Western District of New York • 1:26-cv-00706

#1

Apr 10, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5785614.), filed by Benancio Jacinto Becerra. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 04/10/2026)

Apr 13, 2026

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

Apr 13, 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. (MMG)

#2

Apr 15, 2026

ORDERED Respondent's answer and memorandum of law due by June 2, 2026. Petitioner's reply due by June 30, 2026. Respondent may move for a more definite statement or to dismiss the petition by June 2, 2026. The Clerk's Office shall serve a copy of the petition and this order upon the U.S. Attorney. Signed by Hon. John L. Sinatra, Jr. on 4/15/2026. (TMK) (Entered: 04/16/2026)

Apr 16, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 2 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TMK)

#3

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. (MFE). (Entered: 04/30/2026)

#4

May 05, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/05/2026)

#5

May 05, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/05/2026)

#6

May 07, 2026

Letter filed by Benancio Jacinto Becerra regarding Da Cunha binding precedent requiring granting of the Petition. (Borowski, Matthew) (Entered: 05/07/2026)

#7

Jun 02, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/02/2026)

#8

Jun 02, 2026

REPLY/RESPONSE to re 2 Order, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/02/2026)

#9

Jun 17, 2026

Letter filed by Benancio Jacinto Becerra requesting expedited decision. (Borowski, Matthew) (Entered: 06/17/2026)

#10

Jun 18, 2026

TEXT ORDER. The Government has conceded that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. See Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Dkt. 8 at 2. Because Petitioner's detention has not become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than July 2, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/18/2026. (MFE). Clerk to Follow up (Entered: 06/18/2026)

#11

Jun 22, 2026

JUDGMENT in favor of Benancio Jacinto Becerra against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 6/22/2026. (TME) (Entered: 06/22/2026)