Western District of New York • 1:26-cv-01192

#1

Jun 10, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number BNYWDC-5859869.), filed by Jose Lorenzo Macario Suy.(Fankbonner, Edgar) (Entered: 06/10/2026)

#2

Jun 10, 2026

Emergency MOTION for Order to Show Cause by Jose Lorenzo Macario Suy.(Fankbonner, Edgar) (Entered: 06/10/2026)

#3

Jun 10, 2026

AFFIRMATION signed by Edgar Loy Fankbonner, Esq. re 2 Emergency MOTION for Order to Show Cause, 1 Petition for Writ of Habeas Corpus filed by Jose Lorenzo Macario Suy . (Fankbonner, Edgar) (Entered: 06/10/2026)

#4

Jun 10, 2026

AMENDED DOCUMENT by Jose Lorenzo Macario Suy. Amendment to 1 Petition for Writ of Habeas Corpus (Civil Cover Sheet Attached). (Attachments: # 1 Civil Cover Sheet)(Fankbonner, Edgar) (Entered: 06/10/2026)

#5

Jun 11, 2026

TEXT ORDER re: 4 Petition for Writ of Habeas Corpus. The Second Circuit issued a decision in Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), holding that noncitizens who are present in the United States after entering without inspection and admission and who were not apprehended at or near the border at the time of entry are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226(a). In addition, this Court issued Decisions and Orders in Ivonin v. Rhoney, No. 6:25-CV-06673 EAW, 2026 WL 199283 (W.D.N.Y. Jan. 26, 2026) and Ab-Rahim v. Marich, No. 6:26-CV-06005-EAW, 2026 WL 279113, at *1 (W.D.N.Y. Feb. 3, 2026), holding that the detention of noncitizens following expiration of parole is also governed by 8 U.S.C. § 1226(a), and not § 1225(b)(2). The Court has also concluded based on the circumstances in these cases and a balancing of the factors under Mathews v. Eldridge, 424 U.S. 319 (1976), that constitutional due process requires the burden to be on the government at the bond hearing to establish dangerousness or flight risk by clear and convincing evidence. See, e.g., Lieogo v. Freden, No. 6:25-CV-06615 EAW, 2025 WL 3290694, at *4-5 (W.D.N.Y. Nov. 26, 2025).Accordingly, Respondents are hereby ORDERED TO SHOW CAUSE on or before June 17, 2026, why, in light of those decisions, the petition in this case should not be granted to the extent that it seeks an order requiring that Petitioner receive a bond hearing pursuant to 8 U.S.C. § 1226(a).Pending a resolution of the petition and because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel, see 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."), Respondents are temporarily enjoined from transferring Petitioner outside this District pending a resolution of this matter. This temporary order extends to the transfer of Petitioner outside the country so as to maintain the status quo and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted.The Clerk's Office is directed to serve a copy of the petition and 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. Signed by Hon. Elizabeth A. Wolford on 06/11/2026. (JKS)Clerk to Follow up (Entered: 06/11/2026)

Jun 11, 2026

Remark: Clerk's Office emailed copy of 4 Petition and 5 Text Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

Jun 11, 2026

Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of online civil opening. (MMG)

Jun 11, 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)

#6

Jun 12, 2026

ORDER TO SHOW CAUSE. Hearing set for June 17, 2026, at 10:00 a.m. in US Courthouse, 100 State Street, Rochester NY 14614. Signed by Hon. Elizabeth A. Wolford on 06/12/2026. (MGB)Clerk to Follow up (Entered: 06/12/2026)

#7

Jun 15, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Todd M. Lyons, Markwayne Mullin. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 06/15/2026)

#8

Jun 15, 2026

REPLY/RESPONSE to re 5 Text Order,,,,,,,,,,,,, Terminate Motions,,,,,,,,,,,, filed by Michael Ball, Todd Blanche, Todd M. Lyons, Markwayne Mullin. (Khalil, Adam) (Entered: 06/15/2026)

Jun 15, 2026

Remark: Clerks Office Substituted James Bausch for Micheal Ball per Order #6. (TME)

#9

Jun 17, 2026

Letter filed by Michael Ball, Todd Blanche, Todd M. Lyons, Markwayne Mullin with Form I-286. (Khalil, Adam) (Entered: 06/17/2026)

#10

Jun 17, 2026

TEXT ORDER memorializing deadlines set at June 17, 2026 order to show cause hearing. For the reasons discussed on the record, including but not limited to the fact that Petitioner's presence in the district is necessary to support the Court's resolution of the issues in the petition, Petitioner was in transit at the time the Court's temporary restraining order was entered, and in order to ensure that appropriate Second Circuit standards are applied, Respondents are directed to return Petitioner to the Western District of New York within 7 days from today. The Court notes that Respondents have already complied with the Court's directive to provide the Court with an update on the provision of Form I-286 to Petitioner. (Dkt. 9). In addition, as will be set forth in a more robust decision, within 7 days from Petitioner's return to the Western District of New York and in no event later than 14 days from today, Respondents are directed to provide Petitioner with a bond hearing before an immigration judge with the burden on the government to establish dangerousness or flight risk by clear and convincing evidence. In deciding whether the government has met its burden of proof, the immigration judge must consider whether less-restrictive alternatives to detention can reasonably address the government's interest in Petitioner's continued detention. Finally, Respondents are directed to provide the Court with the transcript from Petitioner's first bond hearing within 7 days. Although not required, if any party wishes to supplement the record, they must do so within 5 days from the filing of the hearing transcript. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/17/2026. (MGB) (Entered: 06/17/2026)

#11

Jun 17, 2026

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Edgar Loy Fankbonner, Esq., via video, on behalf of petitioner; Adam A. Khalil, AUSA on behalf of respondents. Show Cause Hearing held on 6/17/2026. Petitioner is ordered to be returned to this district/NYS within 7 days for reasons as stated on the record. In addition, it is ordered that within 7 days from Petitioner's return to the WDNY, and not later than 14 days from this appearance date, a (another) bond hearing be held. Respondent is also directed to supplement the record by providing the transcript of the prior immigration proceeding/bond hearing within 7 days. Any further supplemental filing to be filed within 5 days thereafter. (Court Reporter Karen Clark.) (DPS) (Entered: 06/18/2026)

#12

Jun 22, 2026

Letter filed by Michael Ball, Todd Blanche, Todd M. Lyons, Markwayne Mullin with transcript of first bond hearing. (Khalil, Adam) (Entered: 06/22/2026)

#13

Jun 23, 2026

Letter filed by Michael Ball, Todd Blanche, Todd M. Lyons, Markwayne Mullin confirming return of Petitioner to WDNY. (Khalil, Adam) (Entered: 06/23/2026)

#14

Jun 29, 2026

DECISION AND ORDER directing Petitioner's return to the Western District of New York and granting petition 1 to the extent Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 06/29/2026. (MGB)

#15

Jul 02, 2026

Letter filed by Michael Ball, Todd Blanche, Todd M. Lyons, Markwayne Mullin re bond hearing. (Khalil, Adam) (Entered: 07/02/2026)

#16

Jul 02, 2026

TEXT ORDER. On July 2, 2026, Respondents informed the Court that a bond hearing was held and bond was denied. (Dkt. 15). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before July 10, 2026, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/02/2026. (JKS) (Entered: 07/02/2026)