Western District of New York • 1:26-cv-01015

#1

May 17, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5831217.), filed by WILLIAM ACEVEDO BEZA. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 05/17/2026)

#2

May 18, 2026

TEXT ORDER re: 1 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in Cunha v. Freden, No. 25-3141-PR, ___ F.4th ___, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226(a), and not § 1225(b)(2). The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that constitutional due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025). Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before May 22, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing pursuant to 8 U.S.C. § 1226(a). Pending a resolution of the petition and because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel, see 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."), Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.The Clerk's Office is directed to serve a copy of the petition and this Text Order electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/18/2026. (EKH) Clerk to Follow up (Entered: 05/18/2026)

May 18, 2026

Remark: Clerk served a copy of the petition and the Text Order, Dkt. 2, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (DDS)

May 18, 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 18, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (MMG)

#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

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney regarding extension of time to respond with petitioner's consent. (Khalil, Adam) (Entered: 05/20/2026)

#5

May 21, 2026

TEXT ORDER granting 4 Consent Request for Extension of Time. Respondents shall respond to the order to show cause (Dkt. 2) on or before June 5, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/21/2026. (EKH) (Entered: 05/21/2026)

#6

Jun 05, 2026

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Declaration of DO McAllister, # 2 Exhibit A, # 3 Memorandum in Support)(Khalil, Adam) (Entered: 06/05/2026)

#7

Jun 08, 2026

TEXT ORDER re: 6 Motion to Dismiss. Responses are due on or before June 22, 2026. Replies are due on or before June 29, 2026. 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. Elizabeth A. Wolford on 6/8/2026. (EKH) (Entered: 06/08/2026)

#8

Jun 22, 2026

RESPONSE to Motion re 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by William Acevedo-Beza. (Hartman, Theodore) (Entered: 06/22/2026)

#9

Jun 29, 2026

REPLY/RESPONSE to re 8 Response to Motion filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 06/29/2026)

#10

Jun 30, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re: denial of asylum claim and government request to allow removal to proceed. (Khalil, Adam) (Entered: 06/30/2026)

#11

Jun 30, 2026

TEXT ORDER re: 10 Letter. On June 30, 2026, Respondents informed the Court that Petitioner was found not to have a credible fear of removal to Guatemala for the purposes of his asylum proceeding and seek to have the stay enjoining Petitioner's transfer outside the district lifted in order to execute Petitioner's removal. Petitioner shall respond to the letter and set forth his position with respect to Respondents' request to lift the stay of transfer and removal on or before July 8, 2026. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/30/2026. (EKH) (Entered: 06/30/2026)

#12

Jul 23, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re lifting of stays in light of no response from Petitioner's counsel. (Khalil, Adam) (Entered: 07/23/2026)

#13

Jul 27, 2026

TEXT ORDER granting 6 Motion to Dismiss without prejudice. Respondents have established that Petitioner is detained pursuant to 8 U.S.C. § 1231, and pursuant to Zadvydas v. Davis, 533 U.S. 678 (2001), he is not entitled to relief in the form of a bond hearing or release. In fact, Petitioner has only been detained since May 2026, which is within the 90-day removal period. Accordingly, Respondents' motion to dismiss is granted, albeit without prejudice in the event Petitioner ultimately becomes subjected to prolonged detention. With this dismissal, the temporary order enjoining Petitioner's transfer outside the District or the country is hereby vacated. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/27/2026. (MGB)Clerk to Follow up (Entered: 07/27/2026)

#14

Jul 28, 2026

JUDGMENT in favor of James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons against William Acevedo-Beza. Signed by Andrew W. Moeller, Clerk of Court, on 7/27/2026. (DDS) (Entered: 07/28/2026)