Western District of New York • 1:26-cv-00885

#1

Apr 30, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5811624.), filed by Konstantin Kukhilava. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - Detainee Locator, # 3 Exhibit B - Notice to Appear, # 4 Exhibit C - Parole, # 5 Exhibit D - I-94)(Langer, Jonathan) (Entered: 04/30/2026)

May 01, 2026

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

May 01, 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

May 06, 2026

ORDER TO SHOW CAUSE. 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 Attorneys Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. Signed by Hon. Meredith A. Vacca on 5/6/2026. (DDS) (Entered: 05/06/2026)

May 06, 2026

Remark: Clerk served a copy of the Order to Show Case and the petition to USANYW-Immigration-Habeas@usdoj.gov. (DDS)

#3

May 18, 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: 05/18/2026)

#4

May 18, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/18/2026)

#5

May 18, 2026

REPLY/RESPONSE to re 4 Reply/Response filed by Konstantin Kukhilava. (Langer, Jonathan) (Entered: 05/18/2026)

#6

Jun 03, 2026

MOTION to Expedite consideration of habeas petition by Konstantin Kukhilava. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Langer, Jonathan) (Entered: 06/03/2026)

#7

Jun 15, 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 immediate release or a bond hearing. Respondents filed a response conceding that this case shared a common question of law with the Court's decision in De La Cruz v. Rhoney, No. 25-CV-6699-MAV, 2026 WL 891658 (W.D.N.Y. April 1, 2026), and that the Court's resolution of the question in De La Cruz controlled the results in the instant case should the Court adhere to its prior reasoning. In De La Cruz, the Court considered whether a petitioner who had been present in the country for a period of years following expiration of his parole was detained under 8 U.S.C. § 1225(b)(1) 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. De La Cruz, 2026 WL 891658, at *10.The Court accepts Respondents' position, as argued, that De La Cruz 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." De La Cruz, 2026 WL 891658, at *10 (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 6/15/2026. (KSP) (Entered: 06/15/2026)

#8

Jun 15, 2026

TEXT ORDER denying 6 Motion to Expedite as moot in light of the Text Order granting Petitioner's request for a bond hearing issued by this Court. ECF No. 7 . Signed by Hon. Meredith A. Vacca on 6/15/2026. (KSP) (Entered: 06/15/2026)

#9

Jul 02, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 07/02/2026)

#10

Jul 10, 2026

TEXT ORDER: On July 2, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 9 . 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 July 17, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/10/2026. (KSP) (Entered: 07/10/2026)

#11

Jul 20, 2026

TEXT ORDER: On 7/10/2026, the Court directed that any remaining objections be filed by the parties. Having received no objections, the Court dismisses any remaining claims in the petition without prejudice and directs the Clerk of the Court to close the case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/20/2026. (KSP)Clerk to Follow up (Entered: 07/20/2026)

#12

Jul 23, 2026

JUDGMENT in favor of Konstantin Kukhilava against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 7/23/2026. (DDS) (Entered: 07/23/2026)