Western District of New York • 6:25-cv-06678

#1

Nov 19, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5632828.), filed by WILSON FERNANDO PASATO ZHISHPON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Ex. A - Notice to Appear, # 3 Exhibit Ex. B - Detainee & Detention Information, # 4 Exhibit Ex. C - Letters of Support, # 5 Exhibit Ex. D - Approval of Employment Authorization)(Langer, Jonathan) (Entered: 11/19/2025)

#2

Nov 20, 2025

Emergency MOTION for Temporary Restraining Order by Wilson Fernando Pasato Zhishpon. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Langer, Jonathan) (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. (CGJ)

Nov 20, 2025

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (CGJ)

#3

Nov 21, 2025

TEXT ORDER. Petitioner Wilson Fernando Pasato Zhishpon, a citizen of Ecuador, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 19, 2025, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1 par. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). In addition to seeking a writ of habeas corpus requiring that Respondents release him unless they provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days (ECF No. 1 par. 7), Petitioner has also filed an emergency motion for a temporary restraining order ("TRO") requesting, among other things, that the Court enjoin Respondents from moving him outside of the district (ECF No. 2 at 2). Petitioner's request for a TRO is DENIED with respect to enjoining Respondents from transferring Petitioner out of this district. Respondents are, however, precluded from transferring Petitioner out of the United States while his TRO is pending. Respondents shall otherwise respond to 1 PETITION for Writ of Habeas Corpus and 2 MOTION for Temporary Restraining Order by December 8, 2025. In response, Respondents shall show cause why Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary. Petitioner may file a reply no later than seven (7) days after the filing of the response. The Clerk of Court shall serve a copy of the Petition, together with a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYWImmigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/21/2025. (MVP)Clerk to Follow up (DMK). (Entered: 11/21/2025)

#4

Nov 24, 2025

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5636960.) by Wilson Fernando Pasato Zhishpon. (Attachments: # 1 Declaration, # 2 Exhibit)(Langer, Jonathan) (Entered: 11/24/2025)

Nov 24, 2025

Clerk electronically sent a copy of Text Order 3 and a copy of the complaint toUnited States Attorney's Office, Western District of New York at USANYWImmigration-Habeas@usdoj.gov. (DMK)

#5

Nov 26, 2025

CONTINUATION OF EXHIBITS to 4 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5636960.) Corrected Admission Form. (Langer, Jonathan) (Entered: 11/26/2025)

#6

Nov 26, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Michael Ball, Pamela Bondi, Executive Office for Immigration Review, Stephen Kurzdorfer, Kristi Noem, U.S. Department of Homeland Security (Khalil, Adam) (Entered: 11/26/2025)

Nov 26, 2025

E-Filing Notification: 4 MOTION to appear pro hac vice. ACTION REQUIRED: Filer must resumbit Admission Petition Form as a Continuation of Exhibits Event with an answer to question 6c. (ARS)

#7

Dec 03, 2025

REPLY/RESPONSE to re 3 Text Order,,,,,,,, filed by Michael Ball, Pamela Bondi, Executive Office for Immigration Review, Stephen Kurzdorfer, Kristi Noem, U.S. Department of Homeland Security. (Khalil, Adam) (Entered: 12/03/2025)

#8

Dec 03, 2025

TEXT ORDER granting 4 Motion for Pro Hac Vice for Celina B. Curillo. Signed by Hon. Meredith A. Vacca on 12/3/2025. (KSP) (Entered: 12/03/2025)

#9

Dec 05, 2025

REPLY/RESPONSE to re 7 Reply/Response filed by Wilson Fernando Pasato Zhishpon. (Langer, Jonathan) (Entered: 12/05/2025)

#10

Dec 05, 2025

TEXT ORDER granting 1 Petitioner's request for a bond hearing before an immigration judge.On November 19, 2025, Petitioner filed a petition for writ of habeas corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) because he has not been, and will not be, provided with a bond hearing as required by law. See ECF No. 1 at 11-12. Respondents submitted an abbreviated response contending that Petitioner is lawfully detained without a bond hearing pursuant to 8 U.S.C. § 1225 but acknowledged that the Court's prior rulings would dictate granting Petitioner's request for a bond hearing. See ECF No. at 1-3 (citing Da Cunha v. Freden, 25-CV-06532-MAV, ECF No. 25 (W.D.N.Y. Oct. 20, 2025)).The Court agrees that Da Cunha is controlling. See 6:25-cv-06532, ECF No. 31. For the reasons stated therein and in a forthcoming written decision, the Court concludes that Petitioner is being detained under 8 U.S.C. § 1226(a). Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. § 1226(a) (stating that non-citizens detained under 8 U.S.C. § 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. § 1236.1(d)(1); 8 C.F.R. 1003.19(a) ("Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236."). If such bond hearing is not conducted within ten (10) days of the date of this text order, Petitioner shall be released from custody. Respondents shall file a status report no later than December 16, 2025, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody, in compliance with this order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/5/2025. (MVP) (Entered: 12/05/2025)

#11

Dec 15, 2025

Letter filed by Michael Ball, Pamela Bondi, Executive Office for Immigration Review, Stephen Kurzdorfer, Kristi Noem, U.S. Department of Homeland Security re no bond hearing held because of grant of voluntary departure. (Khalil, Adam) (Entered: 12/15/2025)

#12

Dec 22, 2025

SEALED Letter filed by Wilson Fernando Pasato Zhishpon requesting enforcement of order dated 12/05/2025. (Attachments: # 1 Exhibit E - Bond Motion Filed with Immigration Court, # 2 Exhibit F - I-213)(Langer, Jonathan) Modified per chambers on 12/23/2025 (DMK). (Entered: 12/22/2025)

#13

Dec 22, 2025

Letter filed by Michael Ball, Pamela Bondi, Executive Office for Immigration Review, Stephen Kurzdorfer, Kristi Noem, U.S. Department of Homeland Security re Petitioner's letter ECF No. 12. (Khalil, Adam) (Entered: 12/22/2025)

#14

Dec 22, 2025

TEXT ORDER directing Clerk of Court to file under seal ECF No. 12 pursuant to Federal Rule of Civil Procedure 5.2(d) ("The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/22/2025. (MVP)Clerk to Follow up (Entered: 12/22/2025)

#15

Dec 23, 2025

Letter filed by Michael Ball, Pamela Bondi, Executive Office for Immigration Review, Stephen Kurzdorfer, Kristi Noem, U.S. Department of Homeland Security requesting guidance as to whether Petition can voluntarily depart the USA. (Khalil, Adam) (Entered: 12/23/2025)

#16

Dec 23, 2025

Letter filed by Wilson Fernando Pasato Zhishpon . (Attachments: # 1 Exhibit I-213)(Langer, Jonathan) (Entered: 12/23/2025)

#17

Dec 23, 2025

TEXT ORDER. After review of the parties' recent letter submissions (ECF Nos. 11-13, 15-16), the Court vacates its prior order directing a bond hearing (ECF No. 10) on the basis that Petitioner has since agreed to remain in detention while he facilitates his voluntary departure from the country by January 12, 2026. See ECF No. 11 at 6. At an appearance before an immigration judge on December 11, 2025, Petitioner admitted removability and moved for voluntary departure in lieu of removal, which the IJ granted. Id. at 3. Additionally, in reference to the government's letter (ECF No. 15), the Court's prior text order (ECF No. 3) enjoined Respondents from transferring Petitioner out of the United States while the TRO is pending. By its plain terms, the text order does not prohibit Petitioner's voluntary departure from the country. The Court will issue a separate text order scheduling a status conference.SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/23/2025. (MVP) (Entered: 12/23/2025)

#18

Dec 23, 2025

TEXT ORDER. Status Conference set for 1/6/2026 10:30 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/23/2025. (MVP) (Entered: 12/23/2025)