Western District of New York • 1:26-cv-01320

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5882866.), filed by NURIDDIN NURIDDINOV.(Diallo, Alpha) (Entered: 06/29/2026)

#2

Jun 29, 2026

MEMORANDUM/BRIEF re 1 Petition for Writ of Habeas Corpus in Support of Petition for Writ of Habeas Petition by NURIDDIN NURIDDINOV. (Diallo, Alpha) (Entered: 06/29/2026)

#3

Jun 30, 2026

CONTINUATION OF EXHIBITS by NURIDDIN NURIDDINOV. Civil Cover Sheet filed by NURIDDIN NURIDDINOV. (Diallo, Alpha) (Entered: 06/30/2026)

#4

Jun 30, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Nuriddin Nuriddinov 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 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 7/7/2026, 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 6/30/2026. (ZHM) (Entered: 06/30/2026)

Jun 30, 2026

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

Jun 30, 2026

E-Filing Notification: 1 PETITION for Writ of Habeas Corpus. Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (ARS)

Jun 30, 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. (ARS)

#5

Jul 01, 2026

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5886319.) by Nuriddin Nuriddinov. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Diallo, Alpha) (Entered: 07/01/2026)

#6

Jul 02, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/02/2026)

#7

Jul 02, 2026

Letter filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella re order granting voluntary departure. (Khalil, Adam) (Entered: 07/02/2026)

#8

Jul 02, 2026

TEXT ORDER re 7 Letter filed by Markwayne Mullin, Joseph E. Freden, David Venturella, Todd Blanche Unless the petitioner SHOWS CAUSE before 2:00 PM on 7/7/2026, the Court will lift of the stay of transfer in this action and hold the petition in abeyance pending confirmation of the petitioner's voluntary departure. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/2/2026. (ZHM) (Entered: 07/02/2026)

Jul 02, 2026

E-Filing Notification: 5 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing Admission Petition Form. Form can be found on Court's website. Filer should submit form using Continuation of Exhibits event. (ARS)

#9

Jul 06, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Nuriddin Nuriddinov. (Attachments: # 1 Exhibit Letter to ICE Regarding Withdrawal of Voluntary Departure)(Diallo, Alpha) (Entered: 07/06/2026)

#10

Jul 07, 2026

Letter filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella in response to Petitioner's arguments. (Khalil, Adam) (Entered: 07/07/2026)

#11

Jul 07, 2026

TEXT ORDER re 9 Response to Order to Show Cause filed by Nuriddin Nuriddinov, 10 Letter filed by Markwayne Mullin, Joseph E. Freden, David Venturella, Todd Blanche. Status Conference set for 7/7/2026 at 03:00 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 7/7/2026. (ZHM) (Entered: 07/07/2026)

#12

Jul 07, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 7/7/2026 re 9 petitioner's response to order to show cause and re 10 letter filed by respondents. 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 reviewed letters and ordered further briefing. Respondents shall supplement their response by 7/10/2026. Petitioner has until 7/17/2026 to reply. Virtual status conference scheduled for 7/23/2026 at 3pm. Appearances by Teams Video Conference. For Petitioner: Attorney Alpha Amadou Diallo and Attorney Robert Bond. For Respondents: AUSA Adam Khalil (KMM) (Entered: 07/07/2026)

#13

Jul 10, 2026

REPLY/RESPONSE to re 12 Status Conference,,, Set Hearings,, filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella. (Khalil, Adam) (Entered: 07/10/2026)

#14

Jul 16, 2026

REPLY/RESPONSE to re 13 Reply/Response filed by Nuriddin Nuriddinov. (Attachments: # 1 Exhibit)(Diallo, Alpha) (Entered: 07/16/2026)

#15

Jul 16, 2026

First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5904154.) by Nuriddin Nuriddinov.(Diallo, Alpha) (Entered: 07/16/2026)

#16

Jul 16, 2026

Letter filed by Nuriddin Nuriddinov . (Diallo, Alpha) (Entered: 07/16/2026)

#17

Jul 17, 2026

Letter filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella re Petitioner's pending motion to reopen in immigration court. (Khalil, Adam) (Entered: 07/17/2026)

#18

Jul 17, 2026

TEXT ORDER re 17 Letter filed by Markwayne Mullin, Joseph E. Freden, David Venturella, Todd Blanche. Virtual Status Conference set for 7/23/2026 is rescheduled for 7/22/2026 at 1:30 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 sent directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/17/2026. (CMD) (Entered: 07/17/2026)

#19

Jul 20, 2026

TEXT ORDER granting 5 Motion for Pro Hac Vice Admission for Robert Bond, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/20/2026. (CMD)This was mailed to: Robert Bond, Esq.Clerk to Follow up (Entered: 07/20/2026)

#20

Jul 22, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 7/22/2026. 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 heard from parties. AUSA Khalil will provide update as to Immigration Judge's decision on 7/24/2026, as stated. If no Bond Hearing is ordered, then a further status conference will be scheduled. Appearances by Teams Video Conference. For petitioner: Robert Bond and Alpha Amadou Diallo. For respondents: AUSA Adam A. Khalil.(Court Reporter Laurel Tubbs.) (CMD) (Entered: 07/22/2026)

#21

Jul 22, 2026

REPLY/RESPONSE to re 4 Text Order,,,,,,,, filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella. (Khalil, Adam) (Entered: 07/22/2026)

#22

Jul 22, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Nuriddin Nuriddinov On 6/30/2026, 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] a similar challenge 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 21 at 1-2. The respondents have reserved all rights, including the right to appeal, and this Court appreciates their efforts "to conserve judicial and party resources" by not rehashing issues that this Court already has decided. See id. at 1. Moreover, the respondents also have informally conceded to the Court that the petitioner's filing of a motion to reopen, see Docket Item 14-1 at 3, terminates his voluntary departure order. Accordingly, for the reasons explained in Cabrera Martinez, 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 7/30/2026, 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 7/22/2026. (ZHM) (Entered: 07/22/2026)

#23

Jul 30, 2026

Letter filed by Todd Blanche, Joseph E. Freden, Markwayne Mullin, David Venturella re bond hearing. (Khalil, Adam) (Entered: 07/30/2026)

#24

Aug 03, 2026

TEXT ORDER re 23 Letter filed by Markwayne Mullin, Joseph E. Freden, David Venturella, Todd Blanche The respondents have filed a letter, Docket Item 23, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 22, 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 8/3/2026. (ZHM)Clerk to Follow up (Entered: 08/03/2026)

#25

Aug 18, 2026

JUDGMENT in favor of Nuriddin Nuriddinov against David Venturella, Joseph E. Freden, Markwayne Mullin, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 8/18/2026. (DDS) (Entered: 08/18/2026)