Western District of New York • 1:26-cv-01077

#1

May 26, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5841825.), filed by Francisco Antonio Donaye-Contreras. (Attachments: # 1 Civil Cover Sheet Civil Cover sheet, # 2 Exhibit Exhibit A - Parole Documentation, # 3 Exhibit Exhibit B - BIA Notice of Appeal, # 4 Exhibit Exhibit C - Bond Denials)(Soto, Andrea) (Entered: 05/26/2026)

#2

May 27, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by June 10, 2026. Petitioner's response is due by June 17, 2026. In their briefs, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of 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. Issued by Hon. John L. Sinatra, Jr. on 5/27/2026. (KLH) (Entered: 05/27/2026)

May 27, 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 27, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (MMG)

May 27, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)

#3

Jun 04, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/04/2026)

#4

Jun 04, 2026

REPLY/RESPONSE to re 2 Text Order,, filed by Todd Blanche, Todd M. Lyons, Markwayne Mullin, Warden. (Khalil, Adam) (Entered: 06/04/2026)

#5

Jun 08, 2026

REPLY/RESPONSE to re 4 Reply/Response Petitioner's Reply to Respondents' Response to Order to Show Cause filed by Francisco Antonio Donaye-Contreras. (Soto, Andrea) (Entered: 06/08/2026)

#6

Jun 15, 2026

TEXT ORDER. Respondents shall file a status report by June 23, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 6/15/2026. (KEF) (Entered: 06/15/2026)

#7

Jul 02, 2026

Letter filed by Francisco Antonio Donaye-Contreras regarding Respondents' non-compliance with the Court's June 15, 2026 Order and status update. (Soto, Andrea) (Entered: 07/02/2026)

#8

Jul 06, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, David Venturella re: inadvertent missed filing of drafted letter. (Attachments: # 1 June 15 Status update letter)(Khalil, Adam) (Entered: 07/06/2026)

#9

Jul 07, 2026

TEXT ORDER. A status conference is set for 7/14/2026, at 9:30 AM, in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 7/7/2026. (KEF) (Entered: 07/07/2026)

Jul 07, 2026

RESCHEDULING NOTICE (*time change only*). Status conference rescheduled for 7/14/2026, at 10:30 AM, in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. Issued by Hon. John L. Sinatra, Jr., on 7/7/2026. (KEF)

#10

Jul 14, 2026

TEXT ORDER. Respondents concede that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. See Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Dkt. 4; Dkt. 8-1. As a result, the immigration court has jurisdiction over a bond hearing, pursuant to Da Cunha. Because Petitioner's detention has not become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than July 28, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 7/14/2026. (KEF)Clerk to follow up. (Entered: 07/14/2026)

#11

Jul 14, 2026

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr. The parties appeared for a status conference. Counsel advised the Court of the parties' positions on the petition. The government confirmed its position in Dkt. 4. After hearing clarification from the parties regarding the facts alleged in the petition and argument on burden-shifting, the Court granted the petition and held that Petitioner would bear the burden at the bond hearing. Appearances: Andrea C. Soto (by teleconference), on behalf of petitioner Donaye-Contreras; Adam A. Khalil, on behalf of respondents; Bonnie Weber, RPR, Court Reporter. (KLH) (Entered: 07/14/2026)

#12

Jul 15, 2026

JUDGMENT in favor of Francisco Antonio Donaye-Contreras against David Venturella, Markwayne Mullin, Michael Ball, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 7/15/2026. (DDS) (Entered: 07/15/2026)