Western District of New York • 6:25-cv-06739

#1

Dec 08, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5648633.), filed by Favio Nelson Suarez Polania. (Attachments: # 1 Exhibit A (NTA), # 2 Exhibit B (OREC), # 3 Exhibit C (application receipt), # 4 Exhibit D (ICE letter), # 5 Exhibit E (11.13 OREC), # 6 Civil Cover Sheet)(Vernon, Benjamin) (Entered: 12/08/2025)

Dec 09, 2025

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. 636c 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. (RE)

Dec 09, 2025

Case Assigned to Hon. Meredith A. Vacca. Notification to chambers of on-line civil case opening. (RE)

#2

Dec 11, 2025

ORDER re 1 Petition for Writ of Habeas Corpus. ORDERED to show cause within 14 days of the date of this order why the Petitioner's requested relief pursuant to 28 U.S.C. § 2241 should not be granted, including through citations to supp orting authority and applicable sections of the Immigration and Nationality Act, supplemented as possible by copies of the Notice to Appear served on Petitioner, the warrant to arrest Petitioner, any other relevant exhibits helpful to resolution of t his Petition, and a supporting declaration as necessary; and it is further, ORDERED that the Clerk of Court shall forthwith serve a copy of the petition, ECF No. 1, and a copy of this order, electronically via a Notice of Electronic Filing to the Un ited States Attorney's Office, Western District of New York at USANYW-ImmigrationHabeas@usdoj.gov; and it is further ORDERED that Petitioner shall have 7 days after service of Respondent's return to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. See Rule 8 of the Rules Governing Section 2254 Proceedings. In that regard, the Court observes that 28 U.S.C. § 2243 provides that "[ u]nless the application for the writ and the return present only issues of law, the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained," as "the person detained may, under oath, d eny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter. Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 12/10/25. (RE)

Dec 11, 2025

Clerk emailed 1 Petition to USANYW-ImmigrationHabeas@usdoj.gov. (RE)

#3

Dec 16, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, in her official capacity as Attorney General of the United States, Todd M. Lyons, in his official capacity as Acting Director of ICE, Kristi Noem, in her official capacity as, Secretary, U.S. Department of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director (Khalil, Adam) (Entered: 12/16/2025)

#4

Dec 16, 2025

REPLY/RESPONSE to re 2 Order,,,,,,, filed by Pamela Bondi, in her official capacity as Attorney General of the United States, Todd M. Lyons, in his official capacity as Acting Director of ICE, Kristi Noem, in her official capacity as, Secretary, U.S. Department of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director. (Khalil, Adam) (Entered: 12/16/2025)

#5

Dec 19, 2025

TEXT ORDER granting 1 Petitioner's request for a bond hearing before an immigration judge. On December 8, 2025, Petitioner filed a petition for writ of habeas corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) because he has not been, and will not be, provided with a bond hearing as required by law. See ECF No. 1. Respondents submitted an abbreviated response contending that Petitioner is lawfully detained without a bond hearing pursuant to 8 U.S.C. § 1225 but acknowledged that the Court's prior rulings would dictate granting Petitioner's request for a bond hearing. See ECF No. 4 at 1 (citing Da Cunha v. Freden, 25-CV-06532-MAV, ECF No. 25 (W.D.N.Y. Oct. 20, 2025)). The Court agrees that Da Cunha is controlling. See 6:25-cv-06532, ECF No. 31. For the reasons stated therein and in a forthcoming written decision, the Court concludes that Petitioner is being detained under 8 U.S.C. § 1226(a). Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. § 1226(a) (stating that non-citizens detained under 8 U.S.C. § 1226(a) may be released "on... bond" or "conditional parole"); 8 C.F.R. § 1236.1(d)(1); 8 C.F.R. 1003.19(a) ("Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236."). If such bond hearing is not conducted within fourteen (14) days of the date of this text order, Petitioner shall be released from custody. Respondents shall file a status report no later than January 6, 2026, confirming that Petitioner has either been granted a bond hearing within fourteen (14) days or released from custody, in compliance with this order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/19/2025. (MVP) (Entered: 12/19/2025)

#6

Jan 05, 2026

Letter filed by Pamela Bondi, in her official capacity as Attorney General of the United States, Todd M. Lyons, in his official capacity as Acting Director of ICE, Kristi Noem, in her official capacity as, Secretary, U.S. Department of Homeland Security, Philip Rhoney, in his official capacity as Acting ICE Deputy Field Office Director re bond hearing. (Khalil, Adam) (Entered: 01/05/2026)