2025)

#7

Nov 25, 2025

REPLY/RESPONSE to re 4 Text Order,,,,,,,, 1 Petition for Writ of Habeas Corpus, to Petitioner's requests for emergency injunctive relief within the Petition filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden, Buffalo (Batavia) Detention Center. (Khalil, Adam) (Entered: 11/25/2025)

#8

Nov 26, 2025

Letter filed by Macksuel Alves da Silva Notice of Recent Authority and Supplemental Information. (Kalil, Clarissa) (Entered: 11/26/2025)

#10

Dec 02, 2025

TEXT ORDER. Due to a conflict with Attorney Kalil's schedule, the Virtual Oral Argument set for 12/8/2025 is rescheduled to 12/16/2025 at 1:30 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/2/2025. (CMD) (Entered: 12/02/2025)

#11

Dec 02, 2025

TEXT ORDER granting 2 Motion for Pro Hac Vice Admission of Clarissa M. Kalil, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/2/2025. (CMD)Clerk to Follow up (Entered: 12/02/2025)

#12

Dec 02, 2025

TEXT ORDER re 8 Letter filed by Macksuel Alves da Silva. The respondents may file a sur-reply by 12/8/2025 to address the recent supplemental authority cited by the petitioner. The petitioner's reply remains due by 12/3/2025. See Docket Item 9. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/2/2025. (RFI) (Entered: 12/02/2025)

#13

Dec 02, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Thomas Brophy, Kristi Noem, Warden, Buffalo (Batavia) Detention Center (Khalil, Adam) (Entered: 12/02/2025)

#14

Dec 03, 2025

REPLY/RESPONSE to re 8 Letter, 12 Text Order, filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden, Buffalo (Batavia) Detention Center. (Muller, Marvin) (Entered: 12/03/2025)

#15

Dec 03, 2025

REPLY/RESPONSE to re 7 Reply/Response, Reply filed by Petitioner in support of the Emergency Motion for a Temporary Restraining Order filed by Macksuel Alves da Silva. (Attachments: # 1 Exhibit Exhibit)(Kalil, Clarissa) (Entered: 12/03/2025)

#16

Dec 05, 2025

DISREGARD TEXT ORDER -- ENTERED ON WRONG CASE. TEXT ORDER. TIME CHANGE ONLY. Virtual Oral Argument re: 12 Memorandum in Support of Motion filed by Roberto Antonio Cabrera Martinez scheduled on 12/10/2025 will now be held at 3:00PM. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/5/2025. (CMD) Modified on 12/5/2025 (CMD). (Entered: 12/05/2025)

#17

Dec 16, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: Emergency Motion for TRO held on 12/16/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court heard from parties, but determined additional information is required before making a decision. By 1/2/2026, respondents shall submit an update to the Court regarding the A-File and position with respect to facts of this case. Parties to submit any cases dealing with someone whose parole has expired and the person is under 1226 instead of 1225. Appearances by Teams Video Conference. For petitioner. Clarissa Moraes Kalil. For respondents: AUSA Adam Khalil and AUSA Marvin J. Muller, III. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 12/16/2025)

#18

Dec 18, 2025

REPLY/RESPONSE to re 17 Oral Argument,,,, Set Hearings,,, filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden, Buffalo (Batavia) Detention Center. (Attachments: # 1 Exhibit A)(Muller, Marvin) (Entered: 12/18/2025)

#19

Jan 02, 2026

NOTICE by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden, Buffalo (Batavia) Detention Center (Muller, Marvin) (Entered: 01/02/2026)

#20

Jan 02, 2026

TEXT ORDER re 19 Notice (Other) filed by Kristi Noem, Warden, Buffalo (Batavia) Detention Center, Pamela Bondi, Thomas Brophy. In light of the government's notice, Docket Item 19, indicating that it will not receive the petitioner's A-file until 1/5/2026, the time for the government to submit its update to the Court and position with respect to facts of this case is EXTENDED until 1/7/2026. Additionally, on 12/31/2025, this Court issued a decision and order in Cabrera Martinez v. Newman, 25-cv-1110, Docket Item 24, holding that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. It appears that the holding of Cabrera Martinez may apply to the petitioner in this case. Accordingly, in its 1/7/2026 submission, the government also shall address whether under Cabrera Martinez, the petitioner is entitled to a bond hearing. The oral argument scheduled for 1/5/2026 is ADJOURNED until further order of the Court. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/2/2026. (RFI) (Entered: 01/02/2026)

#21

Jan 05, 2026

NOTICE by Macksuel Alves da Silva re 17 Oral Argument,,,, Set Hearings,,, 1 Petition for Writ of Habeas Corpus, NOTICE OF SUPPLEMENTAL AUTHORITY in response to the Courts request during oral argument. (Attachments: # 1 Exhibit Exhibit List)(Kalil, Clarissa) (Entered: 01/05/2026)

#25

Jan 25, 2026

DECISION & ORDER granting 1 Petition; denying 22 Motion to Dismiss for Failure to State a Claim. The respondents are ORDERED 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 cons ider 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. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 1/25/2026. (RFI)