Western District of New York • 1:26-cv-01360

#1

Jul 07, 2026

First PETITION for Writ of Habeas Corpus AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF(28 U.S.C. § 2241) ( Filing fee $ 5 receipt number ANYWDC-5889162.), filed by Alexandre da Silva Pimentel. (Attachments: # 1 Exhibit Exhibit List, # 2 Text of Proposed Order Proposed Order, # 3 Civil Cover Sheet Civil Cover Sheet)(Zuccaro, Brian) (Entered: 07/07/2026)

#2

Jul 07, 2026

Summons Returned Unexecuted by Alexandre da Silva Pimentel as to FACILITY ADMINISTRATOR, Tammy Marich, Markwayne Mullin, David Venturella. (Zuccaro, Brian) (Entered: 07/07/2026)

#3

Jul 07, 2026

First MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-5889236.) by Alexandre da Silva Pimentel. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Exhibit List)(Zuccaro, Brian) (Entered: 07/07/2026)

#4

Jul 07, 2026

First MOTION for Temporary Restraining Order by Alexandre da Silva Pimentel. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zuccaro, Brian) (Entered: 07/07/2026)

#5

Jul 07, 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 of being served with the order, 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 07/07/2026. (JCL)Clerk to Follow up (Entered: 07/07/2026)

Jul 07, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 5 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

Jul 07, 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. (ARS)

Jul 07, 2026

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

#6

Jul 17, 2026

REPLY/RESPONSE to re 5 Order to Show Cause,,, filed by Facility Administrator, Tammy Marich, Markwayne Mullin, David Venturella. (Cruz, Chelsea) (Entered: 07/17/2026)

#7

Jul 17, 2026

Letter filed by Facility Administrator, Tammy Marich, Markwayne Mullin, David Venturella . (Cruz, Chelsea) (Entered: 07/17/2026)

#8

Jul 20, 2026

REPLY/RESPONSE to re 7 Letter, 6 Reply/Response Petitioners Reply In Support Of Habeas Relief And Immediate Release filed by Alexandre da Silva Pimentel. (Attachments: # 1 Exhibit Exhibit List)(Kalil, Clarissa) (Entered: 07/20/2026)

#9

Jul 20, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Facility Administrator, Tammy Marich, Markwayne Mullin, David Venturella. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/20/2026)

#10

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) (Entered: 07/22/2026)

#11

Jul 30, 2026

NOTICE by Facility Administrator, Tammy Marich, Markwayne Mullin, David Venturella re 10 Text Order,,,,,,,,, (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 07/30/2026)

#12

Jul 31, 2026

First MOTION to Enforce Judgment by Alexandre da Silva Pimentel. (Attachments: # 1 Text of Proposed Order Proposed Order)(Kalil, Clarissa) (Entered: 07/31/2026)

#13

Aug 03, 2026

TEXT SCHEDULING ORDER: On July 31, 2026, Petitioner filed an "emergency motion to clarify or enforce order." ECF No. 12. Respondents' response to Petitioner's motion is due on or before August 17, 2026. Respondents are directed to provide a copy of the transcript from the bond hearing before the Immigration Judge with their response.Petitioner's Reply is due August 24, 2026. In his Reply, Petitioner must indicate whether he admits or denies the correctness of the transcript of Petitioner's bond hearing provided by Respondents. See Rule 7(c) of the Rules Governing Habeas Cases in the United States District Court (the Court "must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness."). If Petitioner denies the correctness of the transcript, he must provide a brief explanation of the basis for his response.Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Meredith A. Vacca on 08/03/2026. (JCL) (Entered: 08/03/2026)