Western District of New York • 6:26-cv-06697

#1

Jul 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5893234.), filed by Luis Polivio Guaman Morocho.(Gutierrez, Mario) (Entered: 07/08/2026)

#2

Jul 08, 2026

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus . (Gutierrez, Mario) (Entered: 07/08/2026)

Jul 09, 2026

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

Jul 09, 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. (KKR)

#3

Jul 10, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by July 23, 2026, and Petitioner's reply is due by July 30, 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 7/10/2026. (KEF) (Entered: 07/10/2026)

Jul 10, 2026

Remark. Chambers sent Dkt. 1 and Dkt. 3 to USANYW-Immigration-Habeas@usdoj.gov. (KEF)

#4

Jul 23, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/23/2026)

#5

Jul 23, 2026

REPLY/RESPONSE to re 3 Text Order,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Cruz, Chelsea) (Entered: 07/23/2026)

#6

Jul 29, 2026

REPLY/RESPONSE to re 5 Reply/Response, 3 Text Order, Letter re no intent to file reply filed by Luis Polivio Guaman Morocho. (Gutierrez, Mario) (Entered: 07/29/2026)

#7

Jul 29, 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. 5. 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 12, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 7/29/2026. (KEF)Clerk to follow up. (Entered: 07/29/2026)

#8

Jul 30, 2026

JUDGMENT in favor of Luis Polivio Guaman Morocho against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Clerk on 7/30/26. (JHF) (Entered: 07/30/2026)

#9

Aug 22, 2026

MOTION to Reopen Case for Limited Purpose, for Leave to File Amended and Supplemental Petition, to Enforce the July 29, 2026 Order, and for Immediate Release by Luis Polivio Guaman Morocho. (Attachments: # 1 Memorandum in Support, # 2 Affidavit Atty Affirmation, # 3 Exhibit Amended Habeas, # 4 Exhibit Order of Immigration Judge, # 5 Exhibit DHS ATD and I-213, # 6 Exhibit Notice to Appear, # 7 Exhibit Pertinent Bond Motion Papers, # 8 Text of Proposed Order)(Gutierrez, Mario) (Entered: 08/22/2026)

#10

Aug 24, 2026

TEXT ORDER re Petitioner's 9 Motion to Reopen Case for Limited Purpose, for Leave to File Amended and Supplemental Petition, to Enforce the July 29, 2026 Order, and for Immediate Release. Respondents shall respond by September 3, 2026. Petitioner's reply is due by September 8, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 8/24/2026. (KEF) (Entered: 08/24/2026)

#11

Sep 03, 2026

RESPONSE in Opposition re 9 MOTION to Reopen Case for Limited Purpose, for Leave to File Amended and Supplemental Petition, to Enforce the July 29, 2026 Order, and for Immediate Release filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Attachments: # 1 Exhibit A)(Cruz, Chelsea) (Entered: 09/03/2026)