9:26-cv-00363•Parra v. Favro et al
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Case 9:26-cv-00363-AMN Document 9 Filed 03/25/26 Page 1 of 3
Case 9:26-cv-00363-AMN Document 9 Filed 03/25/26 Page 2 of 3
Case 9:26-cv-00363-AMN Document 9 Filed 03/25/26 Page 3 of 3
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Case 9:26-cv-00363-AMN Document9 Filed 03/25/26 Page1of3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK GLORIA REGINA GARCIA PARRA, Petitioner, Vv. 9:26-cv-00363 (AMN) DAVID FAVRO, in his official capacity as Warden of the Clinton County Jail; JAMES BAUSCH, in his official capacity as Acting Deputy Field Office Director, Buffalo Field Office, U.S. Immigration & Customs Enforcement; PHILIP RHONEY, in his Official capacity as Acting Field Office Director, Buffalo. Field Office, US. Immigration & Customs Enforcement; TODD LYONS, in his official capacity as Acting Director, U.S. Immigration and Customs Enforcement; PAMELA BONDI , in her official capacity as U.S. Attorney General; KRISTI NOEM,! in her official capacity as Secretary of Homeland Security, Respondents. APPEARANCES: OF COUNSEL: BOROWSKI WITMER MATTHEW BOROWSKI, ESQ. IMMIGRATION LAWYERS 4343 Union Road Buffalo, New York 14225 Attorneys for Petitioner UNITED STATES ATTORNEY FOR THE DAVID M. KATZ, ESQ. NORTHERN DISTRICT OF NEW YORK Assistant United States Attorney 100 South Clinton Street Syracuse, New York 13261 Counsel for Federal Respondents Bausch, Rhoney, Lyons, Bondi, and Noem ' Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, a public “officer’s successor is automatically substituted as a party.” Fed. R. Civ. P. 25(d). AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO 1 Case 9:26-cv-00363-AMN Document9 Filed 03/25/26 Page 2of3 NO APPEARANCES: DAVID FAVRO State Respondent Hon. Anne M. Nardacci, United States District Judge: ORDER Petitioner Gloria Regina Garcia Parra (‘‘Petitioner’’) is a noncitizen who, as of next week, will have resided in the United States for seventeen years. Dkt. No. 3-1 at 44. According to documents submitted by the Federal Respondents, Petitioner has no criminal history. Dkt. No. 3- 2 at 6. Petitioner’s husband is an American citizen, as are their three minor children. Dkt. No. 1 at § 31; Dkt. No. 4 at 1, 5. In May 2016, Petitioner’s husband filed a Form I-130 Petition for Alien Relative “on her behalf, which is the first step in the process to gain lawful permanent status.” Chen v. Noem, No. 26-cv-1109, 2026 WL 380712, at *1 (S.D.N.Y. Feb. 11, 2026). United States Citizenship and Immigration Services (“USCIS”) approved this petition in December 2016. Dkt. No. 7-1 at 95. Petitioner subsequently filed additional applications with immigration authorities, including a Form I-485 Application to Register Permanent Residence or Adjust Legal Status. Jd. at § 7; see also Dkt. No. 5. In connection with one of these pending applications, Petitioner and her husband attended a scheduled appointment with USCIS in Albany on March 6, 2026. Dkt. No. 3-2 at 5; Dkt. No. 7-1 at § 4. United States Immigration and Customs Enforcement agents (“ICE”) arrested Petitioner at that time and transported her to the Clinton County Jail, where she has been detained since. Dkt. No. 3-1 at JJ 13, 15. After considering submissions from the parties, Dkt. Nos. 1, 3-5, 7-8, and arguments made during a hearing on March 17, 2026, the Court grants the Emergency Petition for Writ of Habeas Case 9:26-cv-00363-AMN Document9 Filed 03/25/26 Page3of3 Corpus, Dkt. No. 1 (‘Petition’), and orders the immediate release of Petitioner.* The Court will issue a written decision setting forth the reasons for this Order in more detail in due course. Accordingly, the Court hereby ORDERS that the Petition for a writ of habeas corpus, Dkt. No. 1, is GRANTED; and the Court further ORDERS that Respondents shall immediately release Petitioner from custody; and the Court further ORDERS that Respondents shall certify compliance with this Order by filing a status report by 3:00 p.m. on March 26, 2026; and the Court further ORDERS that, absent a change in relevant circumstances, Respondents may not detain Petitioner for any immigration-related reason absent further order of this Court. IT IS SO ORDERED. Dated: March 25, 2026 Que, Vian WARE Albany, New York Anne M. Nardacci U.S. District Judge * As clarified by Petitioner’s counsel during and after the hearing, Petitioner is not challenging her order of removal in this proceeding, see generally Ozturk v. Hyde, 136 F.4th 382 (2d Cir. 2025), and she has instead made submissions in an immigration court, Dkt. No. 8. See also Dkt. No. 3-1 at ¥ 14.
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