Western District of New York • 1:26-cv-00024

#1

Jan 06, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5674124.), filed by Geordan Sanchez Rodriguez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 01/06/2026)

#2

Jan 07, 2026

SCHEDULING ORDER that on or before January 21, 2026, Respondents shall file and serve an answer responding to the allegations in the petition; and it is further ORDERED that on or before January 21, 2026, instead of the answer, Respondents may file a motion to dismiss the petition, accompanied by appropriate exhibits, demonstrating that an answer to the petition is unnecessary; and it is further ORDERED that Petitioner shall file a written response on or before January 26, 2026 The Clerk of Court shall serve a copy of the petition and 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. Signed by Hon. Meredith A. Vacca on 1/7/2026. (DDS) (Entered: 01/07/2026)

Jan 07, 2026

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. (DDS)

Jan 07, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil case opening. (DDS)

Jan 07, 2026

Remark: Clerk served a copy of the petition and Scheduling Order 2 electronically via NEF to the United States Attorney's Office, Western District of New York. Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. Modified on 1/13/2026 to correct docket text (DDS).

#3

Jan 09, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 01/09/2026)

Jan 13, 2026

E-Filing Notification: Modified to correct docket text. Remark: Clerk served a copy of the petition and Scheduling Order 2 electronically via NEF to the United States Attorney's Office, Western District of New York. Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. (DDS).

#4

Jan 14, 2026

REPLY/RESPONSE to re 2 Order,,, filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 01/14/2026)

#5

Jan 27, 2026

Letter filed by Geordan Sanchez Rodriguez . (Borowski, Matthew) (Entered: 01/27/2026)

#6

Feb 02, 2026

TEXT ORDER. On January 6, 2026, Petitioner filed a petition for writ of habeas corpus, arguing, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) as he has not been afforded an individualized bond hearing by an Immigration Judge. ECF No. 1. The Court ordered that Respondents file a response within 14 days. ECF No. 2. Respondents filed a response on January 14, 2026, conceding that this case shared a common question of law with the Court's decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), and that the Court's resolution of the question in Da Cunha controlled the results in the instant case should the Court adhere to its prior reasoning. ECF No. 4. In Da Cunha, the Court considered whether a petitioner who had been present in the country for a period of years and was not actively seeking lawful entry through inspection by an immigration officer was detained under 8 U.S.C. § 1225(b)(2)(A) or 8 U.S.C. § 1226(a). The Court found that the petitioner was detained under 8 U.S.C. § 1226(a) and was therefore entitled to an initial bond hearing under existing federal regulations. Da Cunha, 2025 WL 3280575, at *7. As noted, Respondents concede that the facts of this case squarely implicate a legal issue that this Court has ruled on previously. Petitioner also filed a letter on January 27, 2026, asking the Court to "grant the Petition under the same reasoning as Da Cunha and order a bond hearing be held. ECF No. 5. The Court finds that its reasoning in Da Cunha applies to the instant matter, and that the statutory basis for Petitioner's detention is 8 U.S.C. § 1226(a). Accordingly, Petitioner's petition for a writ of habeas corpus is GRANTED to the extent that Respondents are hereby ORDERED to provide Petitioner with an initial bond hearing before an Immigration Judge within ten (10) days of the date of this Order.Petitioner asks the Court to order that at the bond hearing, the government bear the burden to demonstrate by clear and convincing evidence that Petitioner is a danger to the community or a flight risk, and the Immigration Judge be required to consider non-bond alternatives to detention and Petitioner's ability to pay. However, Petitioner provides no argument and cites no facts or legal authority supporting these requests at the initial hearing stage. See, e.g., O'Brien v. City of Syracuse, No. 5:22-CV-948 (MAD/TWD), 2025 WL 1519411, at *27 (N.D.N.Y. May 27, 2025) (quoting Sioson v. Knights of Columbus, 303 F.3d 458, 460 (2d Cir. 2002)) ("It is 'simply not [the Court's] job, at least in a counseled case[,]' to develop arguments on [Petitioner]'s behalf."). Accordingly, the Court declines to rule on this issue, which would require a case specific analysis under the factors identified in Mathews v. Eldridge, 424 U.S. 319 (1976). See Mahmodi et al v Marich et al, No. 25-CV-6762-MAV, 2026 WL 113473, at *4-9 (W.D.N.Y. Jan. 15, 2026). Instead, the Court directs that the initial bond hearing shall be provided "as established by existing federal regulations." Da Cunha, 2025 WL 3280575, at *7 (quoting Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)).It is further ORDERED that if such bond hearing is not conducted within ten (10) days of the date of this Order, Petitioner shall be released from custody; and it is furtherORDERED that Respondents shall file a status report no later than February 16, 2026, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody in compliance with this Order; and it is furtherORDERED that because the instant Order resolves this matter, the Court finds that an evidentiary hearing is not warranted, and the restriction on Petitioner's transfer outside of the United States is hereby lifted.The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case.SO ORDERED. Signed by Hon. Meredith A. Vacca on 2/2/26. (NWA)Clerk to Follow up (Entered: 02/02/2026)