Western District of New York • 6:25-cv-06793

#1

Dec 17, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5658772.), filed by Juan Elias Hernandez Martinez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 12/17/2025)

Dec 18, 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. (TMK)

#2

Dec 23, 2025

TEXT ORDER TO SHOW CAUSE: Petitioner Juan Elias Hernandez Martinez, a citizen of El Salvador, filed the instant petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 17, 2025, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). He seeks a writ of habeas corpus requiring that Respondents release him, or hold a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF No. 1.28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Accordingly, Respondents are herebyORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further,ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov; and it is further ORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response.Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless the application for the writ and the return present only issues of law, the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is furtherORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/23/2025. (JCL)Clerk to Follow up (Entered: 12/23/2025)

#3

Dec 28, 2025

NOTICE of Appearance by Grace Ellen Zaiman on behalf of Juan Elias Hernandez Martinez (Zaiman, Grace) (Entered: 12/28/2025)

Dec 29, 2025

A copy of the text order and petition was forwarded to the US Attorney's Office. (TF)

#4

Dec 31, 2025

Amended PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNYWDC-5668974.), filed by Juan Elias Hernandez Martinez. (Attachments: # 1 Exhibit Order of Supervision, # 2 Exhibit Order Granting Withholding, # 3 Exhibit Birth Certificates of USC Children, # 4 Exhibit Article about Eswatini Repatriating deportees, # 5 Exhibit Article about Ghana)(Zaiman, Grace) (Entered: 12/31/2025)

#5

Jan 05, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/05/2026)

#6

Jan 05, 2026

NOTICE by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re 2 Text Order,,,,,,,,,,, (Muller, Marvin) (Entered: 01/05/2026)

#7

Jan 05, 2026

Letter filed by Juan Elias Hernandez Martinez . (Borowski, Matthew) (Entered: 01/05/2026)

#8

Jan 06, 2026

TEXT SCHEDULING ORDER. The Court is in receipt of Respondents' letter of January 5, 2026 seeking 45 days to respond to the petitoin in order to locate, review, and copy Petitioners immigration records [ECF No. 6], as well as Petitioner's opposition [ECF No. 7]. Respondents' request for 45 days is DENIED. However, the docket reflects that although the order to show cause was docketed on December 23, 2025, it was not served on Respondents until December 29. Accordingly, it is hereby ORDERED that Respondents shall have until January 12, 2026 to show cause why the relief Petitioner seeks in his petition pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary. To the extent Respondents are not able to obtain Petitioner's full file by that time, Respondents are directed to provide a preliminary response to the amended petition, specify what contents of the file they have been unable to obtain, identify which counts in the petition they are unable to address due to the absence of records, and provide a more precise estimate of the time required to obtain the documents they need. To the extent necessary, and at the Court's discretion, Respondents may upon motion be permitted to supplement their response with additional argument and exhibits subsequently received. It is further ORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response. Consistent with the Court's original order to show cause [ECF No. 2], Respondents shall refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/6/2025. (JCL) (Entered: 01/06/2026)

#9

Jan 12, 2026

RESPONSE to 4 Petition for Writ of Habeas Corpus, by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A)(Muller, Marvin) (Entered: 01/12/2026)

#10

Jan 20, 2026

REPLY/RESPONSE to re 9 Response to Habeas Petition filed by Juan Elias Hernandez Martinez. (Attachments: # 1 Exhibit Petitioner's Statement)(Zaiman, Grace) (Entered: 01/20/2026)

#11

Apr 29, 2026

NOTICE of Substitution of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney, is substituted in place of Marvin J Muller. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 04/29/2026)

#12

May 20, 2026

TEXT ORDER The Clerk of Court shall reassign this matter to another judge for all further proceedings. Signed by Hon. Meredith A. Vacca on 5/20/2026. (LB) (Entered: 05/20/2026)

May 20, 2026

DESIGNATION of United States Judge for Service within the Circuit. Case reassigned to Senior Circuit Judge Jon O Newman. Hon. Meredith A. Vacca no longer assigned to the case. (LB)

#13

Jul 31, 2026

ORDER directing the Respondent to inform this Court, within five business days from the date of this Order, (1) why the IJs 2020 grant of withholding of removal does not preclude the removal of Hernandez Martinez and (2) by what authority he continues to be detained despite the IJs grant of Withholding of Removal. It is further ORDERED that the Petitioner may submit to this Court a response to the Respondents submission within five business days of the filing of that submission. It is further ORDERED that neither the Respondent nor any person acting in concert with him shall move Hernandez Martinez out of the Western District of New York until further order of this Court. Signed by Senior Circuit Judge Jon O Newman on 7/31/2026. (LB) (Entered: 07/31/2026)

#14

Aug 05, 2026

REPLY/RESPONSE to re 13 Order,, filed by Michael Ball. (Attachments: # 1 Declaration of Deportation Officer Graf, # 2 Exhibit to Graf Dec.)(Khalil, Adam) (Entered: 08/05/2026)

#15

Aug 10, 2026

REPLY/RESPONSE to re 14 Reply/Response filed by Juan Elias Hernandez Martinez. (Zaiman, Grace) (Entered: 08/10/2026)

#16

Aug 11, 2026

ORDER that the Respondents motion to dismiss the Petition is DENIED without prejudice to renewal when travel documents have been obtained to remove the Petitioner to Mexico; that Judge Vaccas Order, entered January 6, 2026, Dkt. No. 8, 4, is amended to prohibit the Respondent and any persons acting in concert with him from transferring the Petitioner out of the Western District of New York pending a further Order of this Court. Signed by Senior Circuit Judge Jon O Newman on 8/11/2026. (TF) (Entered: 08/11/2026)