Western District of New York • 6:26-cv-06333

#1

Mar 21, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5760821.), filed by Klinton Lizandro Gomez Perez. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 03/21/2026)

Mar 23, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil opening. (TF)

Mar 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. (TF)

#2

Mar 26, 2026

ORDER TO SHOW CAUSE that Respondents show cause within 14 days of the date of this Orderwhy the Petitioners requested relief pursuant to 28 U.S.C. § 2241 should not be granted; that Petitioner shall have seven (7) days after service ofRespondents return to file a written response. Signed by Hon. Meredith A. Vacca on 3/26/2026. (Attachments: # 1 Petition)(TF) (Entered: 03/26/2026)

#3

Apr 04, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 04/04/2026)

#4

Apr 04, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 04/04/2026)

#5

Apr 13, 2026

Letter filed by Klinton Lizandro Gomez Perez regarding no intent to file further reply. (Borowski, Matthew) (Entered: 04/13/2026)

#6

Apr 15, 2026

TEXT ORDER granting Petitioner's request for a bond hearing [ECF No. 1].On March 21, 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 unless Respondents provide him with a bond hearing. ECF No. 1. Respondents filed a response on April 4, 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, 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 4/15/2026. (MVP) (Entered: 04/15/2026)

#7

May 01, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/01/2026)

#8

May 01, 2026

TEXT ORDER: On May 1, 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 May 8, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/1/2026. (KSP) (Entered: 05/01/2026)

#9

May 12, 2026

TEXT ORDER: On May 1, 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 5/12/2026. (KSP)Clerk to Follow up (Entered: 05/12/2026)

#10

May 13, 2026

JUDGMENT dismissing petition. Signed by Clerk of Court on 5/13/2026. (TF) (Entered: 05/13/2026)