Northern District of New York • 9:26-cv-01549

#1

Aug 12, 2026

PETITION for Writ of Habeas Corpus (Filing fee $5.00, receipt number ANYNDC-7717920) filed by Elias Aucacama Aucacama. (Attachments: # 1 Civil Cover Sheet)(meb) (Entered: 08/12/2026)

#2

Aug 12, 2026

TEXT ORDER: The Court has reviewed Petitioner Elias Aucacama Aucacama's Petition under 28 U.S.C. § 2241 seeking immediate release, or, in the alternative, a bond hearing, as well as Petitioner's request that the Court enjoin his transfer outside the Northern District of New York. It is ORDERED: (1) that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved; (2) that Respondents file a response to the Petition by Wednesday, 8/19/2026, and that any response include updated information regarding Petitioner's location and any immigration proceedings being pursued; and (3) that Petitioner shall file a reply, if any, by Monday, 8/24/2026. The Court will decide whether a hearing is necessary after reviewing the parties' submissions. The Clerk of the Court is respectfully directed to serve copies of this Text Order and the Petition upon the United States Attorney for the Northern District of New York in accordance with the Local Rules. SO ORDERED by Chief Judge Brenda K. Sannes on 8/12/2026. (nmk) (Entered: 08/12/2026)

#3

Aug 12, 2026

NOTICE OF APPEARANCE by Alexis M. Osborne on behalf of Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella (Osborne, Alexis) (Entered: 08/12/2026)

#4

Aug 12, 2026

Letter Motion from Alexis M. Osborne for Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella requesting that the Court modify its Text Order, dated August 12, 2026, to permit Petitioner's detention within either the Northern District or Western District of New York submitted to Judge Hon. Brenda K. Sannes . (Osborne, Alexis) (Entered: 08/12/2026)

#5

Aug 12, 2026

RESPONSE in Opposition re 4 Letter Request/Motion, filed by Elias Aucacama Aucacama. (Manley, Kathy) (Entered: 08/12/2026)

#6

Aug 13, 2026

TEXT ORDER The Court is in receipt of Respondents' letter 4 asking the Court to modify its previous Order which prohibited the transfer of Petitioner outside of the Northern District of New York. Respondents ask for the Courts permission to transfer Petitioner to the Western District of New York, asserting that the only available federal detention facility is in Batavia, New York. Counsel for the Petitioner opposes the modification. In light of Respondent's representation, the Court MODIFIES its previous Order 2 . Petitioner may be transferred to the Western District of New York but shall not otherwise be moved out of the Northern or Western Districts of New York without leave of the Court, and wherever Petitioner is housed, he should receive timely and appropriate access to counsel both telephonically and/or in person. SO ORDERED by Chief Judge Brenda K. Sannes on 8/13/2026. (nmk) (Entered: 08/13/2026)

Aug 13, 2026

Order on Letter Request

#7

Aug 19, 2026

RESPONSE to Petition for Writ of Habeas Corpus by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit(s) A - Form I-213 2026, # 2 Exhibit(s) B I-200 Warrant, # 3 Exhibit(s) C - Notice to Appear, # 4 Exhibit(s) D - Form I-286 Notice of Custody Determination)(Osborne, Alexis) (Entered: 08/19/2026)

#8

Aug 24, 2026

Letter Motion from Kathy Manley for Elias Aucacama Aucacama requesting Immediate Release submitted to Judge Brenda K. Sannes . (Manley, Kathy) (Entered: 08/24/2026)

#9

Aug 28, 2026

TEXT ORDER: Having reviewed the 1 Petition and the 7 Response, the Court finds that Petitioner is entitled under 8 U.S.C. § 1226 to an individualized bond hearing. Such hearing shall be held within seven days. At the hearing, the Government shall bear the burden of proving, by clear and convincing evidence, that the Petitioner is a danger to the community or a flight risk. If the Government satisfies its burden as to danger to the community or flight risk, the Immigration Judge shall consider alternatives to detention and in setting any bond, the Immigration Judge shall consider the Petitioner's ability to pay. Respondents shall file a status report within five days of the issuance of a decision on the bond hearing. SO ORDERED by Chief Judge Brenda K. Sannes on 8/28/2026. (nmk) (Entered: 08/28/2026)

Aug 28, 2026

Order on Letter Request

#10

Sep 04, 2026

STATUS REPORT certifying compliance 9 by Todd Blanche, Markwayne Mullin, Philip Rhoney, David Venturella. (Attachments: # 1 Exhibit(s) A- Bond Order)(Osborne, Alexis) (Entered: 09/04/2026)

#11

Sep 10, 2026

TEXT ORDER: The Court has reviewed the Respondents' 10 Status Report indicating that a bond hearing was held in accordance with this Court's 9 Text Order. Petitioner is directed to file a letter by 9/30/2026 indicating what, if any, additional relief he seeks. SO ORDERED by Chief Judge Brenda K. Sannes on 9/10/2026. (nmk) (Entered: 09/10/2026)

Sep 10, 2026

Order

#12

Oct 05, 2026

STATUS REPORT requesting case be dismissed because Petitioner wants voluntary departure by Elias Aucacama Aucacama. (Manley, Kathy) (Entered: 10/05/2026)

#13

Oct 06, 2026

TEXT ORDER: The Court has reviewed Petitioner's 12 Status Report requesting that this case be closed. The Court construes Petitioner's motion as a notice of voluntary dismissal under Fed. R. 41(a)(1)(A)(i) and respectfully directs the Clerk to close this case. SO ORDERED by Chief Judge Brenda K. Sannes on 10/6/2026. (nmk) (Entered: 10/06/2026)

Oct 06, 2026

Order Dismissing Case