Western District of New York • 1:26-cv-00326

#1

Feb 23, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5727271.), filed by Norbin de Jesus Vasquez Salguero. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - Immigration Docs)(Borowski, Matthew) (Entered: 02/23/2026)

#2

Feb 23, 2026

Emergency MOTION for Temporary Restraining Order by Norbin de Jesus Vasquez Salguero.(Borowski, Matthew) (Entered: 02/23/2026)

Feb 23, 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. (TMK)

Feb 23, 2026

Case Assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (TMK)

#3

Feb 26, 2026

ORDER denying 2 Motion for Temporary Restraining Order ORDERED that Respondents 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; ORDERED that Petitioner shall have seven (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." ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. The Clerk served 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. Signed by Hon. Meredith A. Vacca on 2/25/2026. (DDS) (Entered: 02/26/2026)

#4

Mar 05, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, 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 James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/05/2026)

#6

Mar 11, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney with additional ICE documents. (Khalil, Adam) (Entered: 03/11/2026)

#7

Mar 11, 2026

REPLY/RESPONSE to re 5 Reply/Response to OSC filed by Norbin de Jesus Vasquez Salguero. (Borowski, Matthew) (Entered: 03/11/2026)

#8

Mar 25, 2026

TEXT ORDER finding that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a).On February 23, 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. 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 asserts that the particular facts of his case warrant immediate release as opposed to a bond hearing before an immigration judge. The Court disagrees and accepts Respondents' position, as argued, that De Cunha governs. For that reason, the Court GRANTS the petition to the extent of a bond hearing and 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 (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 James Bausch, Pamela Bondi, Todd Lyons, 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 13, 2026

TEXT ORDER: On April 2, 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 4/13/2026. (KSP)Clerk to Follow up (Entered: 04/13/2026)