Western District of New York • 6:25-cv-06689

Barillas Resinos v. Noem

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Case Information

Filed: November 20, 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
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Last Activity: December 18, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 20, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5634371.), filed by Jackson Daniel Barillas Resinos. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - ORR Verification of Release, # 3 Exhibit B - 2021 NTA, # 4 Exhibit C - August 14, 2021 ICE Warrant, # 5 Exhibit D - Jackson's I-360 Approval Notice, # 6 Exhibit E - Dismissal Order, # 7 Exhibit F - Letter to Deportation Officer, # 8 Exhibit G - November 13, 2025 Email, # 9 Exhibit H - Emails, # 10 Exhibit I - 2025 NTA, # 11 Exhibit J - Notice of Termination)(Kaplan, Michael) (Entered: 11/20/2025)
Main Document: PETITION
#2
Nov 21, 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 December 1, 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. Respondents are hereby temporarily enjoined from transferring Petitioner outside this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."). This temporary order extends to the transfer of Petitioner outside the country so as 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.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 11/21/2025. Clerk to Follow up (RE). (Entered: 11/21/2025)
Main Document: TEXT
Nov 21, 2025
E-Filing Notification: Clerk attached petition to docket entry and served a copy of the petition and 2 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. (RE)
Nov 21, 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 21, 2025
Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
#6
Nov 26, 2025
ORDER granting 1 Petition to the extent that Petitioner seeks a bond hearing. Responses to Respondents' Motion for Extension of Time (Dkt. 5) are due on or before December 3, 2025. Signed by Hon. Elizabeth A. Wolford on 11/26/2025. (MGB)
Main Document: ORDER
#12
Dec 17, 2025
Letter filed by Jackson Daniel Barillas Resinos . (Attachments: # 1 Declaration of Erica G. Mannix, # 2 Exhibit 1 to Mannix Declaration, # 3 Exhibit 2 to Mannix Declaration)(Julceus, Markiana) (Entered: 12/17/2025)
Main Document: Letter
#13
Dec 18, 2025
TEXT ORDER re: 12 Letter. A telephone status conference is scheduled for today, December 18, 2025, at 11:00 a.m., before the Hon. Elizabeth A. Wolford. This is a public telephonic proceeding. To access the conference, dial 1-585-524-1799 and enter Conference ID 341 799 237 sufficiently in advance of the start time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/18/2025. (MGB) (Entered: 12/18/2025)
#14
Dec 18, 2025
Letter filed by Jeseph Edlow, Jeseph Freden, Rose Kendrick, Todd Lyons, Tammy Marich, Kristi Noem re Petitioner's letter re transfer and bond hearing. (Khalil, Adam) (Entered: 12/18/2025)
Main Document: Letter
#15
Dec 18, 2025
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by telephone: Markiana J. Julceus, Esq. and Erica G Mannix, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of Respondents. Status Conference held on 12/18/2025. Court addresses 12 Letter filed by Petitioner. To the extent the letter is construed as a Motion to Enforce; Motion denied for reasons as stated on the record. In the event Petitioner's bond hearing is not held on 12/23/2025 as scheduled, the parties may request relief from the Court. (Court Reporter Karen Clark.) (DPS) (Entered: 12/19/2025)

Parties

Barillas Resinos
Party
Noem
Party