Western District of New York • 1:26-cv-01364

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus, filed by Luis Enrique Mejia Samayoa. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(ARS) (Entered: 07/08/2026)

#2

Jul 08, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Luis Enrique Mejia Samayoa So that the petitioner can fully participate in these proceedings, 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 7/15/2026, 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 7/8/2026. (ZHM)This was mailed to: the petitioner. (Entered: 07/08/2026)

Jul 08, 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. 636(c) 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.Clerk mailed to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (ARS)

Jul 08, 2026

Filing fee: $ 5, receipt number 100009940 (ARS)

#3

Jul 15, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Director, Facility Administrator, Secretary. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/15/2026)

#4

Jul 15, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,, filed by Director, Facility Administrator, Secretary. (Khalil, Adam) (Entered: 07/15/2026)

#5

Jul 15, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Luis Enrique Mejia Samayoa On 7/8/2026, 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 2 . 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 4 at 1. 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. 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 7/23/2026, 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 7/15/2026. (ZHM)This was mailed to: the petitioner. (Entered: 07/15/2026)

#6

Jul 16, 2026

CERTIFICATE OF SERVICE by Michael Ball, Markwayne Mullin, David Venturella re 4 Reply/Response (Khalil, Adam) (Entered: 07/16/2026)

#7

Jul 16, 2026

Mail Returned as Undeliverable. 2 Text Order,,,,,,,, sent to Luis Enrique Mejia Samayoa. (DDS) (Entered: 07/16/2026)

#8

Jul 23, 2026

Letter filed by Michael Ball, Markwayne Mullin, David Venturella re bond hearing. (Khalil, Adam) (Entered: 07/23/2026)

#9

Jul 23, 2026

CERTIFICATE OF SERVICE by Michael Ball, Markwayne Mullin, David Venturella re 8 Letter (Khalil, Adam) (Entered: 07/23/2026)

#10

Jul 24, 2026

TEXT ORDER re 8 Letter filed by Markwayne Mullin, David Venturella, Michael Ball The respondents have filed a letter, Docket Item 8, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 5, 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. The Court notes that the copy of this Court's 7/8/2026 text order, Docket Item 2, mailed to the petitioner at the Buffalo Federal Detention Facility ("BFDF") has been returned as undeliverable, see Docket Item 7 . Although it is not clear why the mailing was returned as undeliverable, the respondents have informally indicated to the Court that the petitioner is currently located at BFDF. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/24/2026. (ZHM)This was mailed to: the petitioner.Clerk to Follow up (Entered: 07/24/2026)

#11

Aug 06, 2026

Mail Returned as Undeliverable. 10 Text Order, sent to Petitioner (TME) (Entered: 08/06/2026)

#12

Aug 10, 2026

JUDGMENT in favor of Luis Enrique Mejia Samayoa against David Venturella, Markwayne Mullin, Michael Ball. Signed by Andrew W. Moeller, Clerk of Court on 8/10/2026. (TME)This was mailed to: Petitioner. (Entered: 08/10/2026)

#13

Aug 13, 2026

TEXT ORDER: The respondents have informally indicated to the Court that the petitioner has been released from custody and that his new address is 808 Chestnut Ave, Trenton, NJ 08611. The Clerk of the Court shall update his address on the docket and also send him a copy of this order and this Court's 7/24/2026 order, Docket Item 10, at that new address. In light of the petitioner's release and this Court's previous order—which was sent to the Buffalo Federal Detention Facility—being returned as undeliverable, the petitioner's time to show cause why any issues remain properly before this Court is extended until 14 days from the date of this order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/13/2026.(ZHM)Clerk to Follow up (Entered: 08/13/2026)

Aug 14, 2026

Remark: Clerk updated the petitioner's address to 808 Chestnut Ave, Trenton, NJ 08611 and mailed a copy of Text Order (Dkt. 13) and Text Order (Dkt. 10) to this address. (DDS)

#14

Aug 21, 2026

Mail Returned as Undeliverable. 12 Judgment sent to Luis Enrique Mejia Samayoa. (DDS) (Entered: 08/21/2026)