Western District of New York • 6:26-cv-06694

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus, filed by Jose Francisco Escobar Palma. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(MMG) (Entered: 07/08/2026)

#2

Jul 08, 2026

MOTION to Expedite Consideration of Petition for Writ of Habeas Corpus by Jose Francisco Escobar Palma.(MMG) (Entered: 07/08/2026)

#3

Jul 08, 2026

NOTICE of Intent to Supplement the Record by Jose Francisco Escobar Palma re 1 Petition for Writ of Habeas Corpus (MMG) (Entered: 07/08/2026)

Jul 08, 2026

Filing fee: $ 5, receipt number 100009973 (MMG)

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. 636(c) 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.(MMG)

#4

Jul 13, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 6/13/26. (JHF)This was mailed to: Petitioner. (Entered: 07/13/2026)

#5

Jul 13, 2026

TEXT ORDER denying as moot 2 Motion to Expedite in light of the Court's July 13, 2026 Order to Show Cause. ECF No. 4. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/13/26. (NWA)This was mailed to: Petitioner. (Entered: 07/13/2026)

Jul 13, 2026

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

#6

Jul 18, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of The Director of U.S. Immigration and Customs Enforcement, The Facility Administrator of the Buffalo Federal Detention Facility, The Field Office Director of U.S. Immigration and Customs Enforcement (ICE) With Jurisdiction Over Petitioner's Detention, The Secretary of the Department of Homeland Security. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 07/18/2026)

#7

Jul 18, 2026

REPLY/RESPONSE to re 4 Order filed by The Director of U.S. Immigration and Customs Enforcement, The Facility Administrator of the Buffalo Federal Detention Facility, The Field Office Director of U.S. Immigration and Customs Enforcement (ICE) With Jurisdiction Over Petitioner's Detention, The Secretary of the Department of Homeland Security. (Khalil, Adam) (Entered: 07/18/2026)

#8

Jul 20, 2026

Letter filed by The Director of U.S. Immigration and Customs Enforcement, The Facility Administrator of the Buffalo Federal Detention Facility, The Field Office Director of U.S. Immigration and Customs Enforcement (ICE) With Jurisdiction Over Petitioner's Detention, The Secretary of the Department of Homeland Security with ICE documents. (Khalil, Adam) (Entered: 07/20/2026)

#9

Jul 20, 2026

CERTIFICATE OF SERVICE by The Director of U.S. Immigration and Customs Enforcement, The Facility Administrator of the Buffalo Federal Detention Facility, The Field Office Director of U.S. Immigration and Customs Enforcement (ICE) With Jurisdiction Over Petitioner's Detention, The Secretary of the Department of Homeland Security re 8 Letter, 7 Reply/Response, (Khalil, Adam) (Entered: 07/20/2026)

#10

Jul 20, 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 7/20/2026. (KSP)This was mailed to: Petitioner at address of record. (Entered: 07/20/2026)