Western District of New York • 1:26-cv-01101

#1

May 29, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5845856.), filed by JOSE DANIEL ALVAREZ FERNANDEZ. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 05/29/2026)

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. (MMG)

Jun 01, 2026

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

#2

Jun 02, 2026

ORDERED that within 45 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition; and it is further ORDERED that within 45 days of the date of this Order, Respondents shall file and serve, in addition to the answer, a memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act; and it is further ORDERED that within 45 days of the date of this Order, instead of an answer, Respondents may file a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary; and it is further ORDERED that Petitioner shall have 25 days after service of the answer or motion to dismiss to file a written response; and it is further ORDERED that the Clerk of Court shall serve a copy of the Petition, together with 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. PETITIONER MUST FORWARD A COPY OF ALL FUTURE PAPERS AND CORRESPONDENCE TO THE ATTORNEY APPEARING FOR RESPONDENTS.Signed by Hon. John L. Sinatra, Jr. on 6/2/2026. (DDS) (Entered: 06/02/2026)

Jun 02, 2026

Remark:The Clerk sent a copy of the Petition and the Order 2, 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. (DDS)

#3

Jul 17, 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: 07/17/2026)

#4

Jul 17, 2026

REPLY/RESPONSE to re 2 Order,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Cruz, Chelsea) (Entered: 07/17/2026)

#5

Aug 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 . 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 August 28, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/14/2026. (TDM)Clerk to Follow up (Entered: 08/14/2026)

#6

Aug 14, 2026

JUDGMENT in favor of Jose Daniel Alvarez Fernandez against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court on 8/14/2026. (CGJ) (Entered: 08/14/2026)