Western District of New York • 1:25-cv-01350

#1

Dec 10, 2025

PETITION for Writ of Habeas Corpus (Filing fee $5.00 receipt number ANYWDC-5651275), filed by Feliciano Gonzalez-Castillo. (Attachments: # 1 Exhibit ICE Guidance, # 2 Exhibit Notice to Appear, # 3 Exhibit Decision of IJ, # 4 Exhibit I-1213) (Langer, Jonathan) Modified on 12/11/2025 (JHF). (Entered: 12/10/2025)

#2

Dec 10, 2025

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus, Civil Cover Sheet filed by Feliciano Gonzalez-Castillo. (Langer, Jonathan) Modified on 12/11/2025 (JHF). (Entered: 12/10/2025)

#3

Dec 11, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus, filed by Feliciano Gonzalez-Castillo. To maintain the status quo, and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted, the respondents are temporarily enjoined from removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also 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). On November 4, 2025, this Court issued a decision and order in Alvarez Ortiz v. Freden, case number 25-cv-960, finding 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. See Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025). The Court further 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 *12. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before 12/18/2025, why, in light of that decision, (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 12/11/2025. (RFI) (Entered: 12/11/2025)

Dec 11, 2025

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. (JHF)

Dec 11, 2025

Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JHF)

#4

Dec 15, 2025

MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5655314.) by Feliciano Gonzalez-Castillo. (Attachments: # 1 Exhibit PHV Packet, # 2 Declaration Declaration of Amy Maldonado)(Langer, Jonathan) (Entered: 12/15/2025)

#5

Dec 16, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph E. Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 12/16/2025)

#6

Dec 16, 2025

REPLY/RESPONSE to re 3 Text Order,,,,,,,, filed by Joseph E. Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 12/16/2025)

#7

Dec 16, 2025

Letter filed by Feliciano Gonzalez-Castillo Requesting immediate relief. (Langer, Jonathan) (Entered: 12/16/2025)

#8

Dec 16, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus, filed by Feliciano Gonzalez-Castillo. On December 11, 2025, this Court ordered the respondents to show cause "why, in light of [this Court's] decision [in Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 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 3. In response, the "[r]espondents acknowledge[d] that this Court's prior rulings [including Alvarez Ortiz] concerning similar challenges to the government policy or practice at issue in this case, and the common question of law between this case and those rulings, would control the result in this case should the Court adhere to its legal reasoning in those prior decisions." Docket Item 6 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 Alvarez Ortiz, 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 December 24, 2025, 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 12/16/2025. (RFI) (Entered: 12/16/2025)

Dec 16, 2025

E-Filing Notification: re 4 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5655314.). Clerk removed attachment 2 since it should be filed under seal. (CGJ)

#9

Dec 17, 2025

TEXT ORDER granting 4 Motion for Pro Hac Vice Admission of Amy Maldonaldo, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/17/2025. (CMD)This was mailed to: Amy Maldonado, Esq.. Modified on 12/18/2025 (CMD). CLERK TO FOLLOW UP. (Entered: 12/18/2025)

#10

Dec 22, 2025

Emergency MOTION Relief from a Judgment Pursuant to Rule 60(b)(6) by Feliciano Gonzalez-Castillo. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Exhibit 1 - Notice of Bond Hearing, # 3 Exhibit Exhibit 2 - Birth Certificate of Marco Antonio Gonzalez Silva, # 4 Exhibit Exhibit 3 - Marco Antonio Gonzalez Silva Military ID, # 5 Exhibit Exhibit 4 - Flight Itinerary)(Langer, Jonathan) (Entered: 12/22/2025)

#11

Dec 23, 2025

TEXT ORDER re 10 Emergency MOTION Relief from a Judgment Pursuant to Rule 60(b)(6) filed by Feliciano Gonzalez-Castillo. Status Conference set for 12/23/2025 at 12:00 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 12/23/2025. (RFI) (Entered: 12/23/2025)

#12

Dec 23, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 12/23/2025. 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 emails detailing ICE office closure and heard from parties. If petitioner is granted Bond at today's Bond Hearing, he should be released as set out in the Court's text order. Appearances by Teams Video Conference. For petitioner: Amy Maldonado and Jonathan Langer. For respondents: AUSA Adam Khalil. (Court Reporter Teams Video Conference.) (CMD) (Entered: 12/23/2025)

#13

Dec 23, 2025

TEXT ORDER re 10 Emergency MOTION Relief from a Judgment Pursuant to Rule 60(b)(6) filed by Feliciano Gonzalez-Castillo. For the reasons explained on the record, the Court hereby orders that if the petitioner is ordered released on bond and the respondents are unable to process payment of that bond by 12/24/2025 at noon due to administrative closures, the petitioner shall then be released on an ankle monitor unless and until the bond payment can be processed. Once the bond has been paid, the ankle monitor shall be removed. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/23/2025. (RFI) (Entered: 12/23/2025)

#14

Dec 23, 2025

Emergency MOTION Clarification re 13 Text Order,, by Feliciano Gonzalez-Castillo. (Attachments: # 1 Exhibit 1 - Bond Order, # 2 Certificate of Service, # 3 Text of Proposed Order)(Maldonado, Amy) (Entered: 12/23/2025)

#15

Dec 23, 2025

Letter filed by Joseph E. Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re motion to clarify. (Khalil, Adam) (Entered: 12/23/2025)

#16

Dec 24, 2025

Letter filed by Feliciano Gonzalez-Castillo . (Maldonado, Amy) (Entered: 12/24/2025)

#17

Dec 24, 2025

TEXT ORDER re 14 Emergency MOTION Clarification re 13 Text Order, filed by Feliciano Gonzalez-Castillo. Status Conference set for 12/24/2025 at 9:15 AM 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 12/24/2025. (RFI) (Entered: 12/24/2025)

#18

Dec 24, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 12/24/2025. 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 on petitioner's emergency motion. Petitioner's counsel advised that it is likely petitioner will be able to post bond today. Petitioner's counsel raised issue of ankle monitor. Court advised that it will not issue order regarding ankle monitor today. Petitioner can file motion at later date if necessary. Appearances by Teams Teleconference. For petitioner: Amy Maldonado. For respondents: AUSA Adam Khalil. (Court Reporter Teams Teleconference.) (RFI) (Entered: 12/24/2025)

#19

Dec 24, 2025

Letter filed by Joseph E. Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem release of Petitioner. (Khalil, Adam) (Entered: 12/24/2025)

#20

Jan 05, 2026

TEXT ORDER re 19 Letter filed by Kristi Noem, Steven Kurzdorfer, Joseph E. Freden, Todd Lyons. The respondents have filed a letter, Docket Item 19, indicating that an immigration judge held a bond hearing in compliance with this Court's order, Docket Item 8, 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 1/5/2026. (RFI)Clerk to Follow up (Entered: 01/05/2026)