Western District of New York • 6:26-cv-06742

#1

Jul 22, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5910270.), filed by Manuel Gonzalo Criollo-Alvarracin. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Exhibit A - ICE Detainee Locator Results, # 3 Exhibit Exhibit B - Automated Case Information System, # 4 Exhibit Exhibit C- I-130 Receipt Notice)(Soto, Andrea) (Entered: 07/22/2026)

Jul 22, 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 22, 2026

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

#2

Jul 23, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 7/23/26. (JHF) (Entered: 07/23/2026)

Jul 23, 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)

#3

Aug 03, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Todd Blanche, Joseph Freden, Todd M. Lyons, Markwayne Mullin. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 08/03/2026)

#4

Aug 03, 2026

REPLY/RESPONSE to re 2 Order filed by Todd Blanche, Joseph Freden, Todd M. Lyons, Markwayne Mullin. (Cruz, Chelsea) (Entered: 08/03/2026)

#5

Aug 03, 2026

REPLY/RESPONSE to re 4 Reply/Response, 1 Petition for Writ of Habeas Corpus, filed by Manuel Gonzalo Criollo-Alvarracin. (Soto, Andrea) (Entered: 08/03/2026)

#6

Aug 19, 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 8/19/2026. (KSP) (Entered: 08/19/2026)

#7

Aug 26, 2026

NOTICE by Todd Blanche, Joseph Freden, Todd M. Lyons, Markwayne Mullin re 6 Text Order,,,,,,,,, of Bond Hearing (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 08/26/2026)

#8

Aug 28, 2026

TEXT ORDER: On August 26, 2026, Respondents informed the Court that a bond hearing was held. ECF No. 7 . The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before September 4, 2026, either party objects. SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/28/2026. (KSP) (Entered: 08/28/2026)