Western District of New York • 1:26-cv-01367

#1

Jul 07, 2026

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5891283.), filed by Carlos Dario Loja Pomaquiza. (Attachments: # 1 Civil Cover Sheet)(Borowski, Matthew) (Entered: 07/07/2026)

#2

Jul 08, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by July 22, 2026, and Petitioner's reply is due by July 29, 2026. In their filings, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of this text 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. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 7/8/2026. (KEF) (Entered: 07/08/2026)

Jul 08, 2026

Remark. Chambers sent a copy of Dkt. 1 and Dkt. 2 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

Jul 08, 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. (KKR)

Jul 08, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (KKR)

#3

Jul 22, 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: 07/22/2026)

#4

Jul 22, 2026

REPLY/RESPONSE to re 2 Text Order,, filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Cruz, Chelsea) (Entered: 07/22/2026)

#5

Jul 27, 2026

Letter filed by Carlos Dario Loja Pomaquiza regarding both parties acknowledging that Da Cunha controls and a requesting an order for a bond hearing. (Borowski, Matthew) (Entered: 07/27/2026)

#6

Jul 27, 2026

TEXT ORDER. Respondents concede that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. See Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Dkt. 4. As a result, the immigration court has jurisdiction over a bond hearing, pursuant to Da Cunha. Because Petitioner's detention has not become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than August 10, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 7/27/2026. (KEF)Clerk to follow up. (Entered: 07/27/2026)

#7

Jul 28, 2026

JUDGMENT in favor of Carlos Dario Loja Pomaquiza against David Venturella, Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche. Signed by Andrew W. Moeller, Clerk of Court, on 7/27/2026. (DDS) (Entered: 07/28/2026)