Western District of New York • 1:26-cv-01149

#1

Jun 08, 2026

PETITION for Writ of Habeas Corpus, filed by Segundo Gregorio Loja Caguana. (CGJ) (Entered: 06/08/2026)

#2

Jun 08, 2026

MOTION for Temporary Restraining Order by Segundo Gregorio Loja Caguana. (CGJ) (Entered: 06/08/2026)

#3

Jun 08, 2026

TEXT ORDER re 2 MOTION for Temporary Restraining Order filed by Segundo Gregorio Loja Caguana, 1 Petition for Writ of Habeas Corpus filed by Segundo Gregorio Loja Caguana So that the petitioner can fully participate in these proceedings, his motion for a temporary restraining order, Docket Item 2, is GRANTED IN PART, and the respondents are enjoined from transferring him 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). In Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), the Second Circuit held 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. And in Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (W.D.N.Y. 2025), this Court held that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. Additionally, this Court held in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), "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 598. It appears that the holdings of da Cunha, Alvarez Ortiz and/or Cabrera Martinez may apply to the petitioner in this case. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 6/15/2026, why, in light of those decisions, (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 6/8/2026. (ZHM)This was mailed to: the petitioner at DLA Immigration Aid, 2825 3rd Ave, Suite 301, Bronx, NY 10455 and the Buffalo Federal Detention Facility, 4250 Federal Drive, Batavia, NY 14020 (Entered: 06/08/2026)

Jun 08, 2026

Remark: Petitioner has been mailed a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge and a Civil Case Timeline. (CGJ)

Jun 08, 2026

Filing fee received: $5.00, receipt number 100009758 (CGJ)