Western District of New York • 1:26-cv-01181

#1

Jun 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5858635.), filed by Ningma Chhiring Tamang. (Attachments: # 1 Exhibit A Detainee Locator, # 2 Civil Cover Sheet)(Manley, Kathy) (Attachment 2 replaced on 6/11/2026) (MMG). (Entered: 06/10/2026)

#2

Jun 11, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ningma Chhiring Tamang. So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents 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). 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 Barbosa 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 6/18/2026, 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 6/11/2026. (DDC) (Entered: 06/11/2026)

#3

Jun 11, 2026

Letter filed by Ningma Chhiring Tamang Requesting Return to this District. (Manley, Kathy) (Entered: 06/11/2026)

Jun 11, 2026

E-Filing Notification re 1 PETITION for Writ of Habeas Corpus: The Court replaced Attachment 2 to flatten the document. (MMG)

Jun 11, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to chambers of online civil opening. (MMG)

Jun 11, 2026

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. (MMG)

#4

Jun 17, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 06/17/2026)

#5

Jun 17, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,, filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Cruz, Chelsea) (Entered: 06/17/2026)

#6

Jun 18, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Ningma Chhiring Tamang.On 6/11/2026, this Court ordered the respondents to show cause why, in light of the Second Circuit's decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), and this Court's decision in Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), "(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." Docket Item 2. In response, the respondents noted that the Second Circuit recently held that "[s]ection 1225(b)(2)(A) does not apply to... noncitizens, [such as the petitioner,] who are present in the United States after entering the country without inspection and admission, and who were not apprehended while entering the country or shortly thereafter.' Rather, the court ruled, [s]ection 1226(a) applies." Docket Item 5 at 2 (quoting Barbosa da Cunha, 175 F.4th at 69). The respondents have reserved all rights, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court and the Second Circuit already have decided. See id. at 1-2.Accordingly, for the reasons explained in Alvarez Ortiz and Barbosa da Cunha, this Court GRANTS the petition and ORDERS the respondents 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 consider 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. On or before 6/26/2026, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/18/2026. (DDC) (Entered: 06/18/2026)

#7

Jun 24, 2026

NOTICE by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re 6 Text Order,,,,,,,,,, (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 06/24/2026)

#8

Jun 25, 2026

TEXT ORDER re 7 Notice filed by Markwayne Mullin, Todd Blanche, Philip Rhoney, David Venturella, Michael Ball.The respondents have filed a letter, Docket Item 7, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 6, but found that the government met its burden on risk of flight. If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/25/2026. (DDC)Clerk to Follow up (Entered: 06/25/2026)

#9

Jul 07, 2026

MOTION to Compel seeking release or proper bond hearing by Ningma Chhiring Tamang. (Attachments: # 1 Exhibit A. Declaration of Halinka Zolcik)(Manley, Kathy) (Entered: 07/07/2026)

#10

Jul 08, 2026

TEXT ORDER re 9 MOTION to Compel seeking release or proper bond hearing filed by Ningma Chhiring Tamang. Response due 7/15/2026. Reply due 7/22/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/8/2026. (DDC) (Entered: 07/08/2026)

#11

Jul 15, 2026

RESPONSE in Opposition re 9 MOTION to Compel seeking release or proper bond hearing filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit A - Transcript of Bond Hearing)(Cruz, Chelsea) (Entered: 07/15/2026)

#12

Jul 16, 2026

TEXT ORDER re 9 MOTION to Compel seeking release or proper bond hearing filed by Ningma Chhiring Tamang. Virtual Oral Argument set for 7/27/2026 at 3:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/16/2026. (CMD) (Entered: 07/16/2026)

#13

Jul 20, 2026

REPLY to Response to Motion re 9 MOTION to Compel seeking release or proper bond hearing filed by Ningma Chhiring Tamang. (Manley, Kathy) (Entered: 07/20/2026)

#14

Jul 27, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 9 MOTION to Compel seeking release or proper bond hearing filed by Ningma Chhiring Tamang held on 7/27/2026. 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. After hearing from the parties, the Court ordered a new Bond Hearing be held. A text order will be issued. Appearances by Teams Video Conference. For petitioner: Kathy Manley. For respondents: AUSA Chelsea Cruz. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 07/27/2026)

#15

Jul 27, 2026

TEXT ORDER granting 9 MOTION to Compel seeking release or proper bond hearing filed by Ningma Chhiring Tamang for the reasons stated on the record. The respondents shall provide the petitioner with a new 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 consider 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.On or before 8/4/2026, the respondents shall file a status report confirming that the petitioner has either been granted a bond hearing in compliance with this order or released from custody. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/27/2026. (DDC) (Entered: 07/27/2026)

#16

Jul 30, 2026

Second MOTION to Compel and Enforce this Court's Order by Ningma Chhiring Tamang.(Manley, Kathy) (Entered: 07/30/2026)

#17

Jul 30, 2026

TEXT ORDER re 16 Second MOTION to Compel and Enforce this Court's Order filed by Ningma Chhiring Tamang. Virtual Status Conference set for 7/31/2026 at 12:00 PM 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 7/30/2026. (CMD) (Entered: 07/30/2026)

#18

Jul 31, 2026

STATUS REPORT IJ Written Order by Ningma Chhiring Tamang. (Manley, Kathy) (Entered: 07/31/2026)

#19

Jul 31, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 16 Second MOTION to Compel and Enforce this Court's Order filed by Ningma Chhiring Tamang held on 7/31/2026. 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 received hearing audio and order denying bond hearing by the 5th Circuit Immigration Judge. Court previously issued an order for petitioner to have a bond hearing by 8/3/2026. If no bond hearing is held by that date, petitioner should be released. No further order will be issued. Appearances by Teams Video Conference. For petitioner: Kathy Manley. For respondents: AUSA Chelsea Cruz. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 08/03/2026)

#20

Aug 04, 2026

NOTICE by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re 15 Text Order,,,,, Terminate Motions,,,, (Cruz, Chelsea) (Entered: 08/04/2026)

#21

Aug 06, 2026

NOTICE by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re 15 Text Order,,,,, Terminate Motions,,,, of Bond Hearing (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 08/06/2026)

#22

Aug 07, 2026

TEXT ORDER re 21 Notice (Other) filed by Markwayne Mullin, Todd Blanche, Philip Rhoney, David Venturella, Michael Ball.The respondents have filed a letter, Docket Item 21, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 15, and that the petitioner was ordered released on bond. If the petitioner believes there are any further issues properly before this Court, the petitioner may show cause within 14 days of this order. If the petitioner does not show cause why issues remain before this Court within 14 days, the Clerk of Court shall enter judgment and close this case without further order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/7/2026. (DDC)Clerk to Follow up (Entered: 08/07/2026)

#23

Aug 07, 2026

TEXT ORDER denying as moot 16 Second MOTION to Compel and Enforce this Court's Order filed by Ningma Chhiring Tamang. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/7/2026. (DDC) (Entered: 08/07/2026)

#24

Aug 24, 2026

JUDGMENT in favor of Ningma Chhiring Tamang against David Venturella, Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court on 8/24/2026. (CGJ) (Entered: 08/24/2026)