Western District of New York • 1:25-cv-01425

#1

Dec 19, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5661212.), filed by Odair Pereira Dos Santos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Text of Proposed Order Proposed Order)(Bardavid, Joshua) (Entered: 12/19/2025)

#2

Dec 19, 2025

MOTION to appear pro hac vice for Clarissa M. Kalil ( Filing fee $ 200 receipt number ANYWDC-5661233.) by Odair Pereira Dos Santos. (Attachments: # 1 Text of Proposed Order)(Bardavid, Joshua) (Entered: 12/19/2025)

#3

Dec 19, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 12/19/2025)

#4

Dec 19, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 12/19/2025)

#5

Dec 19, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 12/19/2025)

#6

Dec 19, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 12/19/2025)

Dec 22, 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. (CGJ)

Dec 22, 2025

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

#7

Dec 23, 2025

TEXT ORDER granting 2 Motion for Pro Hac Vice Admission for Clarissa Moraes Kalil, Esq. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/23/2025. (CMD)Clerk to Follow up (Entered: 12/23/2025)

#8

Dec 30, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Odair Pereira Dos Santos. 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). The petitioner alleges that he is being detained under 8 U.S.C. § 1226(a) and is therefore entitled to a bond hearing. See Docket Item 1 at 12. On November 4, 2025, this Court issued a decision and order in Alvarez Ortiz v. Freden, case number 25-cv-960, holding "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)." See Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032, at *12 (W.D.N.Y. Nov. 4, 2025). Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before January 6, 2026, 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 12/30/2025. (RFI) (Entered: 12/30/2025)

#9

Jan 05, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility (Khalil, Adam) (Entered: 01/05/2026)

#10

Jan 06, 2026

REPLY/RESPONSE to re 8 Text Order,,,,,,,, filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 01/06/2026)

#11

Jan 07, 2026

TEXT ORDER re 10 Reply/Response filed by Kristi Noem, Warden of Buffalo Federal Detention Facility, Pamela Bondi, Thomas Brophy. In light of the respondents' indication that the petitioner has a bond hearing scheduled for January 12, 2026, the parties shall file a status report on or before January 13, 2026, advising the Court of the outcome of that hearing. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/7/2026. (RFI) (Entered: 01/07/2026)

#12

Jan 13, 2026

STATUS REPORT by Odair Pereira Dos Santos. (Attachments: # 1 Exhibit Exhibit List)(Kalil, Clarissa) (Entered: 01/13/2026)

#13

Jan 13, 2026

TEXT ORDER re 12 Status Report filed by the petitioner. The petitioner, Odair Pereira Dos Santos, has filed a status report, Docket Item 12, indicating that he received a bond hearing on January 12, 2026, but was denied release on bond because the immigration judge found that Dos Santos had "failed to meet his burden to establish that he is likely to appear for any future proceedings to the Court's satisfaction," see Docket Item [12-1] at 3. In Alvarez Ortiz v. Freden, --- F.Supp.3d ---, 2025 WL 3085032, (W.D.N.Y. Nov. 4, 2025), this Court 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. Here, the government acknowledges that Dos Santos "is detained under 8 U.S.C. § 1226(a) because he was previously admitted to the United States." Docket Item 10 at 1. But based on Dos Santos's status report, the immigration judge at the January 12, 2026, bond hearing placed the burden on Dos Santos to demonstrate that he was not a flight risk. See Docket Item [12-1] at 3. Accordingly, the government is hereby ordered to SHOW CAUSE on or before January 16, 2026, why Dos Santos is not entitled to a new bond hearing under Alvarez Ortiz at which the government bears the burden to demonstrate, by clear and convincing evidence, that Dos Santos 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, Dos Santos's ability to pay. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/13/2026. (ZHM) (Entered: 01/13/2026)

#14

Jan 14, 2026

Letter filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility in response to OTSC. (Khalil, Adam) (Entered: 01/14/2026)

#15

Jan 14, 2026

REPLY/RESPONSE to re 14 Letter PETITIONERS REPLY TO GOVERNMENTS RESPONSE TO ORDER TO SHOW CAUSE filed by Odair Pereira Dos Santos. (Kalil, Clarissa) (Entered: 01/14/2026)

#16

Jan 15, 2026

TEXT ORDER. Virtual Status Conference set for 1/16/2026 at 4:00 PM 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 sent directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/15/2026. (CMD) (Entered: 01/15/2026)

#17

Jan 16, 2026

Letter filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility with Mahmodi decision. (Khalil, Adam) (Entered: 01/16/2026)

#18

Jan 16, 2026

Letter filed by Odair Pereira Dos Santos Petitioners Letter in Further Response to Respondents Submission. (Kalil, Clarissa) (Entered: 01/16/2026)

#19

Jan 16, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 1/16/2026. 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 reviewed parties' submissions. Petitioner will file an Amended Petition by 1/19/2026. Upon receipt, the Court will issue an Order to Show Cause. Appearances by Teams Video Conference. For petitioner: Clarissa Moraes Kalil. For respondents: AUSA Adam Khalil. (Court Reporter Laurel Tubbs.) (CMD) (Entered: 01/16/2026)

#20

Jan 16, 2026

AMENDED DOCUMENT by Odair Pereira Dos Santos. Amendment to 1 Petition for Writ of Habeas Corpus, AMENDED PETITION FOR WRIT OF HABEAS CORPUS (28 U.S.C. § 2241). (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit List)(Kalil, Clarissa) (Entered: 01/16/2026)

#21

Jan 18, 2026

TEXT ORDER re 20 Amended Petition filed by Odair Pereira Dos Santos.The government agrees that the petitioner, Odair Pereira Dos Santos, "is detained under 8 U.S.C. § 1226(a)." See Docket Item 10 at 1. On January 12, 2026, Dos Santos had a bond hearing at which the "Immigration Judge denied bond, finding that [Dos Santos] did not meet his burden to establish that he is likely to appear for future proceedings." Docket Item 12 at 1. Dos Santos now has filed an amended petition, Docket Item 20, alleging that this bond hearing was constitutionally insufficient under this Court's decision in Alvarez Ortiz v. Freden, --- F. Supp. 3d. ---, 2025 WL 3085032 (W.D.N.Y. Nov. 4, 2025). See id. at *12 (holding "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)"). The government acknowledges that Alvarez Ortiz held that "the burden should be shifted at an initial bond hearing under 8 U.S.C. § 1226(a)." Docket Item 10 at 1. It argues, however, that this holding runs afoul of the Second Circuit's decision in Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020). See Docket Item 10 at 1. The government also submitted a recent decision from another judge in this District agreeing with its position. See Docket Item 17 (attaching Mahmodi v. Marich, 2026 WL 113473, at *1 (W.D.N.Y. Jan. 15, 2026) (Vacca, J.)). This Court has carefully reviewed Judge Vacca's well-written and reasoned decision in Mahmodi, but it does not change the Court's conclusion that due process requires the burden to be on the government at an initial section 1226(a) bond hearing. Moreover, this Court already has considered and rejected the government's argument regarding Velssco Lopez. See Alvarez Ortiz, 2025 WL 3085032, at *12 (examining Velasco Lopez and concluding that it "does not foreclose this Court's finding that such process is required" (citing Onosamba-Ohindo v. Searls, 678 F. Supp. 3d 364, 374 n.2 (W.D.N.Y. 2023) (Wolford, C.J.); B.S. v. Joyce, 2023 WL 1962808, at *4 (S.D.N.Y. Feb. 13, 2023) (Castel, J.); Jimenez v. Decker, 2021 WL 826752, at *8 (S.D.N.Y. Mar. 3, 2021) (Broderick, J.)). As the Court noted at oral argument, this is a very close question on which respected judges have disagreed; ultimately, however, this Court previously decided to follow Chief Judge Wolford's lead, and Judge Vacca's decision does not tip the balance. Accordingly, for the reasons explained in Alvarez Ortiz, this Court GRANTS the amended petition and ORDERS the respondents to provide the petitioner with a new individualized bond hearing before an immigration judge within seven 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. In deciding whether the government has met its burden, 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 January 26, 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 1/18/2026. (RFI) (Entered: 01/18/2026)

#22

Jan 24, 2026

Letter filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility re bond hearing. (Khalil, Adam) (Entered: 01/24/2026)

#23

Jan 24, 2026

STATUS REPORT by Odair Pereira Dos Santos. (Kalil, Clarissa) (Entered: 01/24/2026)

#24

Jan 24, 2026

First MOTION to Enforce Judgment PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 by Odair Pereira Dos Santos. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Kalil, Clarissa) (Entered: 01/24/2026)

#25

Jan 26, 2026

Letter filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility re Petitioner's motion to enforce. (Khalil, Adam) (Entered: 01/26/2026)

#26

Jan 26, 2026

Letter filed by Odair Pereira Dos Santos . (Kalil, Clarissa) (Entered: 01/26/2026)

#27

Jan 26, 2026

TEXT ORDER re 24 First MOTION to Enforce Judgment filed by Odair Pereira Dos Santos. The petitioner, Odair Pereira Dos Santos, has moved to enforce this Court's order requiring a bond hearing at which "the immigration judge must consider non-bond alternatives to detention or, if setting a bond, the petitioner's ability to pay." See Docket Item 21; Docket Item 24. Dos Santos argues that the immigration judge violated this Court's order (1) by imposing electronic monitoring in addition to a bond, and (2) by setting a $25,000 bond without considering Dos Santos's ability to pay. See Docket Item 24. The government responded, arguing that this Court's order did not preclude the immigration judge from both setting a bond and requiring electronic monitoring. Docket Item 25 ("The government reads the Court's Order to use 'or' as injunctive, meaning [that] the immigration judge could set alternatives to detention (of which, bond is one) but could also set bond. But, if setting bond, the immigration court must take the further step of considering [Dos Santos]'s ability to pay."). The government is correct. The order required the immigration judge to consider "non-bond alternatives to detention"; in other words, before ordering detention, the immigration judge needed to consider whether any risk of flight or danger could be mitigated by alternatives. The order also required the immigration judge to consider ability to pay if setting a bond. But nothing in the order precludes the immigration judge from both setting bond and imposing electronic monitoring; what is precluded is ordering detention without considering such alternatives. Thus, the portion of Dos Santos's motion to enforce asserting that the immigration judge was not authorized to order both electronic monitoring and bond is denied. Based on Dos Santos's motion, however, there is a possibility that the immigration judge did not consider Dos Santos's ability to pay when setting the bond. Thus, by 2/2/2026, the government shall respond to that portion of Dos Santos's motion to enforce. Dos Santos may reply by 2/6/2026. If necessary, the Court will schedule oral argument at at later date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/26/2026. (RFI) (Entered: 01/26/2026)

#28

Jan 29, 2026

Letter filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility re IJ's consideration of ability to pay in bond hearing recording. (Khalil, Adam) (Entered: 01/29/2026)

#29

Jan 30, 2026

STATUS REPORT by Odair Pereira Dos Santos. (Kalil, Clarissa) (Entered: 01/30/2026)

#30

Jan 30, 2026

First MOTION to Withdraw 24 First MOTION to Enforce Judgment PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 by Odair Pereira Dos Santos.(Kalil, Clarissa) (Entered: 01/30/2026)

#31

Jan 30, 2026

TEXT ORDER granting Dos Santos's motion to withdraw his motion to enforce or, in the alternative, deny the motion as moot, Docket Item 30 . Therefore, Dos Santos's motion to enforce, Docket Item 24, is denied as moot. SO ORDERED. Issued by by Hon. Lawrence J. Vilardo on 1/30/2026. (DDC) (Entered: 01/30/2026)

#32

Feb 27, 2026

First MOTION for Attorney Fees by Odair Pereira Dos Santos. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of EAJA Motion, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Exhibit A to C)(Kalil, Clarissa) (Entered: 02/27/2026)

#33

Feb 27, 2026

RESPONSE in Opposition re 32 First MOTION for Attorney Fees filed by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 02/27/2026)

#34

Aug 17, 2026

NOTICE OF APPEAL as to 21 Text Order,,,,,,,,,,,,,,, by Pamela Bondi, Thomas Brophy, Kristi Noem, Warden of Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 08/17/2026)

Aug 18, 2026

Remark: Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (DDS)

#35

Sep 30, 2026

DECISION & ORDER denying 32 Motion for Attorney Fees. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 9/30/2026. (AJM) (Entered: 09/30/2026)

#36

Sep 30, 2026

TEXT ORDER: The Court has now issued a decision on the petitioner's motion for attorney's fees. If either party believes there are any further issues properly before this Court, that party may show cause within 14 days of this order. If neither party shows 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 9/30/2026. (AJM)Clerk to Follow up (Entered: 09/30/2026)

#37

Oct 15, 2026

JUDGMENT in favor of Odair Pereira Dos Santos against Warden of Buffalo Federal Detention Facility, Kristi Noem, Pamela Bondi, Thomas Brophy. Signed by Andrew W. Moeller, Clerk of Court, on 10/15/2026. (DDS) (Entered: 10/15/2026)