Western District of New York • 1:26-cv-01247

#1

Jun 17, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5869124.), filed by Miguel Francisco Chacon Borja. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 06/17/2026)

Jun 18, 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 18, 2026

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

#2

Jun 22, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 6/22/2026. (DDS) (Entered: 06/22/2026)

Jun 22, 2026

Remark: The Clerk emailed a copy of the Petition, (Dkt.1) and a copy of Order (Dkt.2), to the United States Attorneys Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (DDS)

#3

Jul 06, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/06/2026)

#4

Jul 06, 2026

REPLY/RESPONSE to re 2 Order to Show Cause filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Cruz, Chelsea) (Entered: 07/06/2026)

#5

Jul 06, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella . (Cruz, Chelsea) (Entered: 07/06/2026)

#6

Jul 07, 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 release or a bond hearing. ECF No. 1. 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 7/7/2026. (MVP) (Entered: 07/07/2026)

#7

Jul 20, 2026

NOTICE by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re 6 Text Order,,,,,,,,, (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 07/20/2026)

#8

Jul 22, 2026

TEXT ORDER: On July 20, 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 29, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/22/2026. (KSP) (Entered: 07/22/2026)

#9

Jul 22, 2026

Entry made in error. Please disregard. TEXT ORDER: On July 13, 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 7/22/2026. (KSP)Clerk to Follow up Modified pursuant to 11 Text Order on 7/31/2026 (RE). (Entered: 07/22/2026)

#10

Jul 23, 2026

VACATED pursuant to 11 Text Order: JUDGMENT in favor of Miguel Francisco Chacon Borja against David Venturella, Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 7/23/2026. (DDS) Modified on 7/31/2026 (RE). (Entered: 07/23/2026)

#11

Jul 23, 2026

TEXT ORDER re. 9, 10 . The text order issued at ECF No. 9 was entered in this matter in error. The parties should disregard that order, and the Clerk's Office is directed to re-open this case. The Court's order at ECF No. 8 still applies. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/23/26. (NWA)Clerk to Follow up (Entered: 07/23/2026)

#13

Jul 31, 2026

TEXT ORDER: On July 22, 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 7/31/2026. (KSP)Clerk to Follow up (Entered: 07/31/2026)

#14

Jul 31, 2026

JUDGMENT closing the case. Signed by Andrew W. Moeller, Clerk of Court on 7/31/26. (RE) (Entered: 07/31/2026)