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)