Western District of New York • 6:26-cv-06735

#1

Jul 20, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5906662.), filed by Luigui Alessandro Quiros Acuna. (Attachments: # 1 Civil Cover Sheet, # 2 Appearance Form, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C) (Thomas, Jason) (Attachment 1 replaced on 7/20/2026) (KKR). (Entered: 07/20/2026)

#2

Jul 20, 2026

First MOTION for Temporary Restraining Order by Luigui Alessandro Quiros Acuna.(Thomas, Jason) (Entered: 07/20/2026)

#3

Jul 20, 2026

TEXT ORDER denying Petitioner's 2 Motion for a Temporary Restraining Order. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). The Court also denies Petitioner's request for an order enjoining Respondents from removing him from the United States during the pendency of this action because 8 U.S.C. § 1252(g) bars this Court from ordering such relief. See Reno v. Am.-Arab Anti-Discrimination Comm., 525 U.S. 471, 482 (1999); Delgado v. Quarantillo, 643 F.3d 52, 53 (2d Cir. 2011). Respondents shall respond to the petition by August 3, 2026, and Petitioner's reply is due by August 10, 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), the TRO motion (Dkt. 2), 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 7/20/2026. (MFE). (Entered: 07/20/2026)

#4

Jul 20, 2026

Remark. Chambers emailed the Petition 1, the Motion for a Temporary Restraining Order 2, and a copy of the text order at Dkt. 3 to USANYW-Immigration-Habeas@usdoj.gov. (MFE). (Entered: 07/20/2026)

Jul 20, 2026

E-Filing Notification re 1 PETITION: Attachment 1 was flattened and replaced. For future reference, please ensure that all documents are flattened prior to filing. (KKR)

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)

#5

Aug 03, 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: 08/03/2026)

#6

Aug 03, 2026

REPLY/RESPONSE to re 3 Text Order filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Cruz, Chelsea) Modified on 8/4/2026 (JHF). (Entered: 08/03/2026)

Aug 04, 2026

E-Filing Notification: Clerk revised the docket text of 6 REPLY/RESPONSE to clarify the filing event. (JHF)

#7

Aug 12, 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. 6 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 26, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 8/12/2026. (MFE). Clerk to Follow up (Entered: 08/12/2026)

#8

Aug 13, 2026

JUDGMENT in favor of Luigui Alessandro Quiros Acuna against David Venturella, Markwayne Mullin, Michael Ball, Philip Rhoney, Todd Blanche. Signed by Clerk of Court on 8/13/26. (JHF) (Entered: 08/13/2026)