Western District of New York • 1:26-cv-01496

#1

Jul 23, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5913207.), filed by Victor Perez Gomez. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 07/23/2026)

#2

Jul 23, 2026

Emergency MOTION for Temporary Restraining Order to prevent movement outside of the jurisdiction by Victor Perez Gomez.(Borowski, Matthew) (Entered: 07/23/2026)

#3

Jul 23, 2026

TEXT ORDER: So that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, his motion for a temporary restraining order, Docket Item 2, 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). SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/23/2026. (ZHM) (Entered: 07/23/2026)

#4

Jul 23, 2026

TEXT ORDER. Virtual Status Conference set for 7/24/2026 at 10:00 AM 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 the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/23/2026. (CMD) (Entered: 07/23/2026)

Jul 23, 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. (KKR)

Jul 23, 2026

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

#5

Jul 24, 2026

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Victor Perez Gomez 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 7/31/2026, 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 7/24/2026. (ZHM) (Entered: 07/24/2026)

#6

Jul 24, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 7/24/2026. 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 counsel as to whether or not three recently filed cases are related. Court finds that Case Number 26-CV-1493 Martinez Martinez v. Ball, et al. and 26-CV-1489 Perez Gomez v. Ball, et al., are not related and will direct the Clerk of Court to do a random reassignment for Case Number 26-CV-1493. Court will retain case numbers 26-CV-1489 Perez Gomez v. Ball, et al., and 26-cv-1496 Perez Gomez v. Ball, et al., without prejudice to respondents filing a motion, as stated. Appearances. For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 07/24/2026)

#7

Jul 24, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/24/2026)

#8

Jul 24, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re no relation to 26-CV-01489 and requesting reassignment. (Khalil, Adam) (Entered: 07/24/2026)

#9

Jul 24, 2026

TEXT ORDER re 8 Letter filed by Markwayne Mullin, Todd Blanche, Philip Rhoney, Michael Ball, David Venturella. In light of the government's letter, the petitioner shall show cause by 7/27/2026 why this case should not be reassigned randomly. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/24/2026. (RFI) (Entered: 07/24/2026)