Western District of New York • 1:26-cv-01315

#1

Jun 26, 2026

NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-2818242.) filed by Christofer Nunez Caillagua. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Exhibit (Affidavit) Declaration by Immigration Counsel Glenn Formica, # 3 Memorandum of Law Memorandum of Law, # 4 Exhibit EOIR Case Portal No Results, # 5 Exhibit EOIR Automated Case Information, # 6 Exhibit FCI Berlin Visit Correspondence June 1-9, 2026, # 7 Exhibit Formica Professional Visit Request June 18, 2026, # 8 Exhibit Professional Visit Request June 25, 2026, # 9 Exhibit Visit Request Email Chain and June 24 Denial)(Velez, Elizabeth) [Transferred from nhd on 6/29/2026.] (Entered: 06/26/2026)

#2

Jun 26, 2026

ORDER ENTERED: The Court requires sufficient time to consider the petition for habeas corpus filed pursuant to 28 U.S.C. § 2241. Consequently, the respondents shall not remove or transfer the petitioner outside of the District of New Hampshire unless they provide this Court with notice at least seventy-two hours in advance of any such removal or transfer. At least twenty-four of the seventy-two hours must fall on a day during which the court is in session. Such notice shall: 1. be filed in writing on the docket of this proceeding; 2. state the reason for the necessity of such action; and 3. state why the move should not be stayed pending further court proceedings. Notice of a petitioner's release from custody may be provided after the fact. So Ordered by Chief District Judge Samantha D. Elliott.(jmb) [Transferred from nhd on 6/29/2026.] (Entered: 06/26/2026)

Jun 26, 2026

NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE. (jmb) [Transferred from nhd on 6/29/2026.]

Jun 26, 2026

Case assigned to Chief District Judge Samantha D. Elliott and US Magistrate Judge Talesha L. Saint-Marc. The case designation is: 1:26-cv-534-SE-TSM. Please show this number with the judge designation on all future pleadings. (jmb) [Transferred from nhd on 6/29/2026.]

Jun 26, 2026

ENDORSED ORDER Text of Order: This action began with the filing of a habeas petition shortly after 2 PM on June 26, 2026. Doc. no. 1. Within approximately an hour, the court issued an emergency order preventing removal or transfer of the petitioner outside of the District of New Hampshire on less than 72 hours of advance notice to the court. Doc. no. 2. Approximately an hour later, the respondents notified the court during a status conference that the petitioner is not and has never been in ICE custody in New Hampshire. Instead, they confirmed that he is detained in a federal detention facility in Batavia, New York. The petitioner's counsel has been unable to see or communicate with the petitioner at FCI Berlin. Notwithstanding FCI Berlin's failure to correct counsel's mistake as to the petitioner's location over the course of repeated denials of requests to visit his client at that facility, counsel for the petitioner does not have any information disputing the government's representation that his client is in New York and was never in New Hampshire. That representation is also consistent with some of the allegations contained in the petition and with the detainee locator. Consequently, all parties agree that the court should transfer this matter to the Western District of New York, where the petitioner and his immediate custodian are located now and were located at the time of filing. The court finds that the circumstances presented do not warrant departing from the default rule that a habeas petition must be filed in the district where the petitioner is confined at the time of filing. Accordingly, it is hereby ORDERED that this action shall be TRANSFERRED to the United States District Court for the Western District of New York. So Ordered by Chief District Judge Samantha D. Elliott.(vln) [Transferred from nhd on 6/29/2026.]

Jun 26, 2026

NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge.(jmb) [Transferred from nhd on 6/29/2026.]

Jun 26, 2026

Civil Case Terminated. Transferred to Western District of New York. (vln) [Transferred from nhd on 6/29/2026.]

#3

Jun 29, 2026

Case transferred in from District of New Hampshire; Case Number 1:26-cv-00534. (Entered: 06/29/2026)

#4

Jun 29, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Christofer Nunez Caillagua. 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). The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/29/2026. (DDC) (Entered: 06/29/2026)

#5

Jun 29, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Christofer Nunez Caillagua. Virtual Status Conference set for 6/30/2026 at 2:30 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 parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 6/29/2026. (CMD) (Entered: 06/29/2026)

Jun 29, 2026

Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of electronic case transfer. (CGJ)

Jun 29, 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. (CGJ)

#6

Jun 30, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Executive Office of Immigration Review, Acting Director, FCI Berlin, Warden, US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, US Immigration and Customs Enforcement and Removal Operations, Field Office Director. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 06/30/2026)

#7

Jun 30, 2026

Letter filed by US Immigration and Customs Enforcement, FCI Berlin, Warden, US Attorney General, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement and Removal Operations, Field Office Director, Executive Office of Immigration Review, Acting Director . (Attachments: # 1 Exhibit ICE Documents)(Cruz, Chelsea) (Entered: 06/30/2026)