Western District of New York • 6:25-cv-06699

#1

Nov 21, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5636010.), filed by Jose Altagracia Franco De La Cruz. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 11/21/2025)

Nov 24, 2025

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. (CGJ)

Nov 24, 2025

Case assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (CGJ)

#2

Nov 26, 2025

TEXT ORDER. Petitioner Jose Altagracia Franco De La Cruz, a citizen of Dominican Republic, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 21, 2025, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). Petitioner seeks, among other things, a writ of habeas corpus requiring that Respondents release him unless they provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days. ECF No. 1 at 14. 28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Further, in light of the Court's prior orders on this issue, including its Decision and Order granting relief in Da Cunha v. Freden et al., 25-CV-6532, at ECF No. 31, Respondents are hereby: ORDERED to 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, including through citations to supporting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of this Petition, and a supporting declaration as necessary; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with 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-ImmigrationHabeas@usdoj.gov; and it is further ORDERED that Petitioner shall have 7 days after service of Respondents' return to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[u]nless 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," as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/26/2025. (MVP)Clerk to Follow up (JHF). (Entered: 11/26/2025)

Nov 26, 2025

Clerk regenerated 1 Petition and 2 Text Order electronically sent via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-ImmigrationHabeas@usdoj.gov. (JHF)

#3

Dec 01, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem (Khalil, Adam) (Entered: 12/01/2025)

#4

Dec 02, 2025

Letter filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem re detention authority. (Khalil, Adam) (Entered: 12/02/2025)

#5

Dec 02, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 12/02/2025)

#6

Dec 11, 2025

Letter filed by Jose Altagracia Franco De La Cruz requesting deadline of 12/19/2025 for response to Motion to Dismiss. (Borowski, Matthew) (Entered: 12/11/2025)

#7

Dec 15, 2025

TEXT ORDER granting 6 letter request for an extension of time to respond to Respondents' motion to dismiss. Respondents do not object to the request. Petitioner's response is due on or before December 19, 2025. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/15/2025. (MVP) (Entered: 12/15/2025)

#8

Dec 19, 2025

RESPONSE in Opposition re 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jose Altagracia Franco De La Cruz. (Attachments: # 1 Exhibit Exhibit A - NTA, # 2 Exhibit Campbell Decision, # 3 Exhibit Al Thuraya Decision, # 4 Exhibit Qasemi Decision)(Borowski, Matthew) (Entered: 12/19/2025)

#9

Dec 22, 2025

REPLY/RESPONSE to re 8 Response in Opposition to Motion, 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem. (Khalil, Adam) (Entered: 12/22/2025)

#18

Apr 01, 2026

DECISION AND ORDER memorializing its reasons for denying Respondents' motion to dismiss [ECF No. 5] and granting Petitioner's application for habeas relief [ECF No. 1] to the extent that the Court finds he was detained under 8 U.S.C. 1226(a ) and therefore entitled to a bond hearing under the relevant regulations.The Court notes that consistent with the Court's text order (ECF No. 15), a bond hearing was held for Petitioner on March 5, 2026, at which Petitioner was released on bond in the amount of $6,500. ECF No. 16. On March 20, 2026, the Court explained that it views the issues raised by the petition as resolved unless on or before March 27, 2026, either party objects. Having received no objections by the deadline, the Court dismisses any remaining claims in the petition without prejudice. Therefore, Clerk of Court is directed to enter judgment in favor of Petitioner and close this case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/1/2026. (MVP)Clerk to Follow up