Western District of New York • 6:26-cv-06482

#1

Apr 27, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5804477.), filed by El Houssein Ba. (Attachments: # 1 Civil Cover Sheet)(Zaiman, Grace) (Entered: 04/27/2026)

Apr 27, 2026

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

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. (MMG)

#2

Apr 28, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 4/28/26. (JHF) (Entered: 04/28/2026)

Apr 28, 2026

Clerk emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

#3

May 11, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, Markwayne Mullin. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/11/2026)

#4

May 11, 2026

REPLY/RESPONSE to re 2 Order filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, Markwayne Mullin. (Khalil, Adam) (Entered: 05/11/2026)

#5

May 29, 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 release or a bond hearing. ECF No. 1. Respondents filed a response 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. 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." Da Cunha, 2025 WL 3280575, at *7 (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 5/29/2026. (KSP) (Entered: 05/29/2026)

#6

Jun 12, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Tammy Marich, Markwayne Mullin re bond hearing. (Khalil, Adam) (Entered: 06/12/2026)

#7

Jun 15, 2026

TEXT ORDER: On June 12, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 6 . The Court views the issues raised by petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before June 22, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/15/2026. (KSP) (Entered: 06/15/2026)

#8

Jun 24, 2026

TEXT ORDER DIRECTING THE CLERK TO CLOSE THIS CASE. On June 15, 2026, the Court gave the parties until June 22, 2026 to raise any additional issues regarding the petition that were not addressed by the Court's order granting Petitioner's request for a bond hearing. ECF No. 7. No issues having been raised, the Clerk of Court is directed to enter judgment for Petitioner and close this case.For clarity's sake, the Court notes that Respondents have informed the Court that Petitioner has requested and received an order of voluntary departure, and submitted a copy of that order for the Court's review. The Court finds that an evidentiary hearing in this matter is not warranted under 28 USC 2243; therefore, Respondents need not refrain from transferring Petitioner out of the United States as originally directed in the Order to Show Cause. SO ORDERED. Signed by Hon. Meredith A. Vacca on 06/24/2026. (JCL)Clerk to Follow up (Entered: 06/24/2026)

#9

Jun 25, 2026

JUDGMENT in favor of El Houssein Ba against Respondents. Signed by Clerk of Court on 6/25/2026. (TF) (Entered: 06/25/2026)