Western District of New York • 1:26-cv-02228

#1

Oct 02, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-6012920.), filed by PABLO JUSTINIANO PORTALES. (Attachments: # 1 BRIEF IN SUPPORT, # 2 Declaration Declaration of Jeffery Santoro, # 3 Exhibit DHS/ICE detainee locator, # 4 Exhibit United States B1/B2 nonimmigrant visa issued at La Paz, Bolivia, # 5 Exhibit Prior B1/B2 visa image bearing the same control number, marked cancelled, # 6 Exhibit Bolivian birth certificate of Pablo Justiniano Portales, # 7 Exhibit Certified English translation of the Bolivian birth certificate, # 8 Exhibit Certificate of Marriage, # 9 Exhibit United States passport of Arlenis Estephany Lopez Pena, # 10 Exhibit Birth certificate of Arlenis Estephany Lopez Pena, # 11 Exhibit Joint Wells Fargo bank statement in the names of Arlenis E. Lopez Pena and Pablo Justiniano Portales., # 12 Exhibit Verizon account statement reflecting the family's address, # 13 Exhibit Internal Revenue Service notice assigning an Individual Taxpayer Identification Number to Pablo Justiniano Portales, # 14 Exhibit Bolivian identity card of Pablo Justiniano Portales, # 15 Exhibit Form W-2 Wage and Tax Statement (2023), # 16 Exhibit Photographs and other relationship evidence, # 17 Text of Proposed Order Proposed Order, # 18 Civil Cover Sheet Civil Coversheet)(Santoro, Jeffrey) (Entered: 10/02/2026)

#2

Oct 05, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226(a), and not § 1225(b)(2). The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that constitutional due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See Nany v. Blanche et al., No. 1:26-CV-01187-EAW, 2026 WL 1842635, at *4-5 (W.D.N.Y. June 26, 2026); Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025). Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before October 9, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing pursuant to 8 U.S.C. § 1226(a). In addition, to the extent Petitioner argues that he was arrested without a warrant in violation of 8 U.S.C. § 1226(a), Respondents also shall provide with their response to this Order to Show Cause a copy of any warrant that Respondents contend was issued and a declaration attesting to when that warrant was issued. If, in fact, Petitioner was arrested prior to issuance of any warrant, Respondents shall explain the legal basis for Petitioner's warrantless arrest.Pending a resolution of the petition and because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel, see 28 U.S.C. § 2243 ("Unless 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. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."), Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. This temporary order extends to the transfer of Petitioner outside the country so as 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 Clerk's Office is directed to serve a copy of the petition and this Text 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. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/5/2026. (EKH)Clerk to Follow up (Entered: 10/05/2026)

Oct 05, 2026

Clerk emailed 1 Petition and 2 Text Order to USANYW-Immigration-Habeas@usdoj.gov (CGJ)

Oct 05, 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. (CT)

Oct 05, 2026

Case Assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (CT)