Western District of New York • 1:25-cv-01463

#1

Dec 23, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5665577.), filed by Atal Bakhtani. (Attachments: # 1 Civil Cover Sheet)(Gillman, Sarah) (Entered: 12/23/2025)

#2

Dec 29, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Atal Bakhtani. 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 1/5/2026, 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 12/29/2025. (RFI) (Entered: 12/29/2025)

#3

Dec 29, 2025

NOTICE of Appearance by Kerry Quinn Battenfeld on behalf of Atal Bakhtani (Battenfeld, Kerry) (Entered: 12/29/2025)

Dec 29, 2025

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

Dec 29, 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)

#4

Dec 31, 2025

TEXT ORDER: On December 31, 2025, this Court issued a decision and order in Cabrera Martinez v. Newman, 25-cv-1110, Docket Item 24, holding that detention of noncitizens who have remained in the country following expiration of parole is under 8 U.S.C. § 1226, not section 1225. It appears that the holding of Cabrera Martinez may apply to the petitioner in this case. See Docket Item 1 at para. 26. Accordingly, in its response to this Court's show cause order, Docket Item 2, the government also shall address whether under Cabrera Martinez, the petitioner is entitled to a bond hearing. The government's deadline to respond to this Court's show cause order is extended until 1/7/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/31/2025. (RFI) (Entered: 12/31/2025)

#5

Jan 02, 2026

NOTICE of Appearance of Government Attorney: Marvin J. Muller, III, appearing on behalf of All Defendants. CLERK TO FOLLOW UP. (Muller, Marvin) (Entered: 01/02/2026)

#6

Jan 03, 2026

NOTICE of Appearance by Sarah Emma Decker on behalf of Atal Bakhtani (Decker, Sarah) (Entered: 01/03/2026)

#7

Jan 05, 2026

NOTICE by Jeseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security and U.S. Immigration, U.S. Immigration re 2 Text Order,,,,,,,, (Muller, Marvin) (Entered: 01/05/2026)

#8

Jan 05, 2026

TEXT ORDER re 7 Notice (Other) filed by U.S. Department of Homeland Security and U.S. Immigration, Kristi Noem, Tammy Marich, Jeseph Freden, Todd Lyons, U.S. Immigration. Status Conference set for 1/5/2026 at 3:00 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 1/5/2026. (RFI) (Entered: 01/05/2026)

#9

Jan 05, 2026

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 1/5/2026. 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 heard from parties and ordered expedited briefing schedule. Responses due 1/20/2026. Replies due 1/26/2026. If necessary, oral argument will be scheduled. Appearances by Teams Video Conference. For petitioners: Sarah Gillman, Sarah Decker, Kerry Battenfeld, Jhoanna Sylio, Paralegal Halinka Zolicik. For respondents: AUSA Marvin Muller III. (Court Reporter Laurel Tubbs.) Associated Cases: 1:25-cv-01463-LJV, 1:25-cv-01500-LJV(RFI) (Entered: 01/05/2026)

#10

Jan 16, 2026

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jeseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security and U.S. Immigration, U.S. Immigration. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A)(Muller, Marvin) (Entered: 01/16/2026)