Western District of New York • 6:26-cv-06551

#1

May 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5831862.), filed by Christian Ismael Fernandez Zhicay. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit 1)(Barnaby, Daneal) (Attachment 1 replaced on 5/19/2026) (MMG). (Entered: 05/18/2026)

May 19, 2026

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

May 19, 2026

E-Filing Notification re 1 PETITION for Writ of Habeas Corpus: The Court flattened and replaced Attachment 1 (MMG)

May 19, 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 20, 2026

ORDER TO SHOW CAUSE that Respondents show cause within 14 days of the date of this Order why the Petitioners requested relief pursuant to 28 U.S.C. 2241 should not be granted. Signed by Hon. Meredith A. Vacca on 5/20/2026. (Attachments: # 1 Petition)(TF) (Entered: 05/20/2026)

#3

May 22, 2026

AMENDED DOCUMENT by Christian Ismael Fernandez Zhicay. Amendment to 1 Petition for Writ of Habeas Corpus, . (Barnaby, Daneal) (Entered: 05/22/2026)

#4

May 26, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Steven Kurzdorfer, Markwayne Mullin, David Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/26/2026)

#5

May 29, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Steven Kurzdorfer, Markwayne Mullin, David Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/29/2026)

#6

May 29, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, filed by Michael Ball, Steven Kurzdorfer, Markwayne Mullin, David Venturella. (Khalil, Adam) (Entered: 05/29/2026)

#7

Jun 04, 2026

REPLY/RESPONSE to re 6 Reply/Response To Respondent's Response filed by Christian Ismael Fernandez Zhicay. (Barnaby, Daneal) (Entered: 06/04/2026)

#8

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)

#9

Jun 26, 2026

Letter filed by Michael Ball, Steven Kurzdorfer, Markwayne Mullin, David Venturella re bond hearing. (Khalil, Adam) (Entered: 06/26/2026)

#10

Jun 26, 2026

TEXT ORDER: On June 26, 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 7, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/26/2026. (KSP) (Entered: 06/26/2026)

#11

Jul 01, 2026

MOTION to Enforce Judgment by Christian Ismael Fernandez Zhicay. (Attachments: # 1 Exhibit 1)(Barnaby, Daneal) (Entered: 07/01/2026)

#12

Jul 02, 2026

TEXT SCHEDULING ORDER: On July 1, 2026, Petitioner filed a motion to enforce judgment. ECF No. 11. Respondents' response to Petitioner's motion is due on or before July 17, 2026. Respondents are directed to provide a copy of the transcript from the bond hearing before the Immigration Judge with their response. Petitioner's Reply is due July 24, 2026. In his Reply, Petitioner must indicate whether he admits or denies the correctness of the transcript of Petitioner's bond hearing provided by Respondents. 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 transcript, 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 07/02/2026. (JCL) (Entered: 07/02/2026)

#13

Jul 08, 2026

Letter filed by Michael Ball, Steven Kurzdorfer, Markwayne Mullin, David Venturella with copy of bond hearing transcript. (Khalil, Adam) (Entered: 07/08/2026)

#14

Jul 17, 2026

Letter filed by Michael Ball, Steven Kurzdorfer, Markwayne Mullin, David Venturella in opposition to Petitioner's Motion to Enforce. (Khalil, Adam) (Entered: 07/17/2026)

#15

Jul 28, 2026

ORDER denying 11 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)

#16

Jul 30, 2026

JUDGMENT in favor of Christian Ismael Fernandez Zhicay against Respondents. Signed by Clerk of Court 7/30/2026. (TF) (Entered: 07/30/2026)