Western District of New York • 6:25-cv-06816

#1

Dec 23, 2025

PETITION for Writ of Habeas Corpus, filed by Wilmer Jose Juarez Niz. (Attachments: # 1 Exhibits, # 2 Envelope)(DMK) (Additional attachment(s) added on 12/30/2025: # 3 Civil Cover Sheet) (DMK). (Entered: 12/30/2025)

#2

Dec 23, 2025

MOTION for Temporary Restraining Order by Wilmer Jose Juarez Niz. (DMK) (Entered: 12/30/2025)

Dec 23, 2025

Filing fee paid: $ 5.00, receipt number 100008633. (DMK)

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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff. (DMK)

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Dec 31, 2025

TEXT ORDER TO SHOW CAUSE AND DENYING PETITIONER'S 2 MOTION FOR A TRO. Petitioner Wilmer Jose Juarez Niz, a native and citizen of Guatamala, filed the instant petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 23, 2025, while being held as civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). He seeks a writ of habeas corpus requiring among other things that Respondents release him or provide him with an expedited bond hearing under 8 U.S.C. § 1226(a). ECF No. 1. Petitioner has also filed a motion for a temporary restraining order that seeks his release or an expedited bond hearing. ECF No. 2. 28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." In light of the Court's prior orders on this issue, including its decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575, (W.D.N.Y. Nov. 25, 2025), Respondents are hereby ORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with a copy of this 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; and it is further ORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless 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," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Lastly, because Petitioner's request for relief in his TRO will be addressed in due course on the expedited schedule set forth in this Text Order to Show Cause, his motion for a TRO [ECF No. 2] is denied without prejudice. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/31/2025. (JCL)This was mailed to: Petitioner.Clerk to Follow up (Entered: 12/31/2025)