Western District of New York • 1:26-cv-01231

#1

Jun 15, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5865769.), filed by Jervys Krhisler Gutierrez Zerpa. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - ICE Detainee Locator)(Borowski, Matthew) (Entered: 06/15/2026)

#2

Jun 15, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5865773.) by Jervys Krhisler Gutierrez Zerpa. (Attachments: # 1 Affidavit Motion Affidavit for PHV, # 2 Supplement PHV Packet)(Borowski, Matthew) (Entered: 06/15/2026)

#3

Jun 15, 2026

Emergency MOTION for Temporary Restraining Order to prevent movement outside of the jurisdiction by Jervys Krhisler Gutierrez Zerpa.(Borowski, Matthew) (Entered: 06/15/2026)

#4

Jun 15, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Jervys Krhisler Gutierrez Zerpa So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the petitioner's motion for a temporary restraining order, Docket Item 3, is GRANTED, and 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 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 6/22/2026, 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 6/15/2026. (ZHM) (Entered: 06/15/2026)

Jun 15, 2026

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

#5

Jun 16, 2026

CONTINUATION OF EXHIBITS to E-Filing Notification, 2 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5865773.) attorney database form. (Borowski, Matthew) (Entered: 06/16/2026)

Jun 16, 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)

Jun 16, 2026

E-Filing Notification: 2 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing Attorney Database form. Filer should submit form using Continuation of Exhibits event. (ARS)

#6

Jun 17, 2026

CONTINUATION OF EXHIBITS to E-Filing Notification, attorney database form (corrected). (Borowski, Matthew) (Entered: 06/17/2026)

#7

Jun 17, 2026

MOTION to appear pro hac vice of Olivia Natale ( Filing fee $ 200 receipt number ANYWDC-5869251.) by Jervys Krhisler Gutierrez Zerpa.(Borowski, Matthew) (Entered: 06/17/2026)

Jun 17, 2026

E-Filing Notification: 5 CONTINUATION OF EXHIBITS to E-Filing Notification, ACTION REQUIRED: Filer is missing signature on Attorney Database form. Attorney Database form with signature box can be found on Court website. Filer should submit form using Continuation of Exhibits event. (ARS)

Jun 18, 2026

E-Filing Notification: 7 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing Notice of Motion form. Filer should submit using Continuation of Exhibits event. (ARS)

#8

Jun 22, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Acting Deputy Field Office Director, Acting Field Office Director, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, David J Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/22/2026)

#9

Jun 22, 2026

REPLY/RESPONSE to re 4 Text Order,,,,,,,,, Terminate Motions,,,,,,,, filed by Acting Deputy Field Office Director, Acting Field Office Director, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, David J Venturella. (Khalil, Adam) (Entered: 06/22/2026)

#10

Jun 22, 2026

CONTINUATION OF EXHIBITS to E-Filing Notification Notice of Motion to Appear PHV. (Borowski, Matthew) (Entered: 06/22/2026)

#11

Jun 22, 2026

CONTINUATION OF EXHIBITS to 7 MOTION to appear pro hac vice of Olivia Natale ( Filing fee $ 200 receipt number ANYWDC-5869251.), E-Filing Notification Motion Affidavit. (Borowski, Matthew) (Entered: 06/22/2026)

#12

Jun 23, 2026

MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus, by Jervys Krhisler Gutierrez Zerpa. (Attachments: # 1 Supplement A - Amended Petition, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Borowski, Matthew) (Entered: 06/23/2026)

#13

Jun 24, 2026

TEXT ORDER re 12 Motion to Amend/Correct 1 Petition for Writ of Habeas Corpus filed by Jervys Krhisler Gutierrez Zerpa. Local Rule of Civil Procedure 15(a) requires that "[a] movant seeking to amend or supplement a pleading... must attach an unsigned copy of the proposed amended pleading as an exhibit to the motion." And Rule 15(b) provides that "[u]nless the movant is proceeding pro se, the amendment(s) or supplement(s) to the original pleading shall be identified in the proposed pleading through the use of a word processing 'redline' function or other similar markings that are visible in both electronic and paper format." Accordingly, the petitioner shall file a proposed amended petition with changes identified in redline on or before 6/25/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/24/2026. (DDC) (Entered: 06/24/2026)

#14

Jun 24, 2026

TEXT ORDER granting 2 Motion for Pro Hac Vice Admission of Andrew C. Heinrich, Esq. and 7 Motion for Pro Hac Vice Admission of Olivia Natale, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/24/2026. (CMD)This was mailed to: Andrew C. Heinrich, Esq. and Olivia Natale, Esq. Clerk to Follow up (Entered: 06/24/2026)

#15

Jun 24, 2026

CONTINUATION OF EXHIBITS to 12 MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus, . (Heinrich, Andrew) (Entered: 06/24/2026)

#16

Jun 24, 2026

TEXT ORDER GRANTING 12 MOTION to Amend/Correct 1 Petition for Writ of Habeas Corpus filed by Jervys Krhisler Gutierrez Zerpa.In light of the "permissive" standard for granting leave to amend, see Sacerdote v. New York Univ., 9 F.4th 95, 115 (2d Cir. 2021) (citation and internal quotation marks omitted); see also Fed. R. Civ. P. 15(a) (leave to amend should be "freely" given "when justice so requires"), the petitioner's motion to amend his petition, Docket Item 12, is GRANTED. The Clerk of the Court shall docket the proposed amended complaint included in Gutierrez Zerpa's motion, Docket Item [12-1], as the amended complaint in this action. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/24/2026. (DDC)Clerk to Follow up (Entered: 06/24/2026)

#17

Jun 24, 2026

TEXT ORDER GRANTING IN PART the amended petition for writ of habeas corpus, Docket Item [12-1] (which the Clerk of the Court shall docket as the amended petition). On 6/15/2026, this Court ordered the respondents to show cause why, in light of this Court's decision in Cabrera Martinez v. Marich, 816 F. Supp. 3d 356 (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 4. In response, the "[r]espondents acknowledge[d] that this Court's prior ruling" in Cabrera Martinez "concern[ed] similar challenges to the government policy or practice at issue in this case, and if the Court follows that prior ruling, it would control the result in this case." Docket Item 9 at 2. The respondents noted that the petitioner "entered the United States on August 23, 2022, and was paroled into the United States," id. at 2 n.1, and the petitioner specified that his parole expired on October 24, 2022, Docket Item 12-1 ¶ 3. 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 already has decided. See Docket Item 9 at 1. The petitioner counters that immediate release is the appropriate remedy. Docket Item 12-1 at 4, 10, 17, 18. Given the petitioner's argument that his detention is unlawful because he was not issued a warrant or Notice to Appear, see id. at 3, 9-10, 15, 17, the Court finds that further briefing is necessary for its consideration of the petitioner's request for immediate release.Accordingly, for the reasons explained in Cabrera Martinez, the amended petition is GRANTED IN PART to the extent it seeks a bond hearing and the respondents are ORDERED 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 7/2/2026, 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. On or before 7/1/2026, the respondents shall respond to the petitioner's argument regarding immediate release. The petitioner shall reply by 7/8/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/24/2026. (DDC) (Entered: 06/24/2026)

#18

Jun 24, 2026

AMENDED PETITION for Writ of Habeas Corpus, filed by Jervys Krhisler Gutierrez Zerpa. (CGJ) (Entered: 06/25/2026)

#19

Jun 25, 2026

Letter filed by Acting Deputy Field Office Director, Acting Field Office Director, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, David J Venturella re application of prior response to Amended Petition. (Khalil, Adam) (Entered: 06/25/2026)

#20

Jun 25, 2026

REPLY/RESPONSE to re 17 Text Order,,,,,,,,,,,,, re Petitioner's request for immediate release filed by Acting Deputy Field Office Director, Acting Field Office Director, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, David J Venturella. (Khalil, Adam) (Entered: 06/25/2026)

#21

Jun 28, 2026

REPLY/RESPONSE to re 20 Reply/Response, Re: Petitioner's Request for Release filed by Jervys Krhisler Gutierrez Zerpa. (Attachments: # 1 Exhibit Form I-213, # 2 Exhibit Form I-200, # 3 Exhibit Form I-862, # 4 Exhibit Form I-286, # 5 Declaration Natale Declaration)(Natale, Olivia) (Entered: 06/28/2026)

#22

Jul 02, 2026

Letter filed by Acting Deputy Field Office Director, Acting Field Office Director, Todd Blanche, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Markwayne Mullin, David J Venturella re bond hearing. (Khalil, Adam) (Entered: 07/02/2026)

#23

Jul 29, 2026

TEXT ORDER re 22 Letter, filed by Markwayne Mullin, Executive Office for Immigration Review (EOIR), Department of Homeland Security (DHS), David J Venturella, Acting Deputy Field Office Director, Todd Blanche, Acting Field Office Director.The respondents have filed a letter, Docket Item 22, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 17, 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 7/29/2026. (DDC)Clerk to Follow up (Entered: 07/29/2026)

#24

Aug 14, 2026

JUDGMENT in favor of Jervys Krhisler Gutierrez Zerpa against Acting Deputy Field Office Director, Acting Field Office Director, Department of Homeland Security (DHS), Executive Office for Immigration Review (EOIR), Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 8/14/2026. (DDS) (Entered: 08/14/2026)