Western District of New York • 1:26-cv-01402

#1

Jul 14, 2026

Emergency PETITION for Writ of Habeas Corpus and Incorporated Memorandum of Law ( Filing fee $ 5 receipt number ANYWDC-5898836.), filed by Fabio Greter Borges. (Attachments: # 1 Civil Cover Sheet)(Tills, Stephen) (Entered: 07/14/2026)

Jul 15, 2026

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

Jul 15, 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. (MMG)

#2

Jul 20, 2026

ORDER TO SHOW CAUSE that Respondents show cause within 10 days of the date upon which they receive service why Petitioners requested relief pursuant to 28 U.S.C. § 2241 should not be granted. Respondents shall refrain from transferring Petitioner out of the Western District of New York until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 7/20/2026. (TME) (Entered: 07/20/2026)

Jul 20, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 2 Order to Show Cause to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

#3

Jul 29, 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: 07/29/2026)

#4

Jul 29, 2026

REPLY/RESPONSE to re 2 Order to Show Cause, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Cruz, Chelsea) (Entered: 07/29/2026)

#5

Jul 31, 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 7/31/2026. (KSP) (Entered: 07/31/2026)

#6

Aug 10, 2026

NOTICE by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney re 5 Text Order,,,,,,,,, of Bond Hearing (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 08/10/2026)

#7

Aug 12, 2026

TEXT ORDER: On August 10, 2026, Respondents informed the Court that a bond hearing was held. Dkt. No. 6 . 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) (Entered: 08/12/2026)

#8

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)Clerk to Follow up (Entered: 08/20/2026)

#9

Aug 21, 2026

JUDGMENT in favor of Fabio Greter Borges against James Bausch, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 8/21/2026. (DDS) (Entered: 08/21/2026)