Western District of New York • 1:26-cv-01483

#1

Jul 21, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5910181.), filed by D. H.A.. (Attachments: # 1 Exhibit Exhibit A- I-213, # 2 Exhibit Exhibit B- NTA, # 3 Exhibit Exhibit C- I-94, # 4 Exhibit Exhibit D- Scheduling order)(Bae, Yongjin) (Entered: 07/21/2026)

#2

Jul 21, 2026

First MOTION to Seal Document by D. H.A.. (Attachments: # 1 Text of Proposed Order)(Bae, Yongjin) (Entered: 07/21/2026)

#3

Jul 21, 2026

AMENDED DOCUMENT by D. H.A.. Previously omitted JS-44 Civil Cover Sheet. (Bae, Yongjin) (Entered: 07/21/2026)

#4

Jul 22, 2026

First MOTION for Temporary Restraining Order by D. H.A.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bae, Yongjin) (Entered: 07/22/2026)

#5

Jul 22, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by D.H.A. 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 4, 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 7/29/2026, 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. The Court will address the petitioner's motion to proceed under pseudonym, Docket Item 2, by separate order. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/22/2026. (ZHM) (Entered: 07/22/2026)

Jul 22, 2026

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

Jul 22, 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. (MMG)

#6

Jul 28, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, George Harvey, Markwayne Mullin, Andrew Oliveri, Charles Wall. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/28/2026)

#7

Jul 28, 2026

REPLY/RESPONSE to re 5 Text Order,,,,,,,,,, Terminate Motions,,,,,,,,, filed by Todd Blanche, George Harvey, Markwayne Mullin, Andrew Oliveri, Charles Wall. (Khalil, Adam) (Entered: 07/28/2026)

#8

Jul 28, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by D.H.A. On July 22, 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 5. 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 7 at 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. 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 August 5, 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 7/28/2026. (RFI) (Entered: 07/28/2026)

#9

Jul 30, 2026

TEXT ORDER denying without prejudice 2 Motion to Proceed under Pseudonym filed by D.H.A. The petitioner, D.H.A., has moved to proceed under a pseudonym because his "[p]etition contains, and subsequent filings will contain, highly sensitive and personal information about his application for asylum and other immigration applications, immigration status, and personal history." Docket Item 2 at 1. More specifically, D.H.A. says that "public filing under [the p]etitioner's true name would disclose not only his identity, but also highly sensitive information concerning his home address, family relationships, the presence of minor children, and the details of the residential arrest challenged in this action." Id. at 6. But the petition does not allege an arrest at his residence in front of minor children; it alleges that "ICE agents conducted a coordinated roadside operation to arrest Mr. H.A. while he was driving to work." Docket Item 1 at 2. And based on those allegations, the Court is not convinced that proceeding by a pseudonym is necessary. Thus, the motion is denied without prejudice. The Court will, however, allow the petitioner to file an amended motion to proceed by pseudonym by 8/5/2026 and will permit the petitioner to proceed by pseudonym temporarily pending the filing of an amended motion. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/30/2026. (RFI) (Entered: 07/30/2026)

#10

Aug 03, 2026

First MOTION to Amend/Correct Motion for Leave to Proceed Under Pseudonym by D.H.A..(Bae, Yongjin) (Entered: 08/03/2026)

#11

Aug 05, 2026

Letter filed by Todd Blanche, George Harvey, Markwayne Mullin, Andrew Oliveri, Charles Wall re Petitioner's continuance of bond hearing. (Khalil, Adam) (Entered: 08/05/2026)

#12

Aug 05, 2026

TEXT ORDER granting the respondents' request for an extension of time to file a status report confirming that the petitioner has either been granted a bond hearing or released from custody, Docket Item 11, until 8/6/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/5/202. (DDC) (Entered: 08/05/2026)

#13

Aug 06, 2026

Letter filed by Todd Blanche, George Harvey, Markwayne Mullin, Andrew Oliveri, Charles Wall re bond hearing. (Khalil, Adam) (Entered: 08/06/2026)

#14

Aug 06, 2026

First MOTION to Enforce Judgment by D.H.A.. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Bae, Yongjin) (Entered: 08/06/2026)

#15

Aug 10, 2026

TEXT ORDER re 14 First MOTION to Enforce Judgment filed by D.H.A. The government shall file a response, along with a transcript of the petitioner's bond hearing, on or before 8/24/2026. The petitioner may reply by 8/31/2026. Virtual Oral Argument set for 9/3/2026 at 11:00 AM in 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 8/10/2026. (RFI) (Entered: 08/10/2026)

#16

Aug 11, 2026

Letter filed by Todd Blanche, George Harvey, Markwayne Mullin, Andrew Oliveri, Charles Wall with bond hearing and oral decision transcripts. (Khalil, Adam) (Entered: 08/11/2026)

#17

Aug 11, 2026

Letter filed by Todd Blanche, George Harvey, Markwayne Mullin, Andrew Oliveri, Charles Wall in opposition to Petitioner's Motion to Enforce. (Khalil, Adam) (Entered: 08/11/2026)

#18

Aug 11, 2026

TEXT ORDER granting 10 Amended Motion for Leave to Proceed Under Pseudonym filed by D.H.A. The petitioner, D.H.A., has filed an amended motion to proceed by pseudonym. Docket Item 10. The government informally indicated that it took no position on the motion. In support of his motion, D.H.A. explains that "his spouse[] and the children in their family were targeted by individuals affiliated with pro-government organizations in Venezuela because of his spouses opposition [to] political activity." Id. at 2. He "describes a course of politically motivated threats and violence against the family, including attacks on their home, a threat to burn the family inside the home, the ransacking of the family residence, and an incendiary attack on the location where the family later attempted to hide." Id. And, D.H.A. explains, "[a] public caption bearing [his] true name would create a searchable link between him, his spouse, their children, and the family's opposition activity," jeopardizing their safety. Id. at 3. A petitioner may proceed by pseudonym only when his "interest in anonymity" outweighs "the public interest in disclosure and any prejudice to the [respondents]." See Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189 (2d Cir. 2008). The Court finds that D.H.A. has met that burden. He has explained why disclosure of his identity would jeopardize his and his family's safety. Moreover, allowing him to proceed by pseudonym will not prejudice the government, and the public has no real interest in knowing his specific identity. The Court therefore GRANTS D.H.A.'s motion. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/11/2026. (RFI) (Entered: 08/11/2026)

#19

Aug 12, 2026

NOTICE of Voluntary Dismissal by D.H.A. (Bae, Yongjin) (Entered: 08/12/2026)

#20

Aug 13, 2026

TEXT ORDER: The notice of voluntary dismissal without prejudice filed by the petitioner, Docket Item 19, is ordered. The motion to enforce, Docket Item 14, is DENIED AS MOOT, and the virtual oral argument set for 9/3/2026 at 11:00 AM is ADJOURNED. The Clerk of the Court shall close this case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/13/2026. (DDC)Clerk to Follow up (Entered: 08/13/2026)