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

Civil Case Terminated. Transferred to Western District of New York. (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

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.]

#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

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)

Jun 29, 2026

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

#8

Jun 30, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 1 Petition for Writ of Habeas Corpus filed by Christofer Nunez Caillagua held on 6/30/2026. 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 directed Attorney Formica to file motion for pro hac admission. Based on the government's agreement, the local counsel requirement is waived. AUSA Cruz will submit redacted versions of documents to Attorney Formica and file on public docket today. Petitioner's Amended Petition is due by 7/2/2026. Respondents' response is due by 7/9/2026. Virtual Oral Argument set for 7/10/2026 at 11:00 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Appearances by Teams Video Conference: For petitioner: Elizabeth Velez and Glenn Formica. For respondents: AUSA Chelsea Cruz and AUSA Adam Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 06/30/2026)

#9

Jul 01, 2026

MOTION TO AMEND PETITION filed by Christofer Nunez Caillagua. (Pro hac pending; filed by Chambers with consent of Court and respondents)(RFI) (Entered: 07/07/2026)

#10

Jul 01, 2026

AMENDED PETITION (Pro hac pending; filed by Chambers with consent of Court and respondents) (RFI) (Entered: 07/07/2026)

#11

Jul 01, 2026

MOTION TO NAME PROPER RESPONDENTS filed by Christofer Nunez Caillagua (Attachments: # 1 Memorandum in Support) (Pro hac pending; filed by Chambers with consent of Court and respondents)(RFI) (Entered: 07/07/2026)

#12

Jul 01, 2026

MEMORANDUM OF LAW IN SUPPORT OF AMENDED PETITION filed by Christofer Nunez Caillagua (Pro hac pending; filed by Chambers with consent of Court and respondents)(RFI) (Entered: 07/07/2026)

#13

Jul 07, 2026

TEXT ORDER granting 9 MOTION TO AMEND PETITION. The Amended Petition, Docket Item 10, shall be the operative pleading. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/7/2026. (RFI) (Entered: 07/07/2026)

#14

Jul 07, 2026

TEXT ORDER granting 11 MOTION TO NAME PROPER RESPONDENTS. The Clerk of Court shall amend the caption of this action to name Michael Ball, acting Warden of the Buffalo Federal Detention Facility, and Philip Rhoney, actingField Office Director of the U.S. Immigration and Customs Enforcement Buffalo Field Office, as respondents, and shall terminate the Warden of FCI Berlin and the Acting Field Office Director of the ICE Boston Field Office as respondents. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/7/2026. (RFI)Clerk to Follow up (Entered: 07/07/2026)

#15

Jul 07, 2026

MOTION to appear pro hac vice for Glenn L. Formica, Esq. on behalf of the plaintiff Christofer Nunez Caillagua. No fee included. (Attachments: # 1 petition, # 2 Affidavit, # 3 Oath of office, # 4 Attorney Oath, # 5 Certificate of Good Standing, # 6 Electronic Filing)Modified to include attorney name on 7/7/2026 (DDS). (Entered: 07/07/2026)

#16

Jul 08, 2026

REPLY/RESPONSE to re 10 Order filed by Michael Ball, Todd Blanche, Daren K. Margolin, Mark Wayne Mullin, Philip Rhoney, David Venturella. (Cruz, Chelsea) (Entered: 07/08/2026)

#17

Jul 08, 2026

TEXT ORDER re 10 Amended Petition for Writ of Habeas Corpus filed by Christofer Nunez Caillagua. On 6/30/2026, the Court held a status conference in this case at which it ordered the petitioner to file a proposed amended petition by 7/2/2026 and ordered the government to respond to that petition by 7/9/2026. See Docket Item 8. The petitioner moved to amend his petition on 7/1/2026, Docket Item 9, and the Court granted that motion on 7/7/2026, stating that the amended petition, Docket Item 10, "shall be the operative pleading." Docket Item 13. The respondents responded to the amended petition on 7/8/2026. Docket Item 16.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 Alvarez Ortiz v. Freden, 808 F. Supp. 3d 579 (W.D.N.Y. 2025), this Court held "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. In his amended petition, the petitioner argues that he is being detained under section 1226(a). See Docket Item 10 ¶¶ 2, 18-24, 41. In their response to the amended petition, the respondents acknowledged 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 16 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 7/16/2026, 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. The virtual oral argument scheduled for 7/10/2026 is ADJOURNED.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/8/2026. (DDC) (Entered: 07/08/2026)

Jul 08, 2026

E-Filing Notification: 15 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing Pro hac vice fee of $200. Filer should mail in fee by check or money order to Clerk's office. (ARS)

#18

Jul 16, 2026

STATUS REPORT filed by Christofer Nunez Caillagua. (Pro hac pending; filed by Chambers with consent of Court and respondents) (RFI) (Entered: 07/16/2026)

#19

Jul 16, 2026

TEXT ORDER re 18 STATUS REPORT. The petitioner has filed a status report, Docket Item 18, 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 7/16/2026. (RFI)Clerk to Follow up (Entered: 07/16/2026)

Jul 17, 2026

Pro Hac Vice fee: $ 200, receipt number 100010046 for Glenn Formica. (DDS)

#20

Jul 20, 2026

TEXT ORDER granting 15 Motion for Pro Hac Vice Admission of Glenn L. Formica, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/20/2026. (CMD)This was emailed to: Glenn L. Formica, Esq.Clerk to Follow up (Entered: 07/20/2026)

#21

Aug 11, 2026

JUDGMENT in favor of Christofer Nunez Caillagua against FCI Berlin, Warden, Daren K. Margolin, Michael Ball, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 8/11/2026. (DDS) (Entered: 08/11/2026)