Western District of New York • 6:26-cv-06226

#1

Feb 19, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5.00 receipt number ANYWDC-5724416), filed by Orlando Salvador De La O Torres. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (Gottfried, David) Modified on 2/20/2026 (JHF). (Entered: 02/19/2026)

Feb 20, 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. (JHF)

Feb 20, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of on-line civil case opening. (JHF)

#2

Feb 22, 2026

MOTION for Temporary Restraining Order by Orlando Salvador De La O Torres. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Gottfried, David) (Entered: 02/22/2026)

Feb 23, 2026

E-Filing Notification: Please note that 2 MOTION for Temporary Restraining Order is signed by an attorney not admitted to practice in the WDNY. Until attorney Amit Dechmukh is admitted in the WDNY, all future documents must be signed by attorney David M. Gottfried, who is admitted in the WDNY. (JHF)

#3

Feb 24, 2026

ORDER TO SHOW CAUSE granting in part and denying in part 2 Motion for TRO. Signed by Hon. Meredith A. Vacca on 9/23/26. (JHF) (Entered: 02/24/2026)

Feb 24, 2026

Clerk emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

#4

Mar 05, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Judith Almodovar, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/05/2026)

#5

Mar 05, 2026

REPLY/RESPONSE to re 3 Order on Motion for TRO filed by Judith Almodovar, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/05/2026)

#6

Mar 10, 2026

REPLY/RESPONSE to re 5 Reply/Response filed by Orlando Salvador De La O Torres. (Gottfried, David) (Entered: 03/10/2026)

#7

Mar 11, 2026

Letter filed by Judith Almodovar, Kristi Noem, Philip Rhoney with Notice to Appear. (Khalil, Adam) (Entered: 03/11/2026)

#8

Mar 25, 2026

TEXT ORDER granting Petitioner's request for a bond hearing before an Immigration Judge [ECF No. 1]. His argument to the contrary notwithstanding, the Court finds no Constitutional violation in Petitioner bearing the burden of proof at the initial bond hearing to demonstrate to the satisfaction of the Immigration Judge that he is not a danger to the community or a flight risk.On February 19, 2026, Petitioner filed a Petition for a Writ of Habeas Corpus contending, inter alia, that he is being unlawfully detained under 8 U.S.C. § 1225(b), and that he is entitled to release or a bond hearing. ECF No. 1. Respondents filed a response on March 5, 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. 5. 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.In reply, Petitioner argues that the three-factor test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976) requires the Government to bear the burden at his initial bond hearing. ECF No. 6. The Court disagrees. After weighing the Mathews factors under the particular circumstances of this case, the Court holds that the Due Process Clause does not require the Government to bear the burden, particularly given Petitioner's relatively short period of confinement of approximately one month at the time he filed the petition. See Barry v. Freden, No. 25-CV-6803-MAV, 2026 WL 230012, at *4 (W.D.N.Y. Jan. 28, 2026) (finding no Due Process violation where the first Mathews factor weighed slightly in favor of petitioner due to a relatively short period of confinement at the time he filed the petition, the second factor was neutral, and the third factor weighed in favor of the respondents); Mahmodi v. Marich, No. 25-CV-6762-MAV, 2026 WL 113473, at *9 (W.D.N.Y. Jan. 15, 2026) (same). The Court accepts Respondents' position, as argued, that Da Cunha governs, and, for that reason, GRANTS the petition to the extent of a bond hearing. The Court hereby ORDERS that Respondents shall provide Petitioner with a bond hearing before an Immigration Judge within ten (10) days of the date of this Order. The Court directs that the initial bond hearing shall be provided "as established by existing federal regulations." Da Cunha, 2025 WL 3280575, at *7 (W.D.N.Y. Nov. 25, 2025) (quoting Jennings v. Rodriguez, 583 U.S. 281, 306 (2018) (citing 8 C.F.R. §§ 236.1(d)(1), 1236.1(d)(1)). If such bond hearing is not conducted within ten (10) days of the date of this order, Petitioner shall be released from custody. Respondents shall file a status report no later than seventeen (17) days from the date of this order confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody, in compliance with this Order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 3/25/2026. (MVP) (Entered: 03/25/2026)

#9

Apr 02, 2026

Letter filed by Judith Almodovar, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/02/2026)

#10

Apr 02, 2026

TEXT ORDER: On April 2, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 9 . The Court views the issues raised by petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before April 9, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/2/2026. (KSP) (Entered: 04/02/2026)

#11

Apr 07, 2026

Letter filed by Judith Almodovar, Kristi Noem, Philip Rhoney re lifting of stay of removal. (Khalil, Adam) (Entered: 04/07/2026)

#12

Apr 10, 2026

TEXT ORDER. Respondents have advised that Petitioner requested and was granted an order of voluntary departure. ECF No. 11. Because DHS will be facilitating the departure, Respondents are requesting for the Court to lift the stay of removal set forth in its Order to Show Cause. To facilitate Petitioner's voluntary departure, the Court hereby lifts the stay of removal. Respondents shall notify the Court when Petitioner's departure is complete. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/10/2026. (MVP) (Entered: 04/10/2026)

#13

May 04, 2026

Letter filed by Judith Almodovar, Kristi Noem, Philip Rhoney re Petitioner's departure from the U.S. (Khalil, Adam) (Entered: 05/04/2026)

#14

May 08, 2026

TEXT ORDER: On May 4, 2026, Respondents informed the Court that Petitioner voluntarily departed the United States. Dkt. No. 13 . The Court views the issues raised by petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before May 15, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/8/2026. (KSP) (Entered: 05/08/2026)

#15

Jun 01, 2026

TEXT ORDER: On May 8, 2026, the Court directed that any remaining objections be filed by the parties. Having received no objections, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of the Court to close the case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/1/2026. (KSP)Clerk to Follow up (Entered: 06/01/2026)

#16

Jun 01, 2026

JUDGMENT in favor of Orlando Salvador De La O Torres against Judith Almodovar, Kristi Noem, Philip Rhoney. Signed by Clerk on 6/1/26. (JHF) (Entered: 06/01/2026)