Western District of New York • 1:26-cv-00605

#1

Mar 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5769040.), filed by Angel David Sanchez.(Stillman, Lina) (Entered: 03/27/2026)

#2

Mar 27, 2026

MOTION for Temporary Restraining Order by Angel David Sanchez.(Stillman, Lina) (Entered: 03/27/2026)

#3

Mar 27, 2026

MOTION for Temporary Restraining Order PROPOSED ORDER by Angel David Sanchez.(Stillman, Lina) (Entered: 03/27/2026)

Mar 27, 2026

E-Filing Notification regarding 1 PETITION for Writ of Habeas Corpus : Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (MMG)

Mar 27, 2026

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

Mar 27, 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)

#4

Mar 28, 2026

CONTINUATION OF EXHIBITS by Angel David Sanchez Alvarez. to 1 Petition for Writ of Habeas Corpus, E-Filing Notification, CIVIL COVER SHEET filed by Angel David Sanchez Alvarez. (Stillman, Lina) (Entered: 03/28/2026)

#5

Apr 01, 2026

AFFIDAVIT of Service for PETITION FOR WRIT OF HABEAS CORPUS served on JAMES BAUSCH, Director, Buffalo Federal Detention Facility; TAMMY MARICH, Acting Field Office Director, ICE ERO, Buffalo Field Office; TODD LYONS, Acting Director, U.S. Immigration and Customs Enforcement; KRISTI NOEM, Secretary, U.S. Department of Homeland Security; PAMELA BONDI, United States Attorney General on 3/29/2026, filed by Angel David Sanchez Alvarez. (Stillman, Lina) (Entered: 04/01/2026)

#6

Apr 02, 2026

ORDER granting in part and denying in part 2, 3 . The motion is GRANTED to the extent that Respondents are enjoined from transferring Petitioner from the United States and are directed to SHOW CAUSE within 14 days why the Petition (ECF No. 1) should not be granted. The motion is otherwise DENIED. The Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and a copy of this Order, electronically via a Notice of Electronic Filing to the UnitedStates Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/2/2026. (MVP)Clerk to Follow up (JLH). (Entered: 04/02/2026)

Apr 02, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov (JLH)

#7

Apr 13, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 04/13/2026)

#8

Apr 13, 2026

REPLY/RESPONSE to re 6 Order on Motion for TRO,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 04/13/2026)

#9

Apr 13, 2026

Letter filed by Angel David Sanchez Alvarez . (Stillman, Lina) (Entered: 04/13/2026)

#10

Apr 15, 2026

TEXT ORDER granting Petitioner's request for a bond hearing before an Immigration Judge [ECF No. 1]. The Court finds no Constitutional violation in Petitioner bearing the burden of proof at the initial bond hearing to demonstrate to the satisfaction of the Immigration Judge that he is not a danger to the community or a flight risk.On March 27, 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 13, 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. 8. 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.In the Petition, Petitioner argues that the Government must bear the burden at his initial bond hearing. The Court disagrees. After weighing the factors set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), the Court holds that the Due Process Clause does not require the Government to bear the burden under the particular circumstances of this case. See Barry v. Freden, No. 25-CV-6803-MAV, 2026 WL 230012, at *4 (W.D.N.Y. Jan. 28, 2026) (finding no Due Process violation where the first Mathews factor weighed slightly in favor of petitioner due to a relatively short period of confinement at the time he filed the petition, the second factor was neutral, and the third factor weighed in favor of the respondents); Mahmodi v. Marich, No. 25-CV-6762-MAV, 2026 WL 113473, at *9 (W.D.N.Y. Jan. 15, 2026) (same). The Court accepts Respondents' position, as argued, that Da Cunha governs, and, for that reason, GRANTS the petition to the extent of a bond hearing. The Court 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 v. Freden, 2025 WL 3280575, at *7 (W.D.N.Y. Nov. 25, 2025) (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)