Western District of New York • 1:26-cv-01537

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5918692.), filed by Astete Carrion Jesus, Mian Fezan. (Attachments: # 1 Exhibit A Detainee Locator for Mian Fezan, # 2 Exhibit B. Detainee Locator for Jesus Astete Carrion, # 3 Civil Cover Sheet)(Manley, Kathy) (Attachment 3 replaced on 7/29/2026) (MMG). (Entered: 07/28/2026)

Jul 29, 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)

Jul 29, 2026

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

Jul 29, 2026

E-Filing Notification re 1 PETITION for Writ of Habeas Corpus: The Court replaced Attachment 3 to flatten the document. (MMG)

#2

Aug 02, 2026

Letter filed by Jesus Astete Carrion URGENTLY requesting Order Enjoining Transfer. (Manley, Kathy) (Entered: 08/02/2026)

#3

Aug 03, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 8/3/2026. (TME)Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf of this document for future reference. (Entered: 08/03/2026)

#4

Aug 03, 2026

TEXT ORDER denying as moot 2 Letter Request Enjoining Transfer in light of the Courts August 3, 2026 Order to Show Cause. SO ORDERED.(TME) (Entered: 08/03/2026)

Aug 03, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 3 Order to Show Cause to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

#5

Aug 12, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 08/12/2026)

#6

Aug 12, 2026

REPLY/RESPONSE to re 3 Order to Show Cause, filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Khalil, Adam) (Entered: 08/12/2026)

#7

Aug 12, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella with additional ICE documents for Petitioner Carrion. (Khalil, Adam) (Entered: 08/12/2026)

#8

Aug 12, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella with ICE documents for Petitioner Fezan. (Khalil, Adam) (Entered: 08/12/2026)

#9

Aug 21, 2026

REPLY/RESPONSE to re 7 Letter, 8 Letter requesting immediate release as to both Petitioners filed by Jesus Astete Carrion. (Manley, Kathy) (Entered: 08/21/2026)

#10

Aug 26, 2026

Letter filed by Michael Ball, Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella re request and grant of voluntary departure for Petitioner Carrion. (Khalil, Adam) (Entered: 08/26/2026)

#11

Aug 26, 2026

Letter filed by Jesus Astete Carrion noting he was coerced into signing for voluntary departure and renewing request for immediate release. (Attachments: # 1 Exhibit A Declaration of Immigration Attorney James Milstein)(Manley, Kathy) (Entered: 08/26/2026)

#12

Sep 02, 2026

TEXT ORDER. Respondents are directed to state its position with respect to the Court's jurisdiction to hear challenges to Petitioner Carrion's agreement to voluntary departure by the close of business on September 3, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 09/02/2026. (JCL) (Entered: 09/02/2026)

#13

Sep 02, 2026

TEXT ORDER granting Petitioner Mian Fezan's petition to the extent that he is entitled to a bond hearing. ECF No. 1 .Petitioner Mian Fezan has filed a Petition for a Writ of Habeas Corpus. In response to the Court's Order to Show Cause, Respondents concede that this case shares 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 controls 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 09/02/2026. (JCL) (Entered: 09/02/2026)

#14

Sep 03, 2026

REPLY/RESPONSE to re 12 Text Order, filed by Michael Ball, Todd Blanche, Mian Fezan, Markwayne Mullin, Philip Rhoney, David Venturella. (Khalil, Adam) (Entered: 09/03/2026)

#15

Sep 04, 2026

TEXT SCHEDULING ORDER. Petitioner Astete Carrion may file a reply to Respondents' response regarding Petitioner's voluntary departure on or before September 10, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 09/04/2026. (JCL) (Entered: 09/04/2026)

#16

Sep 08, 2026

Letter filed by Jesus Astete Carrion Position Regarding Voluntary Departure and Request for Immediate Release. (Manley, Kathy) (Entered: 09/08/2026)