Western District of New York • 1:26-cv-00680

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5781161.), filed by Eliasar Gomesindo Daza Lopez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Determination on VAWA Petition, # 3 Exhibit B - Receipt for Application for Adjustment of Status)(Langer, Jonathan) (Entered: 04/07/2026)

Apr 07, 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. (ARS)

Apr 07, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (ARS)

#2

Apr 08, 2026

Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by 4/22/2026. Petitioner's response is due by 4/29/2026. In their briefs, the parties shall address why Rivera Castillo v. Rhoney, No. 25-CV-1065 (JLS), 2026 WL 775995 (W.D.N.Y. Mar. 19, 2026), does or does not control. The Clerk of Court shall serve a copy of the petition (Dkt. 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. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/8/2026. (KLH) (Entered: 04/08/2026)

#3

Apr 08, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 04/08/2026)

#4

Apr 21, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Todd Blanche, Markwayne Mullin, Philip Rhoney (Khalil, Adam) (Entered: 04/21/2026)

#5

Apr 21, 2026

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Bausch, Todd Blanche, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 04/21/2026)

#6

Apr 25, 2026

MOTION for Extension of Time to File Response/Reply as to 5 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Eliasar Gomesindo Daza Lopez.(Langer, Jonathan) (Entered: 04/25/2026)

#7

Apr 27, 2026

TEXT ORDER granting Petitioner's unopposed 6 Motion for Extension of Time to File Reply. Petitioner's reply is due by 5/27/2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 4/27/2026. (KEF) (Entered: 04/27/2026)

#8

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., on 4/30/2026. (KEF) (Entered: 04/30/2026)

#9

May 01, 2026

Letter filed by James Bausch, Todd Blanche, Markwayne Mullin, Philip Rhoney acknowledging that Da Cunha requires a bond hearing in this case. (Khalil, Adam) (Entered: 05/01/2026)

#10

May 06, 2026

SUMMARY ORDER: the petition 1 is granted. Per da Cunha, Petitioner is detained under 8 U.S.C. § 1226(a) and, therefore, is entitled to a bond hearing under the relevant regulations. Respondents' motion to dismiss 5 is denied. Respondents are ordered to provide Petitioner with a bond hearing promptly and, in any case, no later than May 19, 2026. Signed by Hon. John L. Sinatra, Jr. on 5/5/2026. (TME) (Entered: 05/06/2026)

#11

May 06, 2026

JUDGMENT in favor of Eliasar Gomesindo Daza Lopez against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court on 5/6/2026. (TME) (Entered: 05/06/2026)

#12

May 18, 2026

Letter filed by James Bausch, Todd Blanche, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 05/18/2026)