Western District of New York • 1:26-cv-00945

#1

May 08, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5822596.), filed by David Franco Loaeza, Victor David Lobo Medina. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Petition, # 3 Civil Cover Sheet Civil Cover Sheet, # 4 Exhibit Screenshot of custody status, # 5 Exhibit Screenshot of custody status)(Kim, Malcolm) (Entered: 05/08/2026)

#2

May 11, 2026

NOTICE of Appearance by Maureen A. Hussain on behalf of David Franco Loaeza, Victor David Lobo Medina (Hussain, Maureen) (Entered: 05/11/2026)

May 11, 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. 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. (MMG)

May 11, 2026

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

#3

May 12, 2026

ORDER TO SHOW CAUSE that Respondents 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. Petitioner shall have seven (7) days after service of Respondents' return to file a written response. Respondents shall 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 5/12/2026. (TME) (Entered: 05/12/2026)

May 12, 2026

Remark: Clerk's Office emailed copy of 1 Petition and 3 Order to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov (TME)

#4

May 20, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 05/20/2026)

#5

May 20, 2026

REPLY/RESPONSE to re 3 Order to Show Cause,, as to Petitioner Medina filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 05/20/2026)

#6

May 20, 2026

REPLY/RESPONSE to re 3 Order to Show Cause,, re Petitioner Loaeza filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 05/20/2026)

#7

May 20, 2026

CONTINUATION OF EXHIBITS to 6 Reply/Response Loaeza Form I-286. (Khalil, Adam) (Entered: 05/20/2026)

#8

May 27, 2026

REPLY/RESPONSE to re 6 Reply/Response, 5 Reply/Response, 3 Order to Show Cause,, filed by David Franco Loaeza, Victor David Lobo Medina. (Attachments: # 1 Exhibit A - I-200)(Hussain, Maureen) (Entered: 05/27/2026)

#9

Jun 01, 2026

Letter filed by David Franco Loaeza, Victor David Lobo Medina requesting hearing. (Attachments: # 1 Declaration attorney affirmation of Malcolm Kim, Esq.)(Kim, Malcolm) (Entered: 06/01/2026)

#10

Jul 02, 2026

TEXT ORDER. On July 1, 2026, the Court received a letter directly from Petitioner Medina despite being represented by counsel. The Court has not read Mr. Medina's submission and has forwarded it to his counsel of record.An evidentiary hearing is required in this matter to address not only issues of bond, but the full balance of Petitioners' claims for relief. Counsel and both Petitioners shall appear for an in-person hearing on July 10, 2026, at 11:00 A.M. in Courtroom 2 of the Kenneth B. Keating Federal Building, 100 State St., Rochester, New York. On or before July 9, 2026, counsel for each party shall file a witness list, should anyone beyond Petitioners be required to testify. On or before July 8, 2026, Respondents shall file transcripts of both Petitioners' June 2026 bond hearings. On or before July 9, 2026, Petitioners must indicate whether they admit or deny the correctness of the transcript of their respective bond hearing. See Rule 7(c) of the Rules Governing Habeas Cases in the United States District Court (the Court "must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness."). If either Petitioner denies the correctness of his transcript, he must provide a brief explanation of the basis for his response.SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/2/26. (NWA) (Entered: 07/02/2026)

#11

Jul 02, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re mistaken argument with regard to Medina but no effect on litigation. (Khalil, Adam) (Entered: 07/02/2026)

#12

Jul 02, 2026

MEMORANDUM/BRIEF in advance of hearing by David Franco Loaeza, Victor David Lobo Medina. (Attachments: # 1 Declaration of Zabdi J. Salazar on BIA Detained Case Appeals, # 2 Exhibit Proof of Mailing T Visa Application of Petitioner Franco Loaeza)(Kim, Malcolm) (Entered: 07/02/2026)

Jul 02, 2026

Set/Reset Hearings: Evidentiary Hearing set for 7/10/2026 11:00 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. (NWA)

#13

Jul 06, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden re the government's preservation of rights and other arguments. (Khalil, Adam) (Entered: 07/06/2026)

#14

Jul 07, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with copy of Petitioner Loaeza's bond hearing transcript. (Khalil, Adam) (Entered: 07/07/2026)

#15

Jul 07, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with copy of Petitioner Medina's bond hearing transcript. (Khalil, Adam) (Entered: 07/07/2026)

#16

Jul 07, 2026

TEXT ORDER re. 10 15 . After reviewing the parties' recent submissions, the Court declines to find that Respondents have waived arguments in response to the petition but rejects Respondents' position that an additional 45 days is appropriate to fully respond thereto.The July 10, 2026 evidentiary hearing is rescheduled for July 15, 2026, at 9:30 AM in Courtroom 2 of the Keating Federal Building, 100 State Street, Rochester, New York. Counsel and Petitioners shall appear in-person. On or before July 13, 2026, counsel for each party shall file a witness list, should anyone beyond Petitioners be required to testify, such as the Immigration Officers who signed relevant paperwork. Respondents shall file their full response to the petition, ECF No. 1. as supplemented by ECF No. 12, on or before July 13, 2026. The Court will consider the merits of Petitioners' claims after considering both parties' positions thereon.The focus of Respondents' supplemental brief--and the July 15 evidentiary hearing--shall be whether either or both Petitioners are entitled to immediate release. In their supplemental return, Respondents need not address Petitioners' position regarding waiver of arguments not raised in Respondents' original return to the order to show cause, nor need Respondents reiterate their positions regarding their concession that 8 U.S.C. § 1226(a) applies to both Petitioners or the purported propriety of ordering a bond hearing, with the burden on Petitioners, as relief in this case. As relevant to supplemental briefing and the evidentiary hearing, Petitioners have alleged that their detention violates procedural and substantive due process, ECF No. 1-2 at 13-14; ECF No. 12 at 6-8; their arrest violated the Fourth Amendment, ECF No. 1-2 at 16-17; ECF No. 12 at 7-8; and that Respondents failed to comply with 8 U.S.C. § 1226(a), 8 U.S.C. § 1357(a)(2), and 8 C.F.R. § 287.8(c)(2)(ii), ECF No. 1-2 at 15-16; ECF No. 12 at 9-10. Petitioner Medina further argues that his prior order of release on recognizance was not properly revoked. ECF No. 12 at 10-17; see ECF No. 1-2 at 15-16. Petitioner Loaeza further argues that his membership in a "Pending Petition Class" forecloses Respondents' authority to arrest and detain him. ECF No. 12 at 11-12.Respondents shall also, by July 13, 2026, file any and all documents evidencing the circumstances surrounding either or both Petitioners' (1) arrests, (2) individualized custody determinations, and (3) status of their removal proceedings at and after their 2026 arrest, as well as any other documents that evidence Respondents' purported compliance with relevant statutes and regulations, including 8 U.S.C. § 1226(a), 8 U.S.C. § 1357(a)(2), and 8 C.F.R. § 287.8(c)(2)(ii).Petitioners shall, by July 9, 2026, inform the Court as to whether an interpreter is required for the July 15 hearing. Petitioners shall, by July 13, 2026, indicate whether they admit or deny the correctness of the transcript of their respective bond hearing. See ECF Nos. 14, 15; Rule 7(c) of the Rules Governing Habeas Cases in the United States District Court (the Court "must give the party against whom the additional materials are offered an opportunity to admit or deny their correctness."). If either Petitioner denies the correctness of his transcript, he must provide a brief explanation of the basis for his response.SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/7/26. (NWA) (Entered: 07/07/2026)

#17

Jul 08, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with ICE documents for Loaeza. (Khalil, Adam) (Entered: 07/08/2026)

#18

Jul 08, 2026

Letter filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden with ICE documents for Medina. (Khalil, Adam) (Entered: 07/08/2026)

Jul 08, 2026

CALENDAR EVENT: Evidentiary Hearing set for 7/15/2026 at 09:30 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. Signed by Hon. Meredith A. Vacca on 7/8/2026. (KSP)

#19

Jul 09, 2026

MOTION for Leave to Appear by Law Graduate Maria Perales Sanchez by David Franco Loaeza, Victor David Lobo Medina.(Hussain, Maureen) (Entered: 07/09/2026)

#20

Jul 09, 2026

Letter filed by David Franco Loaeza, Victor David Lobo Medina stating need for interpreter, and no objection to bond hearing transcripts. (Kim, Malcolm) (Entered: 07/09/2026)

#21

Jul 10, 2026

TEXT ORDER granting 19 Motion for Leave to Appear Pursuant to Loc. R. Civ. P. 83.6. Although the applicant is not currently "duly enrolled in a law school approved by the American Bar Association" ("ABA") as required by the "Law Student Rule," see Loc. R. Civ. P. 83.6, the Court finds it appropriate to waive that requirement in this special case where the applicant has provided evidence that she: has graduated from an ABA-approved law school, has completed the New York bar examination, New York Law Course, the New York Law Exam, and the Multistate Professional Responsibility Exam, and has otherwise satisfied the requirements of Rule 83.6 See Loc. R. Civ. P. 83.9 ("Any of the foregoing rules shall, in special cases, be subject to such modification as may be necessary to meet emergencies or to avoid injustice or great hardship."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/10/26. (NWA) (Entered: 07/10/2026)

#22

Jul 10, 2026

TEXT ORDER: The Evidentiary Hearing currently scheduled for 7/15/2026 is reset for 7/21/2026 at 09:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Meredith A. Vacca. Signed by Hon. Meredith A. Vacca on 7/10/2026. (KSP) (Entered: 07/10/2026)

#23

Jul 10, 2026

Letter filed by David Franco Loaeza, Victor David Lobo Medina . (Attachments: # 1 Declaration of Petitioner Lobo Medina, # 2 Declaration of Petitioner Franco Loaeza, # 3 Exhibit FedEx proof of delivery for T Visa, # 4 Exhibit New Yorker article noting USCIS T Visa receipt notice delays)(Kim, Malcolm) (Entered: 07/10/2026)

#24

Jul 13, 2026

REPLY/RESPONSE to re 16 Text Order,,,,,,,,,,,,,, filed by James Bausch, Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden. (Khalil, Adam) (Entered: 07/13/2026)