Western District of New York • 6:26-cv-06673

#1

Jun 29, 2026

PETITION for Writ of Habeas Corpus, filed by Tomas M. Ronquillo Rivera. (Attachments: # 1 Envelope) (KKR) (Entered: 06/30/2026)

#2

Jun 29, 2026

MOTION for Temporary Restraining Order by Tomas M. Ronquillo Rivera. (KKR) (Entered: 06/30/2026)

Jun 29, 2026

Filing fee: $ 5.00, receipt number 100009903 (KKR)

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

#3

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 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. Further, 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)Clerk to Follow up Modified on 7/2/2026 to indicate this order was mailed to Petitioner (JCL). (Entered: 07/02/2026)

#4

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. (Entered: 07/07/2026)

Jul 07, 2026

Clerk regenerated 3 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)

#5

Jul 17, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Attorney General, Thomas P. Brophy, Marcos Charles, Todd M. Lyons, Markwayne Mullin, Warden. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/17/2026)

#6

Jul 17, 2026

REPLY/RESPONSE to re 3 Order to Show Cause,,, filed by Attorney General, Thomas P. Brophy, Marcos Charles, Todd M. Lyons, Markwayne Mullin, Warden. (Cruz, Chelsea) (Entered: 07/17/2026)

#7

Jul 17, 2026

Letter filed by Attorney General, Thomas P. Brophy, Marcos Charles, Todd M. Lyons, Markwayne Mullin, Warden . (Cruz, Chelsea) (Entered: 07/17/2026)

#8

Jul 22, 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 7/22/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 07/22/2026)

#9

Jul 30, 2026

NOTICE OF BOND HEARING by Attorney General, Thomas P. Brophy, Marcos Charles, Todd M. Lyons, Markwayne Mullin, Warden re 8 Text Order (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) Modified on 7/30/2026 (TF). (Entered: 07/30/2026)

#10

Aug 12, 2026

TEXT ORDER: On July 30, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 9 . 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 August 19, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/12/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 08/12/2026)

#11

Aug 20, 2026

TEXT ORDER: On August 12, 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 8/20/2026. (KSP)This was mailed to: Petitioner at address of record.Clerk to Follow up (Entered: 08/20/2026)

#12

Aug 21, 2026

JUDGMENT in favor of Tomas M. Ronquillo Rivera dismissing petition without prejudice. Signed by Clerk of Court on 8/21/2026. (TF)This was mailed to: Petitioner. (Entered: 08/21/2026)