Western District of New York • 1:26-cv-01000

#1

May 14, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5829531.), filed by Wilton Mauriel Aguilar Castillo. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit Exhibit A - Parole Document, # 3 Exhibit Exhibit B- Employment Authorization, # 4 Exhibit Exhibit C - Automated Case Information)(McLean, Siana) (Entered: 05/14/2026)

May 15, 2026

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

May 15, 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 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 Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 05/20/2026)

#5

May 20, 2026

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

#6

May 21, 2026

REPLY/RESPONSE to re 4 Reply/Response filed by Wilton Mauriel Aguilar Castillo. (McLean, Siana) (Entered: 05/21/2026)

#7

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)

#8

Jun 23, 2026

MOTION to Enforce Judgment by Wilton Mauriel Aguilar Castillo. (Attachments: # 1 Exhibit Exhibit A - Declaration of Siana McLean)(McLean, Siana) (Entered: 06/23/2026)

#9

Jun 24, 2026

TEXT SCHEDULING ORDER: On June 23, 2026, Petitioner filed a motion to enforce judgment. ECF No. 8. Respondents' response to Petitioner's motion is due on or before July 10, 2026. Respondents are directed to provide a copy of the audio recording file from the bond hearing before the Immigration Judge with their response. Petitioner's Reply is due July 17, 2026. In his Reply, Petitioner is directed to explain why the procedure for appeal of the Immigration Judge's decision to the BIA under 8 C.F.R. 1003.19(f) is not a sufficient remedy under the circumstances described in his petition. See, e.g., Bohorquez-Valencia v. Ripa, No. 3:25-CV-1383-MMH-LLL, 2026 WL 662980, at *2 (M.D. Fla. Mar. 10, 2026) (collecting cases, including Bogle v. DuBois, 236 F. Supp. 3d 820, 823 (S.D.N.Y. 2017)) ("Indeed, the BIA might find that the evidence proffered or lack thereof at [petitioner]'s bond hearing did not sufficiently establish he is a flight risk, rendering disposition of his constitutional claims unnecessary.").Additionally, Petitioner must indicate whether he admits or denies the correctness of the audio recording of Petitioner's bond hearing provided by Respondents' counsel. 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 Petitioner denies the correctness of the audio recording, he must provide a brief explanation of the basis for his response. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers.SO ORDERED. Signed by Hon. Meredith A. Vacca on 06/24/2026. (JCL) (Entered: 06/24/2026)

#10

Jun 29, 2026

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

#11

Jun 30, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney with transcript of bond hearing. (Khalil, Adam) (Entered: 06/30/2026)

#12

Jul 10, 2026

RESPONSE in Opposition re 8 MOTION to Enforce Judgment filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 07/10/2026)

#13

Jul 17, 2026

REPLY/RESPONSE to re 9 Text Order,,,,,,, 12 Response in Opposition to Motion filed by Wilton Mauriel Aguilar Castillo. (Attachments: # 1 Exhibit Exhibit A- Current Case Appeal Status, # 2 Exhibit Exhibit B - Proof of Bond Appeal Filing, # 3 Exhibit Exhibit C - Henry A.V.L. Decision)(McLean, Siana) (Entered: 07/17/2026)

#14

Jul 28, 2026

ORDER denying 8 Motion to Enforce Judgment. The Clerk of Court is directed to enter judgment on the petition in favor of Petitioner and close this case. Signed by Hon. Meredith A. Vacca on 7/27/26. (NWA)Clerk to Follow up (Entered: 07/28/2026)

#15

Jul 28, 2026

JUDGMENT in favor of Wilton Mauriel Aguilar Castillo against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 7/28/2026. (TME) (Entered: 07/28/2026)