Case Activity (897)

1. Order | Filed: August 27, 2026 | Entered: August 27, 2026 Camano Garcia v. Ball

   Habeas Corpus - Alien Detainee | New York Western

   Text Order

   TEXT ORDER: In Last Name Unknown v. Ball, 2026 WL 2096666, at *4 (W.D.N.Y. July 21, 2026), this Court held that a petitioner whose detention was governed by 8 U.S.C. § 1226(a) was entitled to immediate release when a warrant had not been obtained for his arrest. And in Loaeza v. Bausch, 2026 WL 2150155, at *1-2 (W.D.N.Y. July 27, 2026)—with which this Court agrees—Judge Vacca explained that "[w]ithout a valid [Notice to Appear] in place, removal proceedings are not pending, and [the r]espondents have no authority to make an arrest or effectuate detention" of an individual subject to section 1226(a).

   Here, because the petition alleged that the petitioner, Alonzo Camano Garcia, was arrested without a warrant, Docket Item 1 at 1, the Court ordered the respondents to show cause why, in light of the decisions described above, "[Camano Garcia] is not entitled to immediate release... [,] including providing a copy of any warrant or Notice to Appear that the respondents say was issued." Docket Item 4.

   In response, the respondents say that the Notice to Appear "was issued after [Camano Garcia] was arrested." Docket Item 6 at 1. Accordingly, for the reasons explained in Loaeza, the respondents shall release Camano Garcia within 24 hours of this order. On or before 8/31/2026, the respondents shall file an affidavit attesting to Camano Garcia's release.

   SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/27/2026. (DDC)

2. Misc | Filed: August 26, 2026 | Entered: August 26, 2026 Camano Garcia v. Ball

   Habeas Corpus - Alien Detainee | New York Western

   Letter

   Letter filed by Michael Ball re NTA issued after arrest. (Khalil, Adam)

3. 895 additional result(s)