Eastern District of New York • 1:26-cv-03494

#1

Jun 11, 2026

PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number ANYEDC-20311265, filed by Ramon A Perez Vasquez. (Attachments: # 1 Civil Cover, # 2 Family ID Docs, # 3 I94, # 4 I130 Approval, # 5 NTA, # 6 MTR Decision, # 7 Bond Decisions, # 8 May 8 Order of Removal, # 9 May 13 MTR, # 10 May 28 IJ Order, # 11 Appeal Receipt) (Levine, Jesse) (Entered: 06/11/2026)

#2

Jun 11, 2026

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM) (Entered: 06/11/2026)

#3

Jun 11, 2026

ORDER TO SHOW CAUSE and Electronic Service upon the US Attorneys Office re 1 Petition for Writ of Habeas Corpus, filed by Ramon A Perez Vasquez. ( Ordered by Judge Brian M. Cogan on 6/11/2026 ) (RG) (Entered: 06/11/2026)

Jun 11, 2026

Quality Control Check - Summons

Jun 11, 2026

Your proposed summons was not issued for one of the following reasons: No summons provided, please submit summons. The event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (SDM)

Jun 11, 2026

Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SDM)

Jun 11, 2026

Case Assigned/Reassigned

#4

Jun 12, 2026

Notice of Appearance

#5

Jun 12, 2026

Letter

Jun 12, 2026

Order(Other)

#6

Jun 17, 2026

Letter

Jun 24, 2026

Order(Other)

Jun 24, 2026

ORDER granting in part and denying in part 1 . Respondents concede that Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), controls the outcome of this case, and state that "Petitioner is being detained pursuant to 8 U.S.C. § 1226(a) and thus entitled to a bond hearing before an IJ pursuant to 1226(a)," at which petitioner bears the burden of proof. Petitioner, however, seeks a "burden-shifted bond hearing... at which the Government bears the burden of showing, by clear and convincing evidence, that he poses a danger to the community or a flight risk." Mathieu v. Dept of Homeland Sec., 26-cv-4630, 2026 WL 1747084, at *1, 7 (S.D.N.Y. June 17, 2026). The relief petitioner seeks is not required by 8 U.S.C. § 1226(a); it is a due process safeguard against extending "the six-month, presumptively reasonable duration of detention[.]" Id. at *4 (citing Zadvydas v. Davis, 533 U.S. 678, 701 (2001)). Petitioner has been detained for only three months, and thus the duration of his detention is presumptively reasonable. Accordingly, the petition is GRANTED in part and DENIED in part. Respondents must promptly provide petitioner a bond hearing under 8 U.S.C. § 1226(a). If, by 10/1/2026, petitioner remains detained without any substantial change in circumstance, respondents must promptly provide petitioner a burden-shifted bond hearing, as described above. See Velasco Lopez v. Decker, 978 F.3d 842, 855-57 (2d Cir. 2020). Ordered by Judge Brian M. Cogan on 6/24/2026. (PW)