Western District of New York • 1:26-cv-01098

#1

May 29, 2026

Emergency PETITION for Writ of Habeas Corpus and Incorporated Memorandum of Law, filed by Danh Tai Tran.(Tills, Stephen) (Entered: 05/29/2026)

May 29, 2026

E-Filing Notification: 1 Emergency PETITION for Writ of Habeas Corpus. No fee received with case opening. Attorney contacted and advised they have 24 hours to resolve matter. (ARS)

#2

Jun 01, 2026

CONTINUATION OF EXHIBITS by Danh Tai Tran. Civil Cover Sheet filed by Danh Tai Tran. (Tills, Stephen) (Entered: 06/01/2026)

Jun 01, 2026

E-Filing Notification: 1 Attorney is directed to file a Civil Cover Sheet (JS-44), pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (ARS)

Jun 01, 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. (ARS)

Jun 01, 2026

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

Jun 01, 2026

Filing fee received: $5.00, receipt number 100009703 (CGJ)

#3

Jun 04, 2026

TEXT ORDER DISMISSING THE PETITION WITH LEAVE TO AMEND. Counsel filed the instant petition on May 29, 2026. Although the petition lists Trong Quy Nguyen as the Petitioner and the substance of the petition refers to Trong Quy Nguyen, the Civil Case Sheet lists Danh Tai Tran as the Petitioner. See ECF Nos. 1, 2. Rule 10(a) of the Federal Rules of Civil Procedure provides that a complaint shall state the names of all the parties. See also Rule 12 of the Rules Governing Section 2254 Cases in the United States District Courts (providing the Fed. R. Civ. P. apply to habeas petitions to the extent they are not inconsistent with any statutory provisions). "The intention of this rule is to apprise parties of who their opponents are and to protect the public's legitimate interest in knowing the facts at issue in court proceedings." Doe v. Shakur, 164 F.R.D. 359, 360 (S.D.N.Y. 1996). Because the Court cannot readily determine who the Petitioner actually is in the instant case, the petition [ECF No. 1.] is dismissed with leave to amend within 30 days from the date of this order. If Petitioner does not file an amended petition by the deadline set forth above, the petition will remain dismissed and the Clerk of Court shall close this case without further order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 6/4/2026. (MVP) (Entered: 06/04/2026)

#4

Jun 04, 2026

CONTINUATION OF EXHIBITS by Danh Tai Tran. Emergency Petition for Writ of Habeas Corpus and Inc. Memo. of Law filed by Danh Tai Tran. (Tills, Stephen) (Entered: 06/04/2026)

#5

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

Jun 04, 2026

Clerk emailed 4 Petition and 5 Order to USANYW-Immigration-Habeas@usdoj.gov (CGJ)

#6

Jun 05, 2026

AMENDED Verified Emergency Petition for Writ of Habeas Corpus and Incorporated Memorandum of Law by Danh Tai Tran.(Tills, Stephen) Modified on 6/5/2026 (CGJ). (Entered: 06/05/2026)

Jun 05, 2026

E-Filing Notification: re 6 Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. (CGJ)

#7

Jun 08, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 06/08/2026)

#8

Jun 08, 2026

REPLY/RESPONSE to re 5 Order,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Cruz, Chelsea) (Entered: 06/08/2026)

#9

Jun 08, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney . (Cruz, Chelsea) (Entered: 06/08/2026)

#10

Jun 17, 2026

TEXT ORDER granting Petitioner's request for a bond hearing. ECF No. 6 .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. 6. 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 6/17/2026. (MVP) (Entered: 06/17/2026)

#11

Jun 24, 2026

NOTICE by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re 10 Text Order,,,,,,,,, (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 06/24/2026)