Western District of New York • 6:25-cv-06532

#1

Sep 26, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11264825 Fee status: Filing Fee paid., filed by Barbosa Da Cunha. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Fried, Syrie) [Transferred from mad on 10/2/2025.] (Entered: 09/26/2025)

#2

Sep 26, 2025

District Judge Leo T. Sorokin: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) [Transferred from mad on 10/2/2025.] (Entered: 09/26/2025)

#3

Sep 29, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (CM) [Transferred from mad on 10/2/2025.] (Entered: 09/29/2025)

#4

Sep 29, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CAM) [Transferred from mad on 10/2/2025.] (Entered: 09/29/2025)

#5

Sep 29, 2025

Judge Indira Talwani: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (CAM) (Additional attachment(s) added on 9/29/2025: # 1 Appendix) (CAM). [Transferred from mad on 10/2/2025.] (Entered: 09/29/2025)

#6

Sep 29, 2025

Copies of 1 Petition for Writ of Habeas Corpus (2241), 4 General Order 19-02 and 5 Service Order - 2241 Petition sent to matthew.lyons@usdoj.gov, USAMA.CivilProcess@usdoj.gov, and leah.foley@usdoj.gov. on 9/29/2025. (CAM) [Transferred from mad on 10/2/2025.] (Entered: 09/29/2025)

#7

Sep 30, 2025

NOTICE of Appearance by Julio Cortes del Olmo on behalf of Ricardo Aparecido Barbosa Da Cunha (Cortes del Olmo, Julio) [Transferred from mad on 10/2/2025.] (Entered: 09/30/2025)

#8

Sep 30, 2025

AMENDED Petition for Writ of Habeas Corpus (2241) . (Cortes del Olmo, Julio) Modified text on 9/30/2025 (SEC). [Transferred from mad on 10/2/2025.] (Entered: 09/30/2025)

#9

Sep 30, 2025

NOTICE of Appearance by Rayford A. Farquhar on behalf of Patricia Hyde, Michael Krol, Todd M Lyons, Antone D. Moniz, Kristi Noem (Farquhar, Rayford) [Transferred from mad on 10/2/2025.] (Entered: 09/30/2025)

#10

Oct 01, 2025

Assented to MOTION to Transfer Case to Western District of New York. by Patricia Hyde, Michael Krol, Todd M Lyons, Antone D. Moniz.(Farquhar, Rayford) [Transferred from mad on 10/2/2025.] (Entered: 10/01/2025)

#11

Oct 02, 2025

Judge Indira Talwani: ELECTRONIC ORDER granting Assented to Motion to Transfer Habeas Petition to the United States District Court for the Western District of New York 10 . (SEC) [Transferred from mad on 10/2/2025.] (Entered: 10/02/2025)

#12

Oct 02, 2025

Case transferred to Western District of New York. Original file certified copy of transfer order and docket sheet sent to Clerk in that district. (SEC) [Transferred from mad on 10/2/2025.] (Entered: 10/02/2025)

#13

Oct 02, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-12797. (Entered: 10/02/2025)

Oct 02, 2025

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. (CGJ)

Oct 02, 2025

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of electronic case transfer. (CGJ)

#24

Oct 20, 2025

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Show Cause Hearing held virtually via Teams on 10/20/2025. Appearances: Paul J. O'Dwyer, Esq., on behalf of Plaintiff; Adam A. Khalil, AUSA, on behalf of Defendants. The Court hears oral arguments from both parties. The Court reserves decision and will issue a written decision at a future date. (Court Reporter Joony Odenbach.) (KSP) (Entered: 10/20/2025)

#25

Oct 20, 2025

TEXT ORDER denying 21 Respondent's Motion to Dismiss for Failure to State a Claim and granting Petitioner's request for a bond hearing before an Immigration Judge.On October 3, 2025, Petitioner filed his First Amended Petition for Writ of Habeas Corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. 1226(a) because he "has not been, and will not be, provided with a bond hearing by Respondents as required by law." ECF No. 15 (citing 8 C.F.R. 236.1(a) and 1003.19(a)-(f)). The Court held a status conference on October 8 at which the parties agreed that the matter involved only legal issues and did not require Petitioner's physical presence. ECF No. 19. Thereafter, Respondents moved to dismiss the First Amended Petition, arguing that Petitioner is lawfully detained under 8 U.S.C. 1225(b)(2)(A), and therefore not entitled to a bond hearing. ECF No. 21. The Court heard oral argument from counsel for both parties on October 20, 2025. ECF No. 24. After considering the parties' papers and the arguments of counsel, the Court concludes that Petitioner is being detained under 8 U.S.C. 1226(a). Furthermore, because all three of the factors set forth in Mathews v. Eldridge, 424 U.S. 319 (1976) weigh in Petitioner's favor, the Court finds that the denial of a bond hearing violates his procedural due process rights. Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. 1226(a) (stating that non-citizens detained under 8 U.S.C. 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. 1236.1(d)(1); 8 C.F.R. 1003.19(a) ("Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236."). For the reasons stated above and in a forthcoming written decision that will fully discuss the Court's rationale, Respondents' Motion to Dismiss 21 is denied and the First Amended Petition for a Writ of Habeas Corpus 15 is granted to the extent that Respondents shall conduct a constitutionally adequate bond hearing within ten (10) days of the date of this order, where the Government bears the burden of proving by clear and convincing evidence that Petitioner's continued detention is justified based on his dangerousness to the community or risk of flight. Velasco Lopez v. Decker, 978 F.3d 842, 855-57 (2d Cir. 2020). 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 November 7, 2025 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 10/20/2025. (JCL) (Entered: 10/20/2025)