Western District of New York • 1:26-cv-00564

#1

Mar 24, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5764365.), filed by Julio Andrade Chaian. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - Bond Order)(Borowski, Matthew) (Entered: 03/24/2026)

Mar 25, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (LB)

Mar 25, 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. (LB)

#2

Apr 06, 2026

ORDER TO SHOW CAUSE. The Clerk of Court shall serve 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. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/6/2026. (MVP)Clerk to Follow up (Entered: 04/06/2026)

Apr 06, 2026

Clerk emailed 1 Petition and 2 Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

#3

Apr 14, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 04/14/2026)

#4

Apr 14, 2026

REPLY/RESPONSE to re 2 Order, filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 04/14/2026)

#5

Apr 24, 2026

TEXT ORDER granting Petitioner's request for a bond hearing [ECF No. 1].On March 24, 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 or a bond hearing. ECF No. 1. Respondents filed a response on April 14, 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 4/24/2026. (MVP) (Entered: 04/24/2026)

#6

May 11, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Kristi Noem, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/11/2026)

#7

May 12, 2026

TEXT ORDER: On May 11, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 6 . 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 19, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/12/2026. (KSP) (Entered: 05/12/2026)

#8

May 20, 2026

TEXT ORDER: On May 12, 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 5/20/2026. (KSP)Clerk to Follow up (Entered: 05/20/2026)

#9

Jul 02, 2026

JUDGMENT in favor of Julio Andrade Chaian against James Bausch, Kristi Noem, Pamela Bondi, Philip Rhoney, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 7/2/2026. (DDS) (Entered: 07/02/2026)