Western District of New York • 6:25-cv-06830

#1

Dec 30, 2025

PETITION for Writ of Habeas Corpus, filed by Dario Granja Loja. (Attachments: # 1 Civil Cover Sheet)(TF) (Entered: 12/30/2025)

#2

Dec 30, 2025

MOTION for Temporary Restraining Order and MOTION for Order to Show Cause, by Dario Granja Loja.(TF) (Entered: 12/30/2025)

Dec 30, 2025

Filing fee: $ 5.00, receipt number 100008662 (TF)

Dec 30, 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. (TF)

#3

Dec 31, 2025

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus, 2 Motion for Temporary Restraining Order. 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 January 8, 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 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 grants the motion for a temporary restraining order to the extent that Respondents are temporarily enjoined 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. 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 12/31/2025. (MGB)Clerk to Follow up (Entered: 12/31/2025)

Dec 31, 2025

Remark: Clerk mailed Dkt. #3 Text Order to the petitioner. (LB)

Dec 31, 2025

Remark : Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. (LB)

#4

Jan 06, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Thomas P. Brophy, Joseph Freden, Tae D. Johnson, Alejandro Mayor, Jeff Searls (Khalil, Adam) (Entered: 01/06/2026)

#5

Jan 06, 2026

REPLY/RESPONSE to re 3 Order on Motion for TRO, Order on Motion for Order to Show Cause, filed by Thomas P. Brophy, Joseph Freden, Tae D. Johnson, Alejandro Mayor, Jeff Searls. (Attachments: # 1 Parole document)(Khalil, Adam) Modified text to remove extra comas on 1/7/2026 (RE). (Entered: 01/06/2026)

#6

Jan 06, 2026

TEXT ORDER. In a response (Dkt. 5) 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 and then paroled. In light of this argument, the Court will afford Petitioner an opportunity to respond to Respondents' response to the Order to Show Cause. Petitioner's response is due on or before January 23, 2026. Respondents shall submit a reply to Petitioner's filing on or before January 30, 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 01/06/2026. (JKS)This was mailed to: Petitioner. (Entered: 01/06/2026)

Jan 06, 2026

3 Text Order mailed to Dario Granja Loja. (RE)

#7

Jan 07, 2026

CERTIFICATE OF SERVICE by Thomas P. Brophy, Joseph Freden, Tae D. Johnson, Alejandro Mayor, Jeff Searls re 5 Reply/Response, (Khalil, Adam) (Entered: 01/07/2026)

#8

Jan 22, 2026

REPLY/RESPONSE to re 6 Text Order, filed by Dario Granja Loja. (Attachments: # 1 Envelope)(RE) (Entered: 01/22/2026)

#11

Feb 03, 2026

DECISION AND ORDER 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