Western District of New York • 1:26-cv-01266

#1

Jun 18, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5869826.), filed by PABLO EDUARDO CHACON LABARCA. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Entered: 06/18/2026)

Jun 22, 2026

E-Filing Notification re 1 PETITION for Writ of Habeas Corpus: The Court replaced Attachment 1 to fit the document to the page. (MMG)

Jun 22, 2026

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

Jun 22, 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)

#2

Jun 30, 2026

ORDER TO SHOW CAUSE. The parties are responsible for reviewing the full contents of the attached order, however, the Court highlights that Respondents return to the order to show cause is due within ten (10) days, and that Respondents are temporarily enjoined from transferring Petitioner out of the Western District of New York. Signed by Hon. Meredith A. Vacca on 6/30/2026. (TME) (Entered: 06/30/2026)

Jun 30, 2026

Remark: Clerk emailed 1 Petition and 2 Order to Show Cause to USANYW-Immigration-Habeas@usdoj.gov. (TME)

#3

Jul 08, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/08/2026)

#4

Jul 08, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Cruz, Chelsea) (Entered: 07/08/2026)

#5

Jul 08, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney . (Cruz, Chelsea) (Entered: 07/08/2026)

#6

Jul 09, 2026

TEXT ORDER. Petitioner was arrested and detained on May 14, 2026--over four years after his parole into the United States expired. See De La Cruz v. Rhoney, No. 25-CV-6699-MAV, 2026 WL 891658 (W.D.N.Y. April 1, 2026) (holding that a petitioner who had been present in the country for a period of years following expiration of his parole was detained pursuant to 8 U.S.C. § 1226(a) and was therefore entitled to a bond hearing under existing federal regulations). Respondents concede that 8 U.S.C. § 1226(a) applies to Petitioner's current detention. ECF No. 4. Respondents argue that a bond hearing, with the burden on Petitioner, is the only appropriate remedy in this case. Id.However, Petitioner did not seek a bond hearing as an alternate form of relief in his petition, and his three claims for relief pertain exclusively to the alleged unlawfulness of Respondents' actions in arresting and detaining him at all. See ECF No. 1 at 11-18. Further, although neither party mentions or discusses this fact, records provided by Respondents show that Petitioner had a bond hearing before an immigration judge on June 10, 2026, before he filed the instant petition. ECF No. 5 at 16-17. The Court also notes that the records submitted by Respondents do not include an arrest warrant (I-200) or a Notice of Custody Determination (I-286) associated with Petitioner's current detention. Although the Court appreciates Respondents' attempt to streamline resolution of this case, the Court finds that "a more exhaustive and fulsome opposition brief," ECF No. 4 at 3, is required here. Respondents shall file a supplemental return to Counts I and II only of the petition, ECF No. 1, on or before July 22, 2026.Based on the filings to date, the Court dismisses Count III of the petition, which alleges a violation of the Administrative Procedure Act for "failure to comply with regulatory mandate and Accardi doctrine," by terminating Petitioner's parole without written notice. ECF No. 1 at 16-17 (citing 8 C.F.R. § 212.5(e)(2)(i)). The notice provision of § 212.5(e)(2)(i) does not apply to Petitioner's circumstances by the plain language of the regulations. 8 C.F.R. § 212.5(e)(1) provides, "[p]arole shall be automatically terminated without written notice (i) upon the departure from the United States of the alien, or, (ii) if not departed, at the expiration of the time for which parole was authorized, and in the latter case the alien shall be processed in accordance with paragraph (e)(2) of this section except that no written notice shall be required. (Emphases added.) Here, Petitioner's parole was authorized until April 15, 2022, ECF No. 5 at 5, at which point it "automatically terminated," and thus no additional written notice was required, 8 C.F.R. § 212.5(e)(1). The Court does not require further briefing from either party to conclude that Count III as pleaded does not state a claim for relief under 28 U.S.C. § 2241. Upon receipt of Respondents' supplemental return, the Court will notify the parties if it determines that an evidentiary hearing is warranted.SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/9/26. (NWA) (Entered: 07/09/2026)

#7

Jul 22, 2026

REPLY/RESPONSE to re 6 Text Order,,,,,,,,,,,,, filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cruz, Chelsea) (Entered: 07/22/2026)

#8

Aug 14, 2026

DECISION AND ORDER granting the petition, ECF No. 1, to the extent that Respondents shall release Petitioner from custody within 24 hours and shall return to Petitioner all of his seized property should any exist. Respondents shall file a letter by Monday, August 17, 2026, confirming compliance with this Decision and Order. Signed by Hon. Meredith A. Vacca on 8/14/26. (NWA)

#9

Aug 17, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney confirming Petitioner's release. (Cruz, Chelsea) (Entered: 08/17/2026)