Western District of New York • 1:26-cv-00353

#1

Feb 26, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5732446.), filed by Edy Benjamin Salguero Castro. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - I-213, # 3 Exhibit A - I-213 of Gilmer, # 4 Exhibit C - IJ Order, # 5 Exhibit D - Notice to Appear)(Borowski, Matthew) (Entered: 02/26/2026)

Feb 27, 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. (JLH)

Feb 27, 2026

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

#2

Mar 02, 2026

TEXT ORDER TO SHOW CAUSE. Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 26, 2026, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). Among other things, Petitioner seeks a writ of habeas corpus requiring that Respondents release him immediately, or provide him with a bond hearing. ECF No. 1.28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Further, in light of the Court's prior orders on this issue, including its decision granting relief in Da Cunha v. Freden et al., 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), Respondents are hereby:ORDERED to 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; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and a copy of this text 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; and it is furtherORDERED that Petitioner shall have 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." Accordingly, to facilitate the expeditious resolution of this matter, it is furtherORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 03/02/2026. (JCL)Clerk to Follow up (Entered: 03/02/2026)

#3

Mar 03, 2026

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

#4

Mar 03, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney transfer of matter to Judge Sinatra. (Attachments: # 1 Petition from 26-cv-00058)(Khalil, Adam) (Entered: 03/03/2026)

#5

Mar 03, 2026

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

#6

Mar 03, 2026

Letter filed by Edy Benjamin Salguero Castro regarding Respondents' request to reassign the matter to a different judge. (Borowski, Matthew) (Entered: 03/03/2026)

Mar 03, 2026

E-Filing Notification: Document filed in wrong case. Disregard docket entry. 3 NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (JLH)

Mar 03, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov (JLH)

#7

Mar 09, 2026

TEXT ORDER REASSIGNING THE CASE: It is hereby ORDERED that this matter be reassigned to Hon. John L. Sinatra, Jr. See Loc. R. Civ. P. 5.1(c) ("The Court may transfer cases within the District, sua sponte."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 03/09/2026. (JCL) (Entered: 03/09/2026)

#8

Mar 12, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 03/12/2026)

#9

Mar 13, 2026

TEXT ORDER re: 8 Motion to Dismiss. The schedule at Dkt. 2 is amended such that Petitioner's opposition to the 8 Motion to Dismiss is due 3/27/26. Any reply is due 4/3/26. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM) (Entered: 03/13/2026)

#10

Mar 19, 2026

RESPONSE in Opposition re 8 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Edy Benjamin Salguero Castro. (Borowski, Matthew) (Entered: 03/19/2026)

#11

Apr 30, 2026

TEXT ORDER. In light of the Second Circuit's decision in Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), the parties shall file a status report by May 7, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM) (Entered: 04/30/2026)

#12

May 01, 2026

Letter filed by Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/01/2026)

#13

May 06, 2026

Letter filed by Edy Benjamin Salguero Castro regarding Da Cunha binding precedent requiring granting of the Petition. (Borowski, Matthew) (Entered: 05/06/2026)

#14

May 07, 2026

TEXT ORDER. Respondents may file a response to Petitioners 13 Letter by May 14, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (TDM) (Entered: 05/07/2026)

#15

May 20, 2026

DECISION AND ORDER granting 8 Motion to Dismiss. Signed by Hon. John L. Sinatra, Jr. on 5/20/2026. (CGJ) (Entered: 05/20/2026)

#16

May 20, 2026

JUDGMENT in favor of Markwayne Mullin, Philip Rhoney, Tammy Marich, Todd Blanche, Todd Lyons against Edy Benjamin Salguero Castro. Signed by Andrew W. Moeller, Clerk of Court on 5/20/2026. (CGJ) (Entered: 05/20/2026)