Western District of New York • 6:25-cv-06804

#1

Dec 22, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5662257.), filed by H-A-. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Gillman, Sarah) (Entered: 12/22/2025)

#2

Dec 22, 2025

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus . (Attachments: # 1 Exhibit Bond Decision, # 2 Exhibit NTA, # 3 Exhibit Parole Document, # 4 Exhibit I-213)(Gillman, Sarah) (Entered: 12/22/2025)

#3

Dec 22, 2025

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. This Court has issued Decision and Orders in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), 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. Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before December 30, 2025, 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 at which the government bears the burden to demonstrate, by clear and convincing evidence, that 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, Petitioner's ability to pay.In addition, the Court temporarily enjoins Respondents from transferring Petitioner outside this District pending a resolution of the petition 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."). 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.Further, 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 12/22/2025. (MGB)Clerk to Follow up (Entered: 12/22/2025)

Dec 22, 2025

Clerk emailed Petition to USANYW-Immigration-Habeas@usdoj.gov. (TF)

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. (JLH)

Dec 22, 2025

Case originally assigned to the Buffalo office. Case is assigned to Hon. Elizabeth A. Wolford and the new case number is 25-cv-6804. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

#4

Dec 23, 2025

Letter filed by H-A- Requesting that the Court permit the Clerks Office to remove from the docket ECF Nos. 1-2, 1-3, 1-4 and 1-5. (Gillman, Sarah) (Entered: 12/23/2025)

#5

Dec 23, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Executive Office for Immigration Review, Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Khalil, Adam) (Entered: 12/23/2025)

#6

Dec 23, 2025

TEXT ORDER denying 4 Letter Request to Remove Docket Entries. Petitioner submitted a letter request seeking to remove certain docket entries. (Dkt. 4). The Court denies Petitioner's letter request. Pursuant to Fed. R. Civ. P. 5.2(c), access to filed documents in this case is already restricted to the parties and the public terminal at the courthouse. The Court is not inclined to allow documents to be removed from the docket, but will entertain a motion to seal and to proceed under a pseudonym, but any such request should be made by a properly supported motion and not by letter. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/23/2025. (JKS) (Entered: 12/23/2025)

#7

Dec 29, 2025

MOTION Granting Petitioner permission to proceed under pseudonym and to file exhibits related to Petitioners immigration court proceedings that include sensitive and identifying information under seal or, in the alternative, with redactions, and requiring that he appears by pseudonym in public filings in this matter by H-A-. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gillman, Sarah) (Entered: 12/29/2025)

#8

Dec 29, 2025

MOTION to appear pro hac vice for Arielle Wisbaum ( Filing fee $ 200 receipt number ANYWDC-5665964.) by H-A-.(Gillman, Sarah) (Entered: 12/29/2025)

#9

Dec 29, 2025

CONTINUATION OF EXHIBITS to 7 MOTION Granting Petitioner permission to proceed under pseudonym and to file exhibits related to Petitioners immigration court proceedings that include sensitive and identifying information under seal or, in the alternative, with redactions, and requi . (Gillman, Sarah) (Entered: 12/29/2025)

#10

Dec 29, 2025

MOTION for permission to proceed under pseudonym and to file exhibits related to Petitioners immigration court proceedings that include sensitive and identifying information under seal or, in the alternative, with redactions, and requi Corrected ECF No. 7 (Caption Corrected) and Corrected ECF 7-1 (Caption Corrected). (Attachments: # 1 Text of Proposed Order)(Gillman, Sarah) Modified on 12/29/2025 (TF). (Entered: 12/29/2025)

#11

Dec 29, 2025

REPLY/RESPONSE to re 3 Text Order,,,,,,,,,, filed by Pamela Bondi, Executive Office for Immigration Review, Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Khalil, Adam) (Entered: 12/29/2025)

#12

Dec 29, 2025

Corrected Memorandum of Law (Caption Corrected)/CONTINUATION OF EXHIBITS to 10 MOTION for permission to proceed under pseudonym and to file exhibits related to Petitioners immigration court proceedings that include sensitive and identifying information under seal or, in the alternative, with redactions, and requi . (Gillman, Sarah) Modified on 12/29/2025 (TF). (Entered: 12/29/2025)

#13

Dec 29, 2025

Corrected Declaration in Support of Memorandum of Law/CONTINUATION OF EXHIBITS re 10 MOTION for permission to proceed under pseudonym and to file exhibits related to Petitioners immigration court proceedings that include sensitive and identifying information under seal or, in the alternative, with redactions. (Gillman, Sarah) Modified on 12/29/2025 (TF). (Entered: 12/29/2025)

#14

Dec 29, 2025

REPLY/RESPONSE to re 11 Reply/Response, 3 Text Order,,,,,,,,,, ** AMENDED RESPONSE ** filed by Pamela Bondi, Executive Office for Immigration Review, Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Khalil, Adam) (Entered: 12/29/2025)

Dec 29, 2025

E-Filing Notification: terminated 7 MOTION for Petitioner permission to proceed under pseudonym, refiled correctly as 10 CONTINUATION OF EXHIBITS to and to file exhibits related to Petitioners immigration court proceedings that include sensitive and identifying information under seal or, in the alternative, with redactions, and requi Corrected ECF No. 7 (Caption Corrected) and Corrected ECF 7-1 (Caption Corrected). E-Filing Notification: Incorrect event used to electronically file document. For future reference, use the event that matches the filing or add as an attachment to the 10 Motion. No action required. Clerk to modify entries 10, 12 and 13 . (TF)

#15

Dec 30, 2025

CONTINUATION OF EXHIBITS to 8 MOTION to appear pro hac vice for Arielle Wisbaum ( Filing fee $ 200 receipt number ANYWDC-5665964.) . (Gillman, Sarah) (Entered: 12/30/2025)

#16

Dec 30, 2025

Letter filed by H-A- Requesting Permission to submit a reply to Respondents response (ECF No. 14) on or before December 31, 2025. (Gillman, Sarah) (Entered: 12/30/2025)

#17

Dec 30, 2025

TEXT ORDER granting 16 letter request to file reply. On December 22, 2025, the Court directed Respondents to show cause why the petition in this case should not be granted to the extent it seeks a bond hearing. (Dkt. 3). Respondents responded to the Court's request on December 29, 2025. (Dkt. 14). By letter request, Petitioner now seeks to file a reply. (Dkt. 16). Petitioner's letter indicates that Respondents do not oppose this request. (Id.). The Court grants Petitioner's request. Petitioner's reply is due on or before December 31, 2025. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/30/2025. (JKS) (Entered: 12/30/2025)

Dec 30, 2025

E-Filing Notification: 8 MOTION to appear pro hac vice. ACTION REQUIRED: Filer needs to submit completed and signed forms- Attorney Petition Form, Attorney's Oath, Civility Principles and Guidelines Oath and Attorney Database and Electronic Case Filing Registration Form. (ARS)

#18

Dec 31, 2025

REPLY/RESPONSE to re 14 Reply/Response, filed by H-A-. (Gillman, Sarah) (Entered: 12/31/2025)

#19

Jan 04, 2026

TEXT ORDER. In an amended response (Dkt. 14) to the Court's Order to Show Cause (Dkt. 3), Respondents raise an argument that this case is distinguishable from the issues resolved in Quituizaca Quituisaca v. Bondi, et al., No. 25-cv-6527, 2025 WL 3264440 (W.D.N.Y Nov. 24, 2025) and Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025), because Petitioner was apprehended at the border and then paroled. Petitioner was permitted leave to file a reply to Respondents' amended response, which he filed on December 31, 2025. (Dkt. 18). The Court will afford Respondents an opportunity to file a memorandum of law in response to Petitioner's filing on or before January 12, 2026, to more fully address this argument. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/04/2026. (MGB). (Entered: 01/04/2026)

Jan 05, 2026

E-Filing Notification: 15 CONTINUATION OF EXHIBITS to 8 MOTION to appear pro hac vice. ACTION REQUIRED: Filer is missing Notice of Motion and/or Motion to appear pro hac vice. Filer must submit using Continuation of Exhibits. (ARS)

#20

Jan 06, 2026

CONTINUATION OF EXHIBITS Notice of Motion to Appear Pro Hac Vice. (Gillman, Sarah) (Entered: 01/06/2026)

#21

Jan 09, 2026

NOTICE of Appearance by Sarah Emma Decker on behalf of H-A- (Decker, Sarah) (Entered: 01/09/2026)

#22

Jan 09, 2026

REPLY/RESPONSE to re 18 Reply/Response, 19 Text Order, filed by Pamela Bondi, Executive Office for Immigration Review, Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Khalil, Adam) Modified on 1/12/2026 (JHF). (Entered: 01/09/2026)

Jan 12, 2026

E-Filing Notification: Clerk revised docket text of 22 REPLY/RESPONSE to clarify the filing event. (JHF)

#26

Feb 03, 2026

DECISION AND ORDER granting 10 motion to proceed under a pseudonym; granting in part and denying without prejudice in part motion to seal; granting 1 petition to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 02/03/2026. (MGB)Clerk to Follow up