Western District of New York • 1:26-cv-00723

#1

Apr 13, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5787773.), filed by ADALBERTO BENSCOME-ESTRELLA. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 04/13/2026)

Apr 14, 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)

Apr 14, 2026

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

#2

Apr 15, 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 4/15/2026. (MVP)Clerk to Follow up (Entered: 04/15/2026)

Apr 15, 2026

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

#3

Apr 28, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney (Khalil, Adam) (Entered: 04/28/2026)

#4

Apr 28, 2026

REPLY/RESPONSE to re 2 Order, filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 04/28/2026)

#5

May 07, 2026

TEXT ORDER granting Petitioner's request for a bond hearing. ECF No. 1 . Petitioner has filed a Petition for a Writ of Habeas Corpus contending, inter alia, that he is being unlawfully detained and is entitled to immediate release or a bond hearing. Respondents filed a response conceding that this case shared a common question of law with the Court's decision in De La Cruz v. Rhoney, No. 25-CV-6699-MAV, 2026 WL 891658 (W.D.N.Y. April 1, 2026), and that the Court's resolution of the question in De La Cruz controlled the results in the instant case should the Court adhere to its prior reasoning. In De La Cruz, the Court considered whether a petitioner who had been present in the country for a period of years following expiration of his parole was detained under 8 U.S.C. § 1225(b)(1) 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. De La Cruz, 2026 WL 891658, at *10.The Court accepts Respondents' position, as argued, that De La Cruz 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." De La Cruz, 2026 WL 891658, at *10 (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 5/7/2026. (KSP) (Entered: 05/07/2026)