Western District of New York • 6:26-cv-06652

#1

Jun 24, 2026

PETITION for Writ of Habeas Corpus, filed by Gabriel Omar Garzon Barreno. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Certificate of Service, # 4 Civil Cover Sheet, # 5 envelope) Original exhibits maintained in case folder due to legibility issues.(KKR) (Entered: 06/24/2026)

#2

Jun 24, 2026

MOTION for Temporary Restraining Order by Gabriel Omar Garzon Barreno.(KKR) (Entered: 06/24/2026)

Jun 24, 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. Clerk mailed to petitioner the Prisoner Pro Se Packet, consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline. (KKR)

Jun 24, 2026

Filing fee: $ 5.00, receipt number 100009875 (KKR)

#3

Jun 30, 2026

ORDER to Show Cause granting in part and denying in part 2 Motion for TRO. The parties are responsible for reviewing the full contents of this order, however, the Court highlights that Respondents' return to the order to show cause is due within ten (10) days. Signed by Hon. Meredith A. Vacca on 6/30/26. (JHF) This was mailed to: Petitioner. (Entered: 06/30/2026)

Jun 30, 2026

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

#4

Jul 08, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Todd M. Lyons, Kristi Noem, Warden, Buffalo Service Processing Center. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/08/2026)

#5

Jul 08, 2026

REPLY/RESPONSE to re 3 Order on Motion for TRO, filed by Todd M. Lyons, Kristi Noem, Warden, Buffalo Service Processing Center. (Cruz, Chelsea) (Entered: 07/08/2026)

#6

Jul 08, 2026

Letter filed by Todd M. Lyons, Kristi Noem, Warden, Buffalo Service Processing Center . (Cruz, Chelsea) (Entered: 07/08/2026)

#7

Jul 14, 2026

CERTIFICATE OF SERVICE by Todd M. Lyons, Kristi Noem, Warden, Buffalo Service Processing Center re 6 Letter, 5 Reply/Response (Cruz, Chelsea) (Entered: 07/14/2026)

#8

Jul 16, 2026

Mail Returned as Undeliverable, unable to forward. 3 Order on Motion for TRO, sent to Gabriel Omar Garzon Barreno. (DMK) (Entered: 07/16/2026)

#9

Jul 17, 2026

TEXT ORDER granting Petitioner's request for a bond hearing. ECF No. 1 .Petitioner has filed a Petition for a Writ of Habeas Corpus contending, inter alia, that he is being unlawfully detained and is entitled to release or a bond hearing. ECF No. 1. Respondents filed a response 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), aff'd, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), 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. 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 an initial bond hearing under existing federal regulations. Da Cunha, 2025 WL 3280575, at *7.The Court accepts Respondents' position, as argued, that Da Cunha governs. For that reason, the Court GRANTS the petition to the extent of a bond hearing and hereby ORDERS that Respondents shall provide Petitioner with a bond hearing before an Immigration Judge within ten (10) days of the date of this Order. The Court directs that the initial bond hearing shall be provided "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)). 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 seventeen (17) days from the date of this order confirming that Petitioner has either been granted a bond hearing within ten (10) days or released from custody, in compliance with this Order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 07/17/2026. (JCL)This was mailed to: Petitioner at Cibola County Correctional Facility. (Entered: 07/17/2026)