Western District of New York • 6:25-cv-06697

#1

Nov 21, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5636013.), filed by Jose Rene Melendez Ayala. (Attachments: # 1 Exhibit Birth Certificate)(Zaiman, Grace) (Entered: 11/21/2025)

#2

Nov 24, 2025

CONTINUATION OF EXHIBITS Civil Cover Sheet by Jose Rene Melendez Ayala. to 1 Petition for Writ of Habeas Corpus filed by Jose Rene Melendez Ayala. (Zaiman, Grace) Modified docket text on 11/24/2025 (DMK). (Entered: 11/24/2025)

#3

Nov 24, 2025

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. On November 24, 2025, this Court issued a Decision and Order in Quituizaca Quituisaca v. Bondi, No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025), 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 that decision, 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 11/24/2025. (MGB)Clerk to Follow up (Entered: 11/24/2025)

Nov 24, 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. (DMK)

Nov 24, 2025

Case Assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (DMK)

Nov 24, 2025

E-Filing Notification: 2 Clerk updated Continuation of Exhibits to list Civil Cover Sheet. (DMK). (DMK)