Western District of New York • 6:25-cv-06788

#1

Dec 17, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5658721.), filed by Yorlan Antonio Gonzalez Hostos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Borowski, Matthew) (Entered: 12/17/2025)

Dec 18, 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. (JLH)

Dec 18, 2025

Case originally assigned to the Buffalo office. Case is assigned to Judge Meredith A. Vacca and the new case number is 25-cv-6788. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

#2

Dec 23, 2025

TEXT ORDER. Yorlan Antonio Gonzalez Hostos, a citizen of Venezuela, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 17, 2025, while being held as a civil immigration detainee at the Buffalo Federal Detention Facility. ECF No. 1. Accordingly, the Court has jurisdiction over this matter. See Rumsfeld v. Padilla, 542 U.S. 426, 443-47 (2004). Petitioner seeks, among other things, a writ of habeas corpus requiring that Respondents release him unless they provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days. ECF No. 1. 28 U.S.C. § 2243 provides that "[a] court entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted." Further, in light of the Court's prior orders on this issue, including its Decision and Order granting relief in Da Cunha v. Freden et al., 25-CV-6532, at ECF No. 31, Respondents are hereby: 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 supporting 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 this 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 text order, electronically via a Notice of Electronic Filing to the United 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 Respondents' 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, deny any of the facts set forth in the return or allege any other material facts." Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/23/2025. (MVP)Clerk to Follow up (Entered: 12/23/2025)

Dec 29, 2025

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

#3

Dec 30, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 12/30/2025)

#4

Jan 05, 2026

REPLY/RESPONSE to re 2 Text Order,,,,,,,,,,, filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 01/05/2026)

#5

Jan 09, 2026

TEXT ORDER granting Petitioner's request for a bond hearing before an Immigration Judge.On December 17, 2025, Petitioner filed a petition for writ of habeas corpus, arguing, inter alia, that his detention is unlawful under 8 U.S.C. § 1226(a) because he has not been provided with an individualized bond hearing by an Immigration Judge. ECF No. 1. The Court ordered that Respondents show cause within 14 days as to why the petition should not be granted. ECF No. 2. Respondents filed a response on January 5, 2026, conceding that this case shared a common question of law with the Courts decision in Da Cunha v. Freden, No. 25-CV-6532-MAV, 2025 WL 3280575 (W.D.N.Y. Nov. 25, 2025), and that the Court's resolution of the question in Da Cunha controlled the results in the instant case should the Court adhere to its prior reasoning. ECF No. 4. 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 a bond hearing 'at the outset of detention' 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)).As noted, Respondents concede that the facts of this case squarely implicate a legal issue that this Court has ruled on previously. The Court finds that its reasoning in Da Cunha applies to the instant matter, and that the statutory basis for Petitioners detention is 8 U.S.C. § 1226(a). Accordingly, Petitioner's petition for a writ of habeas corpus is GRANTED to the extent that Respondents shall conduct a bond hearing within ten (10) days of the date of this Order. 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 January 23, 2026, confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody in compliance with this Order. The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case. SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/9/2026. (MVP)Clerk to Follow up (Entered: 01/09/2026)