Western District of New York • 6:26-cv-06734

Nhaty v. Ball

Completed

Case Information

Filed: July 19, 2026
Assigned to: John Leonard Sinatra Jr.
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 11, 2026
Last Activity: August 11, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 19, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5906592.), filed by Alexandre Nhaty. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, NTA, # 3 Exhibit B, Order of Release, # 4 Exhibit C, EOIR Case Status re. pending case)(Berger, Aliza) (Entered: 07/19/2026)
Main Document: Emergency PETITION
Jul 20, 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)
Jul 20, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (KKR)
#2
Jul 21, 2026
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by August 4, 2026, and Petitioner's reply is due by August 11, 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 7/21/2026. (MFE). (Entered: 07/21/2026)
#3
Jul 21, 2026
Remark. Chambers emailed Petition 1 to USANYW-Immigration-Habeas@usdoj.gov.. (MFE). (Entered: 07/21/2026)
#4
Aug 04, 2026
NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Michael Ball, Todd Blanche, Executive Office for Immigration Review (EOIR), Markwayne Mullin, David Venturella. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 08/04/2026)
#5
Aug 04, 2026
REPLY/RESPONSE to re 2 Text Order, filed by Michael Ball, Todd Blanche, Executive Office for Immigration Review (EOIR), Markwayne Mullin, David Venturella. (Cruz, Chelsea) (Entered: 08/04/2026)
Main Document: REPLY/RESPONSE
#6
Aug 07, 2026
REPLY/RESPONSE to re 5 Reply/Response filed by Alexandre Sumbo Nhaty. (Berger, Aliza) (Entered: 08/07/2026)
Main Document: REPLY/RESPONSE
#7
Aug 10, 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 at 2. 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 24, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/10/2026. (MFE).Clerk to Follow up (Entered: 08/10/2026)
#8
Aug 11, 2026
JUDGMENT in favor of Alexandre Sumbo Nhaty against Executive Office for Immigration Review (EOIR), David Venturella, Markwayne Mullin, Michael Ball, Todd Blanche. Signed by Clerk on 8/11/26. (JHF) (Entered: 08/11/2026)
Main Document: JUDGMENT