Western District of New York • 1:26-cv-01026

#1

May 18, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5832746.), filed by Oscar Joselito Jumbo Moncada. (Attachments: # 1 Civil Cover Sheet)(Relles, Craig) (Entered: 05/18/2026)

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)

May 19, 2026

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

#2

May 20, 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 5/20/2026. (TME) (Entered: 05/20/2026)

May 20, 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 29, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, David Kurzdorfer, Todd Lyons, Markwayne Mullin, The U.S. Department of Homeland Security. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/29/2026)

#4

May 29, 2026

REPLY/RESPONSE to re 2 Order to Show Cause,, filed by Todd Blanche, David Kurzdorfer, Todd Lyons, Markwayne Mullin, The U.S. Department of Homeland Security. (Khalil, Adam) (Entered: 05/29/2026)

#5

Jul 02, 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 immediate release or a bond hearing. Respondents filed a response conceding that this 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), 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. In De La Cruz, the Court considered whether a petitioner who had been present in the country for a period of years following expiration of his parole was detained under 8 U.S.C. § 1225(b)(1) 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. De La Cruz, 2026 WL 891658, at *10.The Court accepts Respondents' position, as argued, that De La Cruz 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." De La Cruz, 2026 WL 891658, at *10 (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 7/2/26. (NWA) (Entered: 07/02/2026)

#6

Jul 20, 2026

STATUS REPORT (bond hearing order) by Todd Blanche, David Kurzdorfer, Todd Lyons, Markwayne Mullin, The U.S. Department of Homeland Security. (Khalil, Adam) (Entered: 07/20/2026)

#7

Jul 22, 2026

TEXT ORDER: On July 20, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 6 . 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 29, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/22/2026. (KSP) (Entered: 07/22/2026)

#8

Jul 31, 2026

TEXT ORDER: On July 22, 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 7/31/2026. (KSP)Clerk to Follow up (Entered: 07/31/2026)

#9

Aug 03, 2026

JUDGMENT in favor of Oscar Joselito Jumbo-Moncada against The U.S. Department of Homeland Security, David Kurzdorfer, Markwayne Mullin, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 8/3/2026. (TME) (Entered: 08/03/2026)