Western District of New York • 6:26-cv-06575

#1

May 27, 2026

PETITION for Writ of Habeas Corpus, filed by Reynier Yorka-Rojas. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (JHF) (Entered: 05/27/2026)

May 27, 2026

Filing fee received: $5.00, receipt number 100009687. (JHF)

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. (JHF)

May 27, 2026

Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)

#2

Jun 08, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 6/8/26. (JHF)This was mailed to: Petitioner. (Entered: 06/08/2026)

Jun 08, 2026

Clerk emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

#3

Jun 18, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Buffalo Service Processing Center. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 06/18/2026)

#4

Jun 18, 2026

REPLY/RESPONSE to re 2 Order filed by Buffalo Service Processing Center. (Cruz, Chelsea) (Entered: 06/18/2026)

#5

Jun 18, 2026

Letter filed by Buffalo Service Processing Center . (Cruz, Chelsea) (Entered: 06/18/2026)

#6

Jun 22, 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 6/22/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 06/22/2026)

#7

Jun 30, 2026

NOTICE by Buffalo Service Processing Center re 6 Text Order. (Attachments: # 1 Exhibit Order of the Immigration Judge) (Cruz, Chelsea) (Entered: 06/30/2026)

#8

Jul 10, 2026

TEXT ORDER: On June 30, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 7 . 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 17, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/10/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 07/10/2026)

#9

Jul 15, 2026

Mail Returned as Undeliverable in re 8 Text Order, sent to Petitioner. (JHF) (Entered: 07/15/2026)

#10

Jul 20, 2026

TEXT ORDER: On 7/10/2026, 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 7/20/2026. (KSP)This was mailed to: Petitioner at address of record.Clerk to Follow up (Entered: 07/20/2026)

#11

Jul 21, 2026

JUDGMENT in favor of Reynier Yorka-Rojas against Buffalo Service Processing Center. Signed by Clerk on 7/21/26. (JHF) This was mailed to: Petitioner. (Entered: 07/21/2026)

#12

Jul 31, 2026

Mail Returned as Undeliverable in re 10 Text Order, sent to Petitioner. (JHF) (Entered: 07/31/2026)

#13

Jul 31, 2026

Mail Returned as Undeliverable in re 11 Judgment, sent to Petitioner. (JHF) (Entered: 07/31/2026)