Western District of New York • 6:26-cv-06479

#1

Apr 24, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5804275.), filed by Alexander Jose Vizcaino Marrufo. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Declaration Declaration, # 3 Exhibit Record of Deportable/Inadmissible Alien, # 4 Exhibit Notice of Custody Determination, # 5 Exhibit Order of Release on Recognizance, # 6 Exhibit Notice to Appear, # 7 Exhibit Notice to Appear, # 8 Exhibit Application for Asylum and for Withholding of Removal, # 9 Exhibit Decision of the Immigration Judge, # 10 Exhibit Petitioners Notice of Appeal, # 11 Exhibit EOIR Automated Case Information concerning the status of Petitioners Appeal before the BIA)(Anene, Chinedu) (Entered: 04/24/2026)

#2

Apr 25, 2026

First MOTION for Temporary Restraining Order filed by Alexander Jose Vizcaino Marrufo. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion for TRO, # 2 Text of Proposed Order Proposed Order)(Anene, Chinedu) (Entered: 04/25/2026)

Apr 25, 2026

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

#3

Apr 27, 2026

NOTICE of Appearance by Michael P. Kushner on behalf of Alexander Jose Vizcaino Marrufo (Kushner, Michael) (Entered: 04/27/2026)

#4

Apr 27, 2026

ORDER granting in part and denying in part 2 Motion for TRO for the reasons stated in the attached order. The motion is GRANTED to the extent that Respondents shall refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. The motion is otherwise DENIED. Respondents shall show cause within 14 days of the date of this order why Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted. Petitioner shall have 7 days after service of Respondents' return to file a written response. 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 4/27/2026. (MVP)Clerk to Follow up (Entered: 04/27/2026)

Apr 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. (ARS)

#5

Apr 28, 2026

MOTION for Temporary Restraining Order Emergency Relief Requested Enjoining Petitioner's Removal from the District by Alexander Jose Vizcaino Marrufo.(Kushner, Michael) (Entered: 04/28/2026)

#6

Apr 28, 2026

TEXT ORDER denying 5 MOTION for a Temporary Restraining Order. On April 27, 2026, the Court denied 2 Petitioner's initial motion for a temporary restraining order to prevent his transfer out of the District. ECF No. 4. Petitioner renewed his motion on April 28, 2026, in light of the Second Circuit's recent decision in Da Cunha v. Freden, No. 25-3141-pr (2d Cir. Apr. 28, 2026). The Court declines Petitioner's request to reconsider its prior decision and DENIES Petitioner's motion for the reasons stated in its prior order. The Second Circuit in Da Cunha found that petitioner, who was present in the United States after entering the country without inspection or admission and who was not apprehended at or near the border at the time of entry, was detained under 8 U.S.C. §1226(a), not §1225(b)(2)(A), based on, inter alia, the plain language of both sections. The Second Circuit did not rule on the specific issue presented here, and the decision does not compel this Court to modify its prior order. As previously stated, pursuant to § 1231(g)(1), "[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal." Importantly, the Court retains jurisdiction over this habeas petition and Second Circuit law applies to this petition regardless of where Petitioner is being held. While the Court agrees that Petitioner is entitled to adequate access to legal counsel, Petitioner has not made any substantive claims that transfer would impede that. Further, should a hearing be scheduled in the future for which Petitioner's presence is required, the Court can order that Petitioner be produced. For these reasons, and the reasons this Court previously stated 4, the motion for a Temporary Restraining Order is denied. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/28/2026. (MVP) (Entered: 04/28/2026)

Apr 28, 2026

Clerk served a copy of 1 Petition electronically and 4 Order via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (RE)

#7

May 11, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security (DHS), U.S. Immigrations and Customs Enforcement. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/11/2026)

#8

May 11, 2026

REPLY/RESPONSE to re 4 Order on Motion for TRO,,, filed by Todd Blanche, Joseph Freden, Stephen Kurzdorfer, Todd Lyons, Markwayne Mullin, U.S. Department of Homeland Security (DHS), U.S. Immigrations and Customs Enforcement. (Khalil, Adam) (Entered: 05/11/2026)

#9

May 18, 2026

REPLY/RESPONSE to re 8 Reply/Response, filed by Alexander Jose Vizcaino Marrufo. (Attachments: # 1 Exhibit Declaration of Rosanna Eugenio, Legal Director, The New York Immigration Coalition, # 2 Exhibit I-213, Record of Deportable/Inadmissible Alien Prepared October 16, 2025)(Anene, Chinedu) (Entered: 05/18/2026)

#10

May 19, 2026

TEXT ORDER granting 1 Petition to the extent that Petitioner is entitled to a bond hearing during which the Government bears the burden of proof.Petitioner has filed the instant petition for writ of habeas corpus alleging that he is being unlawfully detained and is entitled to immediate release or a bond hearing. In response to the petition, Respondents filed a return 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), aff'd, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026) 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. 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.The Court accepts Respondents' position, as argued, that Da Cunha governs. Additionally, after applying the three-factor test set forth in Mathews v. Eldridge, 424 U.S. 319 (1976), the Court finds that the Government must bear the burden of proof at the bond hearing, particularly in light of the length of Petitioner's detention. See Velasco Lopez v. Decker, 978 F.3d 842, 846 (2d Cir. 2020); see also Black v. Decker, 103 F. 4th 133, 138 (2d Cir. 2024) (finding a detention of 7 months to be unreasonably prolonged). At Petitioner's bond hearing, the immigration judge must consider Petitioner's ability to pay and alternative means of assuring appearance in setting his bond and establishing appropriate terms for his potential release. See Black, 103 F. 4th at 138.Accordingly, it is hereby ORDERED that within ten (10) days of the date of this Order, Respondents shall provide Petitioner with a bond hearing before an immigration judge, during which the Government is required to show by clear and convincing evidence that Petitioner is either a flight risk or a danger to the community and the immigration judge must consider Petitioner's ability to pay and alternative means of assuring appearance.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 5/19/2026. (MVP) (Entered: 05/19/2026)