Western District of New York • 1:26-cv-00970

#1

May 12, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5826428.), filed by Jesus Guerrero Luna. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 05/12/2026)

May 13, 2026

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

May 13, 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)

#2

May 19, 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 5/19/2026. (TME) (Entered: 05/19/2026)

May 19, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 2 Order to Show Cause to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

#3

May 20, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James T. Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/20/2026)

#4

May 20, 2026

REPLY/RESPONSE to re 2 Order to Show Cause,, filed by James T. Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/20/2026)

#5

May 20, 2026

Letter filed by James T. Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney with ICE documents. (Khalil, Adam) (Entered: 05/20/2026)

#6

Jun 10, 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 6/10/2026. (KSP) (Entered: 06/10/2026)

#7

Jun 29, 2026

Letter filed by James T. Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re bond hearing. (Khalil, Adam) (Entered: 06/29/2026)

#8

Jul 10, 2026

TEXT ORDER: On June 29, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 7 . 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)

#9

Jul 22, 2026

Letter filed by James T. Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re final order of removal. (Khalil, Adam) (Entered: 07/22/2026)

#10

Jul 23, 2026

TEXT ORDER: On July 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 7/23/2026. (KSP)Clerk to Follow up (Entered: 07/23/2026)

#11

Jul 24, 2026

JUDGMENT in favor of Jesus Guerrero Luna against James T. Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 7/24/2026. (TME) (Entered: 07/24/2026)