Western District of New York • 1:26-cv-01738

#1

Aug 15, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5946944.), filed by FRANS VICENTE. (Attachments: # 1 Civil Cover Sheet)(Hartman, Theodore) (Attachment 1 replaced on 8/17/2026) (ARS). (Entered: 08/15/2026)

Aug 17, 2026

E-Filing Notification: 1 Clerk refitted and resized attachment #1. For future reference, please ensure all documents are properly sized. (ARS)

Aug 17, 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. (ARS)

Aug 17, 2026

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

#2

Aug 19, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 8/19/2026. (CGJ) (Entered: 08/19/2026)

Aug 19, 2026

Clerk emailed 1 Petition and 2 Order to USANYW-Immigration-Habeas@usdoj.gov (CGJ)

#3

Aug 26, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 08/26/2026)

#4

Aug 26, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney re NTA issued after arrest. (Khalil, Adam) (Entered: 08/26/2026)

#5

Aug 26, 2026

Letter filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney with ICE documents. (Khalil, Adam) (Entered: 08/26/2026)

#6

Sep 10, 2026

TEXT ORDER directing Respondents to file a more fulsome response on or before September 16, 2026 responding to each of Petitioner's claims. Signed by Hon. Meredith A. Vacca on 09/10/2026. (JCL) (Entered: 09/10/2026)

#7

Sep 16, 2026

REPLY/RESPONSE to re 6 Text Order filed by James Bausch, Pamela Bondi, Todd Lyons, Markwayne Mullin, Philip Rhoney. (Khalil, Adam) (Entered: 09/16/2026)

#8

Sep 22, 2026

TEXT ORDER granting the petition to the extent the Court finds Petitioner is entitled to a bond hearing.The Court finds 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. 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 finds Petitioner to be similarly situated to the petitioner in Da Cunha. 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 09/22/2026. (JCL) (Entered: 09/22/2026)

#9

Sep 24, 2026

REPLY/RESPONSE to re 8 Text Order,,,,,,,, citing 1:26-cv-00945 Loeza filed by Frans Vicente. (Hartman, Theodore) (Entered: 09/24/2026)