Western District of New York • 1:26-cv-00414

#1

Mar 06, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5742761.), filed by Henry Jose Hernandez Chaparro. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A - Parole Documents for Family, # 3 Exhibit Exhibit B- I-589 Documents, # 4 Exhibit Exhibit C- TPS Approval Notices, # 5 Exhibit Exhibit D - Employment Authorization Document)(McLean, Siana) (Entered: 03/06/2026)

Mar 09, 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)

Mar 09, 2026

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

#2

Mar 11, 2026

ORDER TO SHOW CAUSE. Show Cause Response due by 3/26/2026. Signed by Hon. Meredith A. Vacca on 3/11/2026. Clerk served a copy of the Petition, 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. (DDS) (Entered: 03/12/2026)

Mar 12, 2026

Remark: Clerk emailed a copy of the petition 1 to usanyw-immigration-habeas@usdoj.gov. (DDS)

#3

Mar 19, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pam Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 03/19/2026)

#4

Mar 19, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 03/19/2026)

#5

Mar 23, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, 4 Reply/Response Letter Reply filed by Henry Jose Hernandez Chaparro. (McLean, Siana) (Entered: 03/23/2026)

#6

Mar 25, 2026

TEXT ORDER granting Petitioner's request for a bond hearing [ECF No. 1].On March 6, 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 19, 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.The Court 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, No. 25-CV-6532-MAV, 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)

#7

Apr 02, 2026

Letter filed by James Bausch, Pam Bondi, Todd Lyons, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 04/02/2026)

#8

Apr 02, 2026

TEXT ORDER: On April 2, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 7 . 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)

#9

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)