Western District of New York • 1:26-cv-00945

Franco Loaeza v. Bausch

Completed

Case Information

Filed: May 08, 2026
Assigned to: Meredith A. Vacca
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 14, 2026
Last Activity: August 14, 2026
Parties: View All Parties →

Docket Entries

#1
May 08, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5822596.), filed by David Franco Loaeza, Victor David Lobo Medina. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Petition, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Exhibit Screenshot of custody status, # 5 Exhibit Screenshot of custody status)(Kim, Malcolm) (Entered: 05/08/2026)
Main Document: PETITION
#2
May 11, 2026
NOTICE of Appearance by Maureen A. Hussain on behalf of David Franco Loaeza, Victor David Lobo Medina (Hussain, Maureen) (Entered: 05/11/2026)
Main Document: NOTICE
May 11, 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)
May 11, 2026
Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (MMG)
#3
May 12, 2026
ORDER TO SHOW CAUSE that Respondents 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 shall have seven (7) days after service of Respondents' return to file a written response. Respondents shall refrain 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 5/12/2026. (TME) (Entered: 05/12/2026)
Main Document: ORDER
May 12, 2026
Remark: Clerk's Office emailed copy of 1 Petition and 3 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)
#4
May 20, 2026
NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/20/2026)
#5
May 20, 2026
REPLY/RESPONSE to re 3 Order to Show Cause,, as to Petitioner Medina filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 05/20/2026)
Main Document: REPLY/RESPONSE
#6
May 20, 2026
REPLY/RESPONSE to re 3 Order to Show Cause,, re Petitioner Loaeza filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 05/20/2026)
Main Document: REPLY/RESPONSE
#7
May 20, 2026
CONTINUATION OF EXHIBITS to 6 Reply/Response Loaeza Form I-286. (Khalil, Adam) (Entered: 05/20/2026)
Main Document: CONTINUATION
#8
May 27, 2026
REPLY/RESPONSE to re 6 Reply/Response, 5 Reply/Response, 3 Order to Show Cause,, filed by David Franco Loaeza, Victor David Lobo Medina. (Attachments: # 1 Exhibit A - I-200)(Hussain, Maureen) (Entered: 05/27/2026)
Main Document: REPLY/RESPONSE
#9
Jun 01, 2026
Letter filed by David Franco Loaeza, Victor David Lobo Medina requesting hearing. (Attachments: # 1 Declaration attorney affirmation of Malcolm Kim, Esq.)(Kim, Malcolm) (Entered: 06/01/2026)
Main Document: Letter
#10
Jul 02, 2026
TEXT ORDER. On July 1, 2026, the Court received a letter directly from Petitioner Medina despite being represented by counsel. The Court has not read Mr. Medina's submission and has forwarded it to his counsel of record.An evidentiary hearing is required in this matter to address not only issues of bond, but the full balance of Petitioners' claims for relief. Counsel and both Petitioners shall appear for an in-person hearing on July 10, 2026, at 11:00 A.M. in Courtroom 2 of the Kenneth B. Keating Federal Building, 100 State St., Rochester, New York. On or before July 9, 2026, counsel for each party shall file a witness list, should anyone beyond Petitioners be required to testify. On or before July 8, 2026, Respondents shall file transcripts of both Petitioners' June 2026 bond hearings. On or before July 9, 2026, Petitioners must indicate whether they admit or deny the correctness of the transcript of their respective bond hearing. See Rule 7(c) of the Rules Governing Habeas Cases in the United States District Court (the Court "must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness."). If either Petitioner denies the correctness of his transcript, he must provide a brief explanation of the basis for his response.SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/2/26. (NWA) (Entered: 07/02/2026)
#11
Jul 02, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re mistaken argument with regard to Medina but no effect on litigation. (Khalil, Adam) (Entered: 07/02/2026)
Main Document: Letter
#12
Jul 02, 2026
MEMORANDUM/BRIEF in advance of hearing by David Franco Loaeza, Victor David Lobo Medina. (Attachments: # 1 Declaration of Zabdi J. Salazar on BIA Detained Case Appeals, # 2 Exhibit Proof of Mailing T Visa Application of Petitioner Franco Loaeza)(Kim, Malcolm) (Entered: 07/02/2026)
Main Document: MEMORANDUM/BRIEF
Jul 02, 2026
Set/Reset Hearings: Evidentiary Hearing set for 7/10/2026 11:00 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. (NWA)
#13
Jul 06, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re the government's preservation of rights and other arguments. (Khalil, Adam) (Entered: 07/06/2026)
Main Document: Letter
#14
Jul 07, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with copy of Petitioner Loaeza's bond hearing transcript. (Khalil, Adam) (Entered: 07/07/2026)
Main Document: Letter
#15
Jul 07, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with copy of Petitioner Medina's bond hearing transcript. (Khalil, Adam) (Entered: 07/07/2026)
Main Document: Letter
#16
Jul 07, 2026
TEXT ORDER re. 10 15 . After reviewing the parties' recent submissions, the Court declines to find that Respondents have waived arguments in response to the petition but rejects Respondents' position that an additional 45 days is appropriate to fully respond thereto.The July 10, 2026 evidentiary hearing is rescheduled for July 15, 2026, at 9:30 AM in Courtroom 2 of the Keating Federal Building, 100 State Street, Rochester, New York. Counsel and Petitioners shall appear in-person. On or before July 13, 2026, counsel for each party shall file a witness list, should anyone beyond Petitioners be required to testify, such as the Immigration Officers who signed relevant paperwork. Respondents shall file their full response to the petition, ECF No. 1. as supplemented by ECF No. 12, on or before July 13, 2026. The Court will consider the merits of Petitioners' claims after considering both parties' positions thereon.The focus of Respondents' supplemental brief--and the July 15 evidentiary hearing--shall be whether either or both Petitioners are entitled to immediate release. In their supplemental return, Respondents need not address Petitioners' position regarding waiver of arguments not raised in Respondents' original return to the order to show cause, nor need Respondents reiterate their positions regarding their concession that 8 U.S.C. § 1226(a) applies to both Petitioners or the purported propriety of ordering a bond hearing, with the burden on Petitioners, as relief in this case. As relevant to supplemental briefing and the evidentiary hearing, Petitioners have alleged that their detention violates procedural and substantive due process, ECF No. 1-2 at 13-14; ECF No. 12 at 6-8; their arrest violated the Fourth Amendment, ECF No. 1-2 at 16-17; ECF No. 12 at 7-8; and that Respondents failed to comply with 8 U.S.C. § 1226(a), 8 U.S.C. § 1357(a)(2), and 8 C.F.R. § 287.8(c)(2)(ii), ECF No. 1-2 at 15-16; ECF No. 12 at 9-10. Petitioner Medina further argues that his prior order of release on recognizance was not properly revoked. ECF No. 12 at 10-17; see ECF No. 1-2 at 15-16. Petitioner Loaeza further argues that his membership in a "Pending Petition Class" forecloses Respondents' authority to arrest and detain him. ECF No. 12 at 11-12.Respondents shall also, by July 13, 2026, file any and all documents evidencing the circumstances surrounding either or both Petitioners' (1) arrests, (2) individualized custody determinations, and (3) status of their removal proceedings at and after their 2026 arrest, as well as any other documents that evidence Respondents' purported compliance with relevant statutes and regulations, including 8 U.S.C. § 1226(a), 8 U.S.C. § 1357(a)(2), and 8 C.F.R. § 287.8(c)(2)(ii).Petitioners shall, by July 9, 2026, inform the Court as to whether an interpreter is required for the July 15 hearing. Petitioners shall, by July 13, 2026, indicate whether they admit or deny the correctness of the transcript of their respective bond hearing. See ECF Nos. 14, 15; Rule 7(c) of the Rules Governing Habeas Cases in the United States District Court (the Court "must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness."). If either Petitioner denies the correctness of his transcript, he must provide a brief explanation of the basis for his response.SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/7/26. (NWA) (Entered: 07/07/2026)
#17
Jul 08, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with ICE documents for Loaeza. (Khalil, Adam) (Entered: 07/08/2026)
Main Document: Letter
#18
Jul 08, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with ICE documents for Medina. (Khalil, Adam) (Entered: 07/08/2026)
Main Document: Letter
Jul 08, 2026
CALENDAR EVENT: Evidentiary Hearing set for 7/15/2026 at 09:30 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. Signed by Hon. Meredith A. Vacca on 7/8/2026. (KSP)
#19
Jul 09, 2026
MOTION for Leave to Appear by Law Graduate Maria Perales Sanchez by David Franco Loaeza, Victor David Lobo Medina.(Hussain, Maureen) (Entered: 07/09/2026)
Main Document: MOTION
#20
Jul 09, 2026
Letter filed by David Franco Loaeza, Victor David Lobo Medina stating need for interpreter, and no objection to bond hearing transcripts. (Kim, Malcolm) (Entered: 07/09/2026)
Main Document: Letter
#21
Jul 10, 2026
TEXT ORDER granting 19 Motion for Leave to Appear Pursuant to Loc. R. Civ. P. 83.6. Although the applicant is not currently "duly enrolled in a law school approved by the American Bar Association" ("ABA") as required by the "Law Student Rule," see Loc. R. Civ. P. 83.6, the Court finds it appropriate to waive that requirement in this special case where the applicant has provided evidence that she: has graduated from an ABA-approved law school, has completed the New York bar examination, New York Law Course, the New York Law Exam, and the Multistate Professional Responsibility Exam, and has otherwise satisfied the requirements of Rule 83.6 See Loc. R. Civ. P. 83.9 ("Any of the foregoing rules shall, in special cases, be subject to such modification as may be necessary to meet emergencies or to avoid injustice or great hardship."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/10/26. (NWA) (Entered: 07/10/2026)
#22
Jul 10, 2026
TEXT ORDER: The Evidentiary Hearing currently scheduled for 7/15/2026 is reset for 7/21/2026 at 09:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Meredith A. Vacca. Signed by Hon. Meredith A. Vacca on 7/10/2026. (KSP) (Entered: 07/10/2026)
#23
Jul 10, 2026
Letter filed by David Franco Loaeza, Victor David Lobo Medina . (Attachments: # 1 Declaration of Petitioner Lobo Medina, # 2 Declaration of Petitioner Franco Loaeza, # 3 Exhibit FedEx proof of delivery for T Visa, # 4 Exhibit New Yorker article noting USCIS T Visa receipt notice delays)(Kim, Malcolm) (Entered: 07/10/2026)
Main Document: Letter
#24
Jul 13, 2026
REPLY/RESPONSE to re 16 Text Order,,,,,,,,,,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 07/13/2026)
Main Document: REPLY/RESPONSE
#25
Jul 13, 2026
Letter filed by David Franco Loaeza, Victor David Lobo Medina : witness list. (Kim, Malcolm) (Entered: 07/13/2026)
Main Document: Letter
#26
Jul 15, 2026
TEXT SCHEDULING ORDER. To facilitate expedited resolution of a dispute impacting the July 21 evidentiary hearing regarding production of ICE witnesses thereat and other "discovery," the Court ORDERS that Respondents shall file their "discovery" objection on July 15, 2026, and shall provide to Petitioners the names of individuals identified as intended witness at ECF No. 25 at (3)-(5) by 3:00 P.M. on July 16, 2026. Petitioners shall file any response to Respondents' objection on or before July 16, 2026. Petitioners and Respondents agreed that Petitioners will serve subpoenas on the identified ICE witnesses, which Petitioners shall do promptly upon receiving the requisite information in order to facilitate the evidentiary hearing as scheduled. The Court has approved that any ICE witness testimony will be taken virtually. Counsel and Petitioners are still expected to appear in person for the July 21 hearing. Should Petitioners seek to have Respondents produce the body cam footage of the arrests that is indicated exists in Petitioners' I-213's, they shall file a brief motion on or before July 17, 2026. Respondents shall file any opposition by noon on July 20, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/15/26. (NWA) (Entered: 07/15/2026)
#27
Jul 15, 2026
REPLY/RESPONSE to re 26 Text Order,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 07/15/2026)
Main Document: REPLY/RESPONSE
#28
Jul 16, 2026
REPLY/RESPONSE to re 27 Reply/Response, 26 Text Order,,,,, filed by David Franco Loaeza, Victor David Lobo Medina. (Hussain, Maureen) (Entered: 07/16/2026)
Main Document: REPLY/RESPONSE
#29
Jul 17, 2026
MOTION to Produce Body Cam Footage by David Franco Loaeza, Victor David Lobo Medina.(Hussain, Maureen) (Entered: 07/17/2026)
Main Document: MOTION
#30
Jul 20, 2026
MEMORANDUM in Opposition re 29 MOTION to Produce Body Cam Footage filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 07/20/2026)
Main Document: MEMORANDUM
#31
Jul 21, 2026
Minute Entry for proceedings held before Hon. Meredith A. Vacca: Evidentiary Hearing held on 7/21/2026. Appearances: Malcolm Kim, Esq., Maureen Hussain, Esq., and Maria Perales Sanchez, Law Graduate, with Petitioners, Franco Loaeza and Lobo Medina; Carlos Agurrire, Spanish interpreter for Petitioner Franco Loaeza; Adam Khalil, AUSA, on behalf of Government Respondents. Interpreter sworn. The Court hears testimony from Petitioner Franco Loaeza, Petitioner Lobo Medina, and ICE Deportation Officer Gawel. The Court reserves decision and will issue a written decision at a future date. (Court Reporter Joony Odenbach.) (KSP) (Entered: 07/21/2026)
#32
Jul 24, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with declarations and as-filed NTA. (Khalil, Adam) (Entered: 07/24/2026)
Main Document: Letter
#33
Jul 24, 2026
MEMORANDUM/BRIEF in response to new declarations by David Franco Loaeza, Victor David Lobo Medina. (Kim, Malcolm) (Entered: 07/24/2026)
Main Document: MEMORANDUM/BRIEF
#34
Jul 27, 2026
DECISION AND ORDER as to Petitioner Loaeza. Respondents shall release Mr. Loaeza from custody within 24 hours of this Decision and Order and certify compliance therewith on or before July 29, 2026. A subsequent order will address Mr. Medina's claims for relief. Signed by Hon. Meredith A. Vacca on 7/27/26. (NWA) (Entered: 07/27/2026)
Main Document: DECISION
#35
Jul 27, 2026
CONTINUATION OF EXHIBITS to 32 Letter signed versions of declarations. (Attachments: # 1 Declaration of DO Gawel (signed))(Khalil, Adam) (Entered: 07/27/2026)
Main Document: CONTINUATION
#36
Jul 28, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re release of Petitioner Loaeza. (Khalil, Adam) (Entered: 07/28/2026)
Main Document: Letter
#37
Aug 13, 2026
TEXT ORDER as to Petitioner Medina. Respondents shall release Mr. Medina from custody within 24 hours of this Text Order pursuant to an order of supervision, see 8 C.F.R. § 241.5(a), and certify compliance therewith on or before August 17, 2026.Petitioner Medina filed a joint petition for a writ of habeas corpus on May 8, 2026 -- the day he was arrested by Immigration and Customs Enforcement ("ICE"). Mr. Medina has been living in the United States for approximately three years and had been previously encountered and released by ICE in or around 2023. ECF No. 1-2 at 2. He argued that his detention fell under 8 U.S.C. § 1226(a), not 8 U.S.C. § 1225(b), and challenged the circumstances of his arrest and the revocation of his prior release. Id. at 12-17. Respondents' initial return, dated May 20, to the Court's Order to Cause conceded that Mr. Medina's 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) (holding that a petitioner who had been present in the country for a period of years following expiration of his § 1182(d) parole was detained pursuant to 8 U.S.C. § 1226(a) and was therefore entitled to a bond hearing under existing federal regulations), 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. ECF No. 5. On June 1, Mr. Medina received a bond hearing in immigration court as a matter of course and bond was denied. ECF No. 15. On July 2, Respondents amended their response to argue that the Second Circuit's Barbosa Da Cunha v. Freden, 175 F.4th 61 (2d. Cir. 2026). decision would apply to Mr. Medina's circumstances because he had been previously released on an order of recognizance, not on parole pursuant to 8 U.S.C. § 1182(d). ECF No. 11. Approximately two months after the joint petition was filed and notable briefing had already occurred, it was revealed that Mr. Medina was subject to an order of removal at the time of his May 8, 2026 arrest, which had been entered in absentia on October 29, 2025. ECF No. 12 at 3-4; ECF No. 18. Mr. Medina alleged that he had been unaware of his removal hearing because his former immigration attorney failed to inform him of it, among other deficiencies in his representation. See ECF No. 12 at 3-4; ECF No. 23-1 at 3.On July 21, the Court held an evidentiary hearing in this matter, with all parties now in agreement that Mr. Medina's May 8 arrest and attending detention is governed by 8 U.S.C. § 1231. Mr. Medina argued that he is entitled to immediate release because he was never detained during the 90-day removal period or issued an order of supervision ("OSUP") thus preventing his "continued" detention after the removal period, his release after entry of the removal order was not terminated in accordance with the requirements of 8 C.F.R. § 241.4(l), and he was not arrested pursuant to the applicable, and he argued required, I-205 warrant for arrest. See also ECF No. 33 at 4-5. Mr. Medina clarified that although he was unaware of his removal hearing, causing his absence thereat, he had provided ICE with his current address. Respondents argued that the government cannot be at fault for failing to detain Mr. Medina during the removal period or releasing him on an OSUP because it is not Respondents' obligation to affirmatively locate and serve him with an OSUP when he fails to appear as directed, even if his updated address was supplied. Respondents also argued that any lack of process due to Mr. Medina pursuant to § 1231 is alleviated because Mr. Medina was served with an I-200 arrest warrant, applicable to noncitizens whose removal decision remains "pending," after he was detained, and he received a "bonus" bond hearing on June 1.The Court is not persuaded by Respondents' attempt to distinguish Mr. Medina's circumstances from the Court's decision in Bustamante Romero v. Bausch, et al., No. 26-CV-00803-MAV, 2026 WL 1998751 (W.D.N.Y. July 10, 2026) on the grounds that Mr. Medina's removal order was entered in absentia. Such an exception is grounded nowhere in the Immigration and Nationality Act ("INA") or its implementing regulations. For example, 8 U.S.C. § 1231(a)(1)(A) provides, "Except as otherwise provided in this section, when an alien is ordered removed, the Attorney General shall remove the alien from the United within a period of 90 days (in this section referred to as the 'removal period')," and there is no qualification or modification for when the noncitizen is ordered removed in absentia. (Emphasis added.) Section 1231(a)(1)(C) lists circumstances by which the removal period shall be extended, but merely being ordered removed in absentia is not one of them. 8 U.S.C. § 1231(a)(1)(C). Section 1231(a)(2)(A) states unequivocally, "During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) or this title or deportable under section 1227(a)(2) and 1127(a)(4)(B) of this title." 8 U.S.C. § 1231(a)(2)(A) (emphasis added). Relatedly, 8 U.S.C. § 1229a(b)(5) prescribes the "[c]onsequences of failure to appear" during removal proceedings, none of which detail or even suggest that, for example, 8 C.F.R. § 241.4 will not apply to the noncitizen, or that the removal period is extended at all or indefinitely.Moreover, there is no evidence here of any attempts by the government to locate and detain Mr. Medina after he was ordered removed on October 29, 2025, despite having Mr. Medina's current address. Even Mr. Medina's arrest approximately six months later cannot be said to be the result of an attempt to locate and detain Mr. Medina pursuant to his order of removal. The arrest occurred during a happenstance traffic encounter, it took Respondents another two months to recognize that the person they had in custody was already subject to an order of removal, and, in the meantime, Mr. Medina had a bond hearing before an immigration judge--which is not prescribed under § 1231--whereat the actual history of his removal proceedings was not clarified. There is no evidence or allegation that the government's failure to locate, detain, and issue an OSUP to Mr. Medina after October 29, 2025, was due to Mr. Medina's intentional evasion to prevent his removal. See 8 U.S.C. § 1231(a)(1)(C). There is no evidence that the government took any steps to do so at all. The Court is also not persuaded by Respondents' argument that some process, taken piecemeal and mistakenly from other, non-applicable statutory and regulatory provisions can moot the process that the law affords Mr. Medina in his present circumstances, particularly as it pertains to notice.The Court finds that its reasoning in Bustamante Romero applies to Mr. Medina's circumstances and that release is warranted. IT IS HEREBY ORDERED that Mr. Medina shall be released from custody within 24 hours of this Text Order pursuant to an order of supervision, see 8 C.F.R. § 241.5(a); and it is furtherORDERED that if the government decides to execute the removal order against Mr. Medina in the future, he shall receive written notice of the reasons for the revocation of release in a manner that complies with 8 C.F.R. § 241.4(l), that is issued by an individual with proper authority; and it is furtherORDERED that upon any such revocation of release, Mr. Medina shall receive an initial informal interview in compliance with 8 C.F.R. § 241.4(l) promptly after his return to custody to afford him an opportunity to respond to the reasons for revocation stated in the notification.SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/13/26. (NWA) (Entered: 08/13/2026)
#38
Aug 13, 2026
TEXT ORDER denying as moot 29 Motion to Produce Body Cam Footage in light of the Courts rulings at ECF No. 34 and 37 . The Clerk of Court is directed to enter judgment in favor of Petitioners Loaeza and Medina and close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/13/26. (NWA)Clerk to Follow up (Entered: 08/13/2026)
#39
Aug 14, 2026
Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re release of Petitioner Medina. (Khalil, Adam) (Entered: 08/14/2026)
Main Document: Letter
#40
Aug 14, 2026
JUDGMENT in favor of David Franco Loaeza, Victor David Lobo Medina against James Bausch, Markwayne Mullin, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 8/14/2026. (DDS) (Entered: 08/14/2026)
Main Document: JUDGMENT