Northern District of New York • 9:26-cv-01263

De Rocha v. Akshar

Completed

Case Information

Filed: June 18, 2026
Assigned to: Brenda Kay Sannes
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: October 29, 2026
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 18, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5. receipt number ANYNDC-7649332) filed by Agnaldo Carvalho De Rocha.(nas ) (Entered: 06/18/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
Jun 18, 2026
Emergency MOTION for Temporary Restraining Order filed by Agnaldo Carvalho De Rocha. (Attachments: # 1 proposed order) (nas ) (Entered: 06/18/2026)
Main Document: Preliminary Injunction
#3
Jun 18, 2026
[copy of Text Order filed in 9:26-cv-762]: TEXT ORDER: The Court has reviewed the 10 "Second Verified Petition for Writ of Habeas Corpus" and 11 Emergency Motion for Temporary Restraining Order, both of which were filed in this case and labeled with Case No. 26-cv-762. However, as Petitioner voluntarily dismissed the petition in Case No. 26-cv-762, and has not filed a motion to re-open, that case is closed. Accordingly, the Clerk is respectfully directed to open a new case, directly assign the new case to the undersigned as a related case, and file the 10 "Second Verified Petition for Writ of Habeas Corpus," 11 Emergency Motion for Temporary Restraining Order, and this Text Order in the new case. As Petitioner has already paid the second filing fee, no further fee is required. SO ORDERED by Chief Judge Brenda K. Sannes on June 18, 2026. (nas ) (Entered: 06/18/2026) (nas ) (Entered: 06/18/2026)
#4
Jun 18, 2026
TEXT ORDER: The Court has reviewed the 1 Petition for Writ of Habeas Corpus and 2 Emergency Motion for Temporary Restraining order. It is ORDERED: (1) that Respondents are enjoined from moving Petitioner outside the jurisdiction of the Northern District of New York until this civil action is resolved; (2) that Petitioner serve the Sheriff of Broome County Correctional Facility with the Petition, Emergency Motion, and this Text Order by 6/22/2026 and file a certificate of service by 6/23/2026; (3) that Respondents file a response to the Petition no later than Thursday, 6/25/2026; and (4) that Petitioner shall file a reply, if any, by Monday, 6/29/2026. The Court will decide whether a hearing is necessary after reviewing the parties' submissions. The Clerk of the Court shall serve copies of the Petition, Emergency Motion, and this Text Order upon the United States Attorney for the Northern District of New York in accordance with the Local Rules. Authorized by Chief Judge Brenda K. Sannes on 6/18/2026. (meb) (Entered: 06/18/2026)
Main Document: Order on Habeas Corpus Petition 28USC2241 AND ~Util - Set Deadlines AND ~Util - Set/Reset Answer Deadlines
#5
Jun 18, 2026
NOTICE OF APPEARANCE by Emer M. Stack on behalf of Todd Blanche (Stack, Emer) (Entered: 06/18/2026)
Main Document: NOTICE
#6
Jun 18, 2026
Letter Motion from AUSA Emer M. Stack for Todd Blanche requesting to Modify Restriction on Transfer With Consent submitted to Judge Hon. Brenda K. Sannes . (Stack, Emer) (Entered: 06/18/2026)
Main Document: Letter Request/Motion
#7
Jun 18, 2026
TEXT ORDER: Respondent's 6 Letter Motion requesting to Modify Restriction on Transfer With Consent is GRANTED. SO ORDERED by Chief Judge Brenda K. Sannes on June 18, 2026. (nas ) (Entered: 06/18/2026)
Jun 18, 2026
Order on Letter Request
#8
Jun 22, 2026
Affidavit of service for service of petition Returned Executed by Agnaldo Carvalho De Rocha. Frederick Akshar served on 6/22/2026. (Goldman, Michael) Modified on 6/22/2026 (nas, ). (Entered: 06/22/2026)
Main Document: Affidavit
#9
Jun 25, 2026
NOTICE OF APPEARANCE by Karen Folster Lesperance on behalf of Todd Blanche (Folster Lesperance, Karen) (Entered: 06/25/2026)
Main Document: NOTICE
#10
Jun 25, 2026
RESPONSE to 1 Petition for Writ of Habeas Corpus by Todd Blanche. (Attachments: # 1 Exhibit(s) A - Form I-213 dated 12.11.25, # 2 Exhibit(s) B - Form I-826 Notice dated 12.11.25, # 3 Exhibit(s) C - Bond Order dated 02.20.26, # 4 Exhibit(s) D - Order of Removal dated 03.30.26, # 5 Exhibit(s) E - Notice of Appeal dated 04.10.26, # 6 Exhibit(s) F - Form I-286 dated 05.04.26, # 7 Exhibit(s) G - Notice of Bond Hearing dated 06.24.26)(Folster Lesperance, Karen) (Entered: 06/25/2026)
Main Document: RESPONSE
#11
Jun 27, 2026
LETTER BRIEF in Reply to Respondents' Opposition to Petition for Habeas Corpus by Agnaldo Carvalho De Rocha. (Goldman, Michael) (Entered: 06/27/2026)
Main Document: LETTER
#12
Jun 29, 2026
TEXT ORDER: Respondents are directed to file a status report by 7/2/2026 regarding the outcome of the bond hearing scheduled for 6/30/2026. SO ORDERED by Chief Judge Brenda K. Sannes on 6/26/2026. (nmk) (Entered: 06/29/2026)
Jun 29, 2026
Order AND ~Util - Set Deadlines
#13
Jul 02, 2026
STATUS REPORT pursuant to the Court's June 29, 2026 Order by Todd Blanche. (Attachments: # 1 Order of the Immigration Judge)(Folster Lesperance, Karen) (Entered: 07/02/2026)
Main Document: STATUS
#14
Oct 09, 2026
TEXT ORDER: The Court has reviewed the parties' submissions in this case. (Dkt. Nos. 1, 10, 11, 13). According to Respondents' 13 Status Report, at the 6/30/2026 bond hearing, Petitioner withdrew his custody redetermination request because he "wanted more time to get any attorney." The Immigration Judge found that the bond request was withdrawn and informed Petitioner "that when he had an attorney to assist him, the attorney can file a new request for custody re-determination with the Court on his behalf." (Dkt. No. 13, at 1). Petitioner is directed to file a letter by 10/15/2026 providing a status update and indicating whether he still seeks an order from this Court directing that a bond hearing be held. SO ORDERED by Chief Judge Brenda K. Sannes on 10/9/2026. (nmk) (Entered: 10/09/2026)
Oct 09, 2026
Order
#15
Oct 10, 2026
STATUS REPORT Requesting Burden-Shifted Bond Hearing by Agnaldo Carvalho De Rocha. (Goldman, Michael) (Entered: 10/10/2026)
Main Document: STATUS
#16
Oct 15, 2026
TEXT ORDER: The Court has reviewed the 1 Petition filed by Agnaldo Carvalho De Rocha, Respondents' 10 Response, Petitioner's 11 Reply, and the parties' 13, 15 Status Reports. The Court finds that Petitioner is entitled under 8 U.S.C. § 1226 to an individualized bond hearing at which the Government shall bear the burden of proving, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk. If the Government satisfies its burden as to danger to the community or flight risk, the Immigration Judge shall consider alternatives to detention and in setting any bond, the Immigration Judge shall consider the Petitioner's ability to pay. The bond hearing must be held within ten (10) calendar days of the date of this Text Order. Respondents shall file a status report within five (5) days of the issuance of a decision on the bond hearing. A written decision will follow. SO ORDERED by Chief Judge Brenda K. Sannes on 10/15/2026. (nmk) (Entered: 10/15/2026)
Oct 15, 2026
Order
#17
Oct 28, 2026
STATUS REPORT pursuant to the Court's October 15, 2026 Order by Todd Blanche. (Attachments: # 1 Order of the Immigration Judge)(Folster Lesperance, Karen) (Entered: 10/28/2026)
Main Document: STATUS
#18
Oct 29, 2026
MEMORANDUM-DECISION AND ORDER: It is ORDERED that the petition (Dkt. No. 1) is GRANTED. It is further ORDERED that the Clerk is directed to enter judgment and close this case. Signed by Chief Judge Brenda K. Sannes on 10/29/2026. (nmk) (Entered: 10/29/2026)
Main Document: Order
#19
Oct 29, 2026
JUDGMENT: in favor of Agnaldo Carvalho De Rocha against Frederick Akshar and Todd Blanche. (nmk) (Entered: 10/29/2026)
Main Document: Judgment