Western District of New York • 1:26-cv-01058

#1

May 21, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5837991.), filed by LUIS JOEL FLORES RATLIFF. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Byelyakova, Oleksandra) (Entered: 05/21/2026)

#2

May 22, 2026

MOTION for Temporary Restraining Order by LUIS JOEL FLORES RATLIFF. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Byelyakova, Oleksandra) (Entered: 05/22/2026)

#3

May 22, 2026

ORDER denying 2 Motion for TRO for the reasons stated therein. Respondents shall show cause within 14 days of the date of this order why Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted. The Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and a copy of this 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. Meredith A. Vacca on 5/22/2026 (MVP)Clerk to Follow up (Entered: 05/22/2026)

May 22, 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 22, 2026

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

May 22, 2026

Clerk emailed 1 Petition and 3 Order to USANYW-Immigration-Habeas@usdoj.gov. (CGJ)

#4

Jun 03, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/03/2026)

#5

Jun 03, 2026

REPLY/RESPONSE to re 3 Order on Motion for TRO,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 06/03/2026)

#6

Jun 04, 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 6/4/2026. (KSP) (Entered: 06/04/2026)

#7

Jun 04, 2026

Letter filed by Luis Joel Flores Ratliff . (Byelyakova, Oleksandra) (Entered: 06/04/2026)

#8

Jun 05, 2026

TEXT ORDER re 7 . Petitioner has advised that he received a bond hearing on June 1, 2026, and was released from immigration custody on June 3, 2026. Accordingly, Petitioner requests that the Court close this case. Respondents do not oppose this request. Because Petitioner has received his requested relief, the Court dismisses the petition as moot. The Clerk of Court is directed to close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/5/2026. (MVP)Clerk to Follow up (Entered: 06/05/2026)

#9

Jun 05, 2026

JUDGMENT in favor of Luis Joel Flores Ratliff against Warden, James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 6/5/2026. (CGJ) (Entered: 06/05/2026)

#10

Jun 22, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re bond hearing. (Khalil, Adam) (Entered: 06/22/2026)