Western District of New York • 6:26-cv-06446

#1

Apr 17, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5795683.), filed by Klever David Lliulema Ortega. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 04/17/2026)

Apr 20, 2026

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

Apr 20, 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 22, 2026

ORDER that, by June 8, 2026, Respondents shall file and serve an answer responding to the allegations in the petition as well as a memorandum of law. Instead of an answer by June 8,2026, Respondents may file a motion to dismiss the petition. Petitioner's response to Respondents answer or motion is due by July 3, 2026. The Clerk of Court shall serve a copy of the petition, 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 USANYWImmigration-Habeas@usdoj.gov. Signed by Hon. John L. Sinatra, Jr. on 4/22/2026. (DMK) Modified on 4/28/2026 (JHF). (Entered: 04/23/2026)

Apr 23, 2026

Clerk emailed a copy of 1 Petition and 2 Order to USANYWImmigration-Habeas@usdoj.gov. (DMK)

#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 Da Cunha not applying to facts of this case. (Khalil, Adam) (Entered: 05/05/2026)

#6

May 07, 2026

Letter filed by Klever David Lliulema Ortega regarding Da Cunha binding precedent requiring granting of the Petition. (Borowski, Matthew) (Entered: 05/07/2026)

#7

Jun 04, 2026

REPLY/RESPONSE to re 2 Order,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/04/2026)

#8

Jul 13, 2026

TEXT ORDER. Respondents concede 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. 7 at 2. As a result, the immigration court has jurisdiction over a bond hearing, pursuant to Da Cunha. 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 27, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/13/2026. Clerk to Follow up (Entered: 07/13/2026)

#9

Jul 14, 2026

JUDGMENT in favor of Klever David Lliulema Ortega against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Clerk on 7/14/26. (JHF) (Entered: 07/14/2026)