Western District of New York • 6:26-cv-06672

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus, filed by Nelson Bolivar Santos Catota, Dolores Isabel Guallpa Paucar. (Attachments: # 1 Verified Petition) (KKR) (Additional attachment(s) added on 6/29/2026: # 2 Civil Cover Sheet, # 3 Envelope) (KKR). (Entered: 06/29/2026)

#2

Jun 29, 2026

MOTION for Leave to Proceed in forma pauperis by Dolores Isabel Guallpa Paucar, Nelson Bolivar Santos Catota. (KKR) (Entered: 06/29/2026)

#3

Jun 29, 2026

MOTION for Temporary Restraining Order by Dolores Isabel Guallpa Paucar, Nelson Bolivar Santos Catota. (KKR) (Entered: 06/29/2026)

Jun 29, 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. Clerk mailed to petitioners the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)

Jun 29, 2026

Filing fee: $ 5.00, receipt number 100009904 (KKR)

#4

Jul 02, 2026

ORDER TO SHOW CAUSE. The parties are responsible for reviewing the full contents of the attached order, however, the Court highlights that the Clerk of Court is directed to terminate Petitioner Guallpa Paucar from this case in her own individual capacity, and serve a copy of the Petition, ECF No. 1, and 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.For the reasons discussed in the attached order, Guallpa Paucar's claims in her individual capacity are dismissed, but she is provisionally granted "next friend" status to pursue claims on behalf of Petitioner Santos Catota. Respondents' return to the order to show cause is due within ten (10) days, and Respondents must refrain from transferring Petitioner out of the Western District of New York until the Court can determine whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 07/02/2026. (JCL)This was mailed to: Petitioners Santos Catota and Guallpa Paucar.Clerk to Follow up (Entered: 07/02/2026)

#5

Jul 02, 2026

ORDER. It appears that Petitioner paid the $5.00 filing required to proceed with this petition. Accordingly, the Court dismisses as moot Petitioners' 2 Motion for Leave to Proceed in forma pauperis. Signed by Hon. Meredith A. Vacca on 07/02/2026. (JCL)This was mailed to: Petitioners Santos Catota and Guallpa Paucar. (Entered: 07/02/2026)

#6

Jul 07, 2026

TEXT ORDER. On July 2, 2026, the Court issued an Order giving Respondents 10 days to show cause why Petitioner's requested relief should not be granted. Because Respondents were not served with this Order until 7/7/2026, their response to the Court's Order to Show Cause is due on 7/17/2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 07/07/2026. (JCL)This was mailed to: Pro Se Petitioner and his Next Friend. (Entered: 07/07/2026)

Jul 07, 2026

Clerk regenerated 4 Order to Show Cause and emailed copy of 1 Petition to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. (JHF)

Jul 09, 2026

The Clerks Office has corrected the address of Dolores Isabel Guallpa Paucar to 43 Curtis Street, Rochester, NY 14606. (KKR)

#7

Jul 17, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Acting Director, U.S. Immigration and Customs Enforcement, Pamela Bondi, Field Office Director, ICE Enforcement and Removal Operations - Buffalo, Kristi Noem, Warden, Buffalo Federal Detention Facility. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/17/2026)

#8

Jul 17, 2026

REPLY/RESPONSE to re 4 Order to Show Cause,,,, filed by Acting Director, U.S. Immigration and Customs Enforcement, Pamela Bondi, Field Office Director, ICE Enforcement and Removal Operations - Buffalo, Kristi Noem, Warden, Buffalo Federal Detention Facility. (Cruz, Chelsea) (Entered: 07/17/2026)

#9

Jul 17, 2026

Letter filed by Acting Director, U.S. Immigration and Customs Enforcement, Pamela Bondi, Field Office Director, ICE Enforcement and Removal Operations - Buffalo, Kristi Noem, Warden, Buffalo Federal Detention Facility . (Cruz, Chelsea) (Entered: 07/17/2026)

#10

Aug 19, 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 8/19/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 08/19/2026)

#11

Aug 24, 2026

AMENDED PETITION for Writ of Habeas Corpus, filed by Nelson Bolivar Santos Catota.(TF) (Entered: 08/25/2026)

#12

Aug 26, 2026

NOTICE by Acting Director, U.S. Immigration and Customs Enforcement, Pamela Bondi, Field Office Director, ICE Enforcement and Removal Operations - Buffalo, Kristi Noem, Warden, Buffalo Federal Detention Facility re 10 Text Order,,,,,,,,, (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 08/26/2026)

#13

Sep 11, 2026

MOTION for Leave to participate in electronic filing by Petitioner, by Nelson Bolivar Santos Catota.(TF) (Entered: 09/14/2026)

#14

Sep 16, 2026

MOTION immediate release by Nelson Bolivar Santos Catota.(TF) (Entered: 09/16/2026)

#15

Sep 23, 2026

VACATED Per #16 Text Order filed on 9/23/2026 - TEXT ORDER. With Plaintiff's consent, the time to answer or otherwise respond is extended to December 2, 2026 for Defendants Davidson Fink LLP, David L. Rasmussen, Esq., Glenn M. Fjermedal, Esq., Robert L. Galbraith, Jr., Esq., Corning Federal Credit Union a/k/a Corning Credit Union, Gary Grinell, Timothy Montanye, and Charlie Wood. SO ORDERED. Signed by Hon. Meredith A. Vacca on 09/23/2026. (JCL) Modified on 9/24/2026 (TF). (Entered: 09/23/2026)

#16

Sep 23, 2026

TEXT ORDER VACATING ECF NO. 15 as filed in the wrong case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 09/23/2026. (JCL)Clerk to Follow up (Entered: 09/23/2026)