Western District of New York • 6:25-cv-06794

#1

Dec 17, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5658729.), filed by Manuel Rafael Hostos Cortez. (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. (DDS)

Dec 18, 2025

Case Assigned to Hon. Elizabeth A. Wolford. Chambers notified of online civil case opening. (DDS)

Dec 23, 2025

Remark: Case was reassigned from Judge Wolford to Judge Vacca by case administrator. (DDS)

#2

Jan 06, 2026

ORDER to Show Cause within 14 days of the date of this order why the Petitioner's relief should not be granted. Petitioner shall have seven days after service of Respondent's return to file a written answer. The Court will determine if an evidentiary hearing is warranted. Respondents will refrain from transferring Petitioner out of the U.S. until after the Court determines if a evidentiary hearing is warranted. Clerk shall serve a copy of 1 petition and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>.Signed by Hon. Meredith A. Vacca on 1/6/26. (JHF) (Entered: 01/06/2026)

Jan 06, 2026

Copy of 1 Petition for Writ of Habeas Corpus emailed to the U.S. Attorney's Office, Western District of New York at <USANYW-Immigration-Habeas@usdoj.gov>. (JHF)

#3

Jan 09, 2026

NOTICE of Appearance by Adam A. Khalil on behalf of Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney (Khalil, Adam) (Entered: 01/09/2026)

#4

Jan 09, 2026

REPLY/RESPONSE to re 2 Order,, filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Khalil, Adam) (Entered: 01/09/2026)

#5

Jan 12, 2026

TEXT ORDER directing further briefing re. 2 Order to Show Cause. Respondents filed an initial response to the Court's show-cause order on January 9, 2026, conceding that this case shared 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), 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. Counsel for Respondents nonetheless flagged via email that although their "response seems nearly identical to all of [their] prior filings, there is a short paragraph on the bottom half of page 4 that has been added due to Petitioner being paroled after being encountered near the border when he entered that may be relevant to this Court's analysis."The petition alleges that Petitioner entered the United States "without inspection at or near Texas on or about August 2022," and that "[u]pon information and belief, he was given a Notice to Appear in Immigration Court and was released." ECF No. 1 at para. 1, 32. No dates were provided, nor were any further details about his August 2022 encounter with ICE, the resulting Notice to Appear, or his subsequent release.Respondents' initial response to the show-cause order merely states that "ICE has advised that although Cortez entered without inspection initially, he was released on parole on August 11, 2022. ECF No. 4 at 2. No declarations or exhibits were filed with Respondents' response. Before the Court can issue an order on Petitioner's petition for habeas corpus, further clarification is needed on the circumstances of Petitioner's contact with ICE and the Immigration Court in August 2022. Therefore, by January 23, 2026, Respondents shall file a memorandum of law on the discrete issue of clarifying the circumstances of Petitioner's contact with ICE and the Immigration Court in August 2022, including conveying the facts of ICE's encounter with Petitioner and identifying the statutory basis purported to require Petitioner to appear and provide for his "release" or "parole." Respondents' submission must include a declaration from an applicable government official and copies of relevant documents. Petitioner shall file a reply within seven (7) days of Respondents' submission. The parties should ensure to specifically discuss whether 8 C.F.R. § 212.5(e) applies to this case.SO ORDERED. Signed by Hon. Meredith A. Vacca on 1/12/26. (NWA) (Entered: 01/12/2026)

#6

Jan 16, 2026

REPLY/RESPONSE to re 5 Text Order with further briefing and facts filed by Todd Lyons, Tammy Marich, Kristi Noem, Philip Rhoney. (Attachments: # 1 Declaration of Deportation Officer Mulvey, # 2 Exhibit A to Mulvey Dec.) (Khalil, Adam) (Entered: 01/16/2026)

#7

Jan 23, 2026

REPLY/RESPONSE to re 5 Text Order with further briefing in response to Text Order at 5 and Document 6 filed by Manuel Rafael Hostos Cortez. (Borowski, Matthew) (Entered: 01/23/2026)

#8

Feb 05, 2026

Letter filed by Manuel Rafael Hostos Cortez regarding status of matter. (Borowski, Matthew) (Entered: 02/05/2026)