Western District of New York • 1:26-cv-00803

#1

Apr 22, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5800044.), filed by Dolores Bustamante Romero. (Attachments: # 1 Civil Cover Sheet)(Trivedi, Rhidaya) (Entered: 04/22/2026)

#2

Apr 22, 2026

MOTION for Temporary Restraining Order by Dolores Bustamante Romero. (Attachments: # 1 Memorandum in Support)(Trivedi, Rhidaya) (Entered: 04/22/2026)

#3

Apr 22, 2026

NOTICE of Appearance by Sarah Telo Gillman on behalf of Dolores Bustamante Romero (Gillman, Sarah) (Entered: 04/22/2026)

#4

Apr 22, 2026

TEXT ORDER. On April 22, 2026, Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241, while being held as a civil immigration detainee at the Buffalo ICE Field Office. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 44347 (2004). In addition to seeking a writ of habeas corpus, Petitioner filed a motion for a temporary restraining order ("TRO") seeking to enjoin Respondents from transferring her outside of the Western District of New York. ECF No. 2. While the Court reviews the petition and the TRO, it ORDERS the following: Respondents shall refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/22/2026. (MVP)A copy of this order was emailed to: Respondents. (Entered: 04/22/2026)

Apr 22, 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 22, 2026

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

#5

Apr 23, 2026

ORDER TO SHOW CAUSE that Respondents shall file a response to the motion for a TRO by Monday, April 27, 2026, at 5:00 p.m., and Petitioner's reply, if any, is due by Tuesday, April 28, 2026, at 5:00 p.m. Counsel for the parties shall appear for a virtual status conference on Thursday, April 30, 2026, at 3:00 p.m. Respondents shall show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted. Petitioner may file a reply to Respondents' return within 7 days of the date of this order. Respondents are refrained from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 4/23/2026. (CGJ) (Entered: 04/23/2026)

Apr 23, 2026

Clerk emailed 1 Petition, 2 Motion and 5 Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

#6

Apr 24, 2026

Letter filed by Dolores Bustamante Romero Letter Requesting ICE to File Petitioner's Location on the Court's Docket and Ordering ICE to Facilitate a Legal Call with Counsel on April 24, 2026. (Attachments: # 1 Exhibit, # 2 Exhibit)(Gillman, Sarah) (Entered: 04/24/2026)

#7

Apr 24, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin (Khalil, Adam) (Entered: 04/24/2026)

#8

Apr 24, 2026

Letter filed by Dolores Bustamante Romero Update to ECF No. 6-Petitioner's Counsel Receive an Notification of Petitioner's Location at 9:04am. (Gillman, Sarah) (Entered: 04/24/2026)

#9

Apr 24, 2026

NOTICE of Appearance by Sarah Emma Decker on behalf of Dolores Bustamante Romero (Decker, Sarah) (Entered: 04/24/2026)

#10

Apr 24, 2026

TEXT ORDER re 6, 8 letters filed by Petitioner's counsel requesting, among other things, an order directing Respondents to facilitate a phone call between them and their client. The Court scheduled a conference for later today to address the concerns raised in Petitioner's letters. However, prior to the conference, Petitioner's counsel advised that the issues raised therein were resolved. Accordingly, the conference is cancelled. Signed by Hon. Meredith A. Vacca on 4/24/2026. (MVP) (Entered: 04/24/2026)

#11

Apr 27, 2026

MEMORANDUM in Opposition re 2 MOTION for Temporary Restraining Order filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin. (Khalil, Adam) (Entered: 04/27/2026)

#12

Apr 28, 2026

REPLY/RESPONSE to re 11 Memorandum in Opposition to Motion filed by Dolores Bustamante Romero. (Gillman, Sarah) (Entered: 04/28/2026)

#13

Apr 29, 2026

Letter filed by Dolores Bustamante Romero Proposed Joint Briefing Schedule. (Gillman, Sarah) (Entered: 04/29/2026)

#14

Apr 29, 2026

TEXT ORDER granting 13 joint briefing schedule. Petitioner shall file an amended petition and memorandum of law on or before May 7, 2026; Respondents shall have until May 14, 2026, to file a response; and Petitioner shall have until May 21, 2026, to file a reply if any. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/29/2026. (MVP) (Entered: 04/29/2026)

#15

Apr 30, 2026

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Oral Argument re: Motion for TRO held virtually via Teams on 4/30/2026. Appearances: Sarah Emma Decker, Esq., Sarah Telo Gillman, Esq., and Rhidaya Shodhan Trivedi, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA, on behalf of Government Respondents. The Court hears arguments from both parties. The Court grants Petitioner's motion for TRO and orders that Petitioner be returned to the WDNY by May 12, 2026; Text Order to follow. Evidentiary Hearing set for 5/26/2026 at 11:00 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. (Court Reporter Diane Martens.) (KSP) (Entered: 04/30/2026)

#16

May 01, 2026

TEXT ORDER memorializing the Court's bench decision granting 2 MOTION for a Temporary Restraining Order to the extent that Respondents shall return Petitioner to a detention facility in the Western District of New York pending adjudication of her petition for a writ of habeas corpus. When a petition for a writ of habeas corpus is filed, a district court must "summarily hear and determine the facts" and "dispose of the matter as law and justice require." 28 U.S.C. § 2243. In discharging this duty, a district court is empowered to "issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law." 28 U.S.C. § 1651(a). Additionally, "[a] district court undeniably has an inherent authority to protect its proceedings, and to meet new situations which demand equitable intervention, and to accord all the relief necessary to correct the particular injustices involved in these situations." Ozturk v. Hyde, 136 F.4th 382, 394-95 (2d Cir. 2025) (internal quotation marks, citations, and brackets omitted). The Court finds that the equities in this case favor Petitioner's transfer back to this District. Such transfer will facilitate the fair and expeditious resolution of this case. Factual issues exist concerning Petitioner's alleged unlawful re-detention on April 22, 2026. Importantly, Petitioner has expressed an intention to testify about the circumstances of her re-detention. Petitioner's testimony is relevant to the Court's assessment of her claims. Inasmuch as the petition does not present only issues of law, Respondents are "required to produce" her for a hearing so that she "may, under oath, deny any of the facts set forth in the [Government's] return or allege any other material facts." § 2243. Accordingly, Petitioner must be returned to this District with adequate time to consult with her attorneys, arrange for witnesses, and meaningfully participate in the hearing. The Court plans to proceed to resolution of the petition quickly, and it is essential that Petitioner be a full participant in the process. In so finding, the Court does not discount Respondents' implicit statutory authority to transfer detainees between facilities as contemplated under § 1231(g). Instead, the Court concludes that this particular consideration along with the alleged financial and logistical burdens associated with transferring Petitioner back to this District are significantly outweighed by those referenced above.Lastly, the Court denies Respondents' request to lift the stay that is preventing Petitioner's transfer from the United States. At oral argument, Respondents asked the Court to lift the stay because Petitioner is subject to a final order of removal, has exhausted all of her administrative and judicial challenges, and will be deported regardless of the outcome of this litigation. Petitioner's challenge is to the manner in which she was detained and is properly before the Court. See Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137, 152 (W.D.N.Y. 2025)(citing cases for the proposition that "challenges to the manner in which ICE executes the removal order... are not [barred]"). In other words, Petitioner is entitled to an opportunity to vindicate her due process rights even if she is subject to a final order of removal and may be removed from the country following the conclusion of this case regardless of the outcome. See id. at 157 ("[T]he mere fact that the government has the authority to detain someone does not mean that it may do so in any manner it chooses, without affording due process.").Accordingly, pursuant to its inherent equitable power, as well as power under the All Writs Act, the Court orders Respondents to transfer Petitioner back to the Western District of New York by May 12, 2026. Should Respondents fail to identify a suitable facility in this District in which to detain Petitioner after exercising its best efforts and absent substantial burdens, Respondents may, upon affidavit and court approval, detain Petitioner at an alternative suitable facility within a reasonable distance of this District in New York State, preferably closer to her attorneys. If Petitioner is not returned to this District by May 12 or if Petitioner is not located in an alternative location following Court approval by such date, Petitioner shall be released from custody immediately without further order of this Court. The stay enjoining Petitioner's removal from the United States would remain in effect until the Court resolves the petition. To ensure that Petitioner's transfer is in compliance with this Order, if Respondents are unable to find an appropriate detention location within the Western District of New York, Respondents should make an application to the Court for approval of an alternative location as soon as practicable. An evidentiary hearing on the petition is scheduled for May 26, 2026 at 11 a.m. in Courtroom 2, 2nd Floor, 100 State Street, Rochester, NY before Hon. Meredith A. Vacca. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/1/2026. (MVP) (Entered: 05/01/2026)

#17

May 01, 2026

MOTION to appear pro hac vice of Jeremy Ravinsky ( Filing fee $ 200 receipt number BNYWDC-5813187.) by Dolores Bustamante Romero. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Affidavit Affidavit of Sponsor, # 3 Exhibit Petition for Admission, # 4 Exhibit Civility Oath, # 5 Exhibit ECF Registration, # 6 Exhibit Attorney's Oath)(Trivedi, Rhidaya) (Entered: 05/01/2026)

#18

May 01, 2026

MOTION to appear pro hac vice of Matthew Melewski ( Filing fee $ 200 receipt number ANYWDC-5813219.) by Dolores Bustamante Romero. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit ECF Registration, # 3 Exhibit Civility Oath, # 4 Exhibit Application, # 5 Exhibit Oath, # 6 Affidavit Sponsor Affidavit)(Trivedi, Rhidaya) (Entered: 05/01/2026)

#19

May 07, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin re three day extension of time to return Petitioner to WDNY. (Khalil, Adam) (Entered: 05/07/2026)

#20

May 07, 2026

TEXT ORDER granting 17 Motion for Pro Hac Vice for Jeremy Ravinsky. Signed by Hon. Meredith A. Vacca on 5/7/2026. (KSP) (Entered: 05/07/2026)

#21

May 07, 2026

ORDER granting 18 Motion for Pro Hac Vice for Matthew Melewski. Signed by Hon. Meredith A. Vacca on 5/7/2026. (KSP) (Entered: 05/07/2026)

#22

May 07, 2026

TEXT ORDER re 19 Respondents' Letter request for a three day extension of time to return Petitioner to this District. Petitioner's opposiiton is due by Friday, May 8th at 9 a.m. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/7/2026. (MVP) (Entered: 05/07/2026)

#23

May 07, 2026

AMENDED PETITION for Writ of Habeas Corpus against James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, filed by Dolores Bustamante Romero. (Attachments: # 1 Exhibit Exhibit 1 Declaration of Mily Trevino-Sauceda, Co-Founder and Executive Director of Alianza Nacional de Campesinas, dated May 7, 2026), # 2 Exhibit Exhibit 2 J. Dale Shoemaker, ICE seizes advocate for migrant farmworkers, Investigative Post (Apr. 22, 2026), https://investigativepost.org/2026/04/22/ice-seizes-advocate-for-migrant-farmworkers/., # 3 Exhibit Exhibit 3 Declaration of Lewis Papenfuse, Former Executive Director of the Worker Justice Center of New York, dated May 6, 2026)., # 4 Exhibit Exhibit 4, They Actually Had a List: ICE Arrests Workers Involved in Landmark Labor Rights Case, The Intercept (May 5, 2025) https://theintercept.com/2025/05/05/ice-raid-farm-labor-union-new-york-ufw/ (documenting ICEs targeting of pro-union migrant farm workers)., # 5 Exhibit Exhibit 5, Brian Sharp and Veronica Volk, Group rallies for detained Wayne County farmworker Dolores Bustamante, Finger Lakes Times (May 1, 2026), https://www.fltimes.com/news/group-rallies-for-detained-wayne-county-farmworker-dolores-bustamante/article_a925b59d-dafd-4b7c-b046-e0c932418298.html.)(Gillman, Sarah) Modified on 5/8/2026 (CGJ). (Entered: 05/07/2026)

#24

May 08, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin with statement from informal interview. (Khalil, Adam) (Entered: 05/08/2026)

#25

May 08, 2026

TEXT ORDER granting 19 Respondents' letter request for a three-day extension of time to return Petitioner to the Western District of New York. Respondents advised that they need until May 15, 2026, to return Petitioner to the District due to transportation and housing issues. Respondents conveyed Petitioner's opposition to this request in their letter; however, Petitioner did not file a formal opposition to the request on the docket or with chambers by the Court's deadline. Having received no objection from Petitioner and because this limited extension still provides sufficient time for Petitioner to meet with her attorneys in preparation for the hearing, the Court GRANTS Respondents' request for three extra days, or until May 15, 2026, to return Petitioner to this District. No other extensions will be provided. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/8/2026. (MVP) (Entered: 05/08/2026)

#26

May 08, 2026

Letter filed by Dolores Bustamante Romero Letter Opposing Respondents' Three Day Extension. (Gillman, Sarah) (Entered: 05/08/2026)

#27

May 08, 2026

MOTION for Discovery by Dolores Bustamante Romero.(Trivedi, Rhidaya) (Entered: 05/08/2026)

#28

May 08, 2026

TEXT ORDER. The Court accepts Petitioner's letter, which was filed after the Court's deadline, and vacates its prior order (ECF No. 25) granting the unopposed extension. Respondents have advised chambers that an extension may no longer be necessary, as they expect Petitioner to be returned to the District in advance of the original deadline of May 12, 2026. Respondents shall advise the Court by Monday, May 11 at 9 a.m. whether their request for an extension is moot. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/8/2026. (MVP) (Entered: 05/08/2026)

May 08, 2026

E-Filing Notification: re 23 Docket text modified to show as Amended Petition (CGJ)

#29

May 11, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin re Petitioner returned to WDNY. (Khalil, Adam) (Entered: 05/11/2026)

#30

May 11, 2026

TEXT ORDER. The parties advised that Petitioner has been returned to the Western District of New York. Accordingly, Respondents' request for an extension of time to return Petitioner to the District is moot. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/11/2026. (MVP) (Entered: 05/11/2026)

#31

May 11, 2026

TEXT ORDER re 27 MOTION for Discovery filed by Dolores Bustamante Romero. Response deadline is 5/13 at 9 a.m. Reply deadline is 5/14 at 9 a.m. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/11/2026. (MVP) (Entered: 05/11/2026)

#32

May 12, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin in opposition to Petitioner's motion seeking discovery. (Khalil, Adam) (Entered: 05/12/2026)