Western District of New York • 6:26-cv-06712

#1

Jul 13, 2026

PETITION for Writ of Habeas Corpus, filed by Cesar Exavier Rivas Garcia. (Attachments: # 1 Envelope) (KKR) (Entered: 07/13/2026)

Jul 13, 2026

Filing fee: $ 5.00, receipt number 100009992 (KKR)

Jul 13, 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. 636(c) 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)

#2

Jul 15, 2026

ORDER TO SHOW CAUSE. Signed by Hon. Meredith A. Vacca on 7/15/26. (JHF)This was mailed to: Petitioner. (Entered: 07/15/2026)

Jul 15, 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)

#3

Jul 24, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Facility Administrator, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary Of The Department Of Homeland Security. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 07/24/2026)

#4

Jul 24, 2026

REPLY/RESPONSE to re 2 Order filed by Facility Administrator, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary Of The Department Of Homeland Security. (Cruz, Chelsea) (Entered: 07/24/2026)

#5

Jul 24, 2026

Letter filed by Facility Administrator, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary Of The Department Of Homeland Security . (Cruz, Chelsea) (Entered: 07/24/2026)

#6

Jul 27, 2026

Mail Returned as Undeliverable. Notice of Availability of Magistrate Judge and new case opening packet. Resent to Petitioner as his address listed on document 5 Winn C.F. (TF) (Entered: 07/27/2026)

#7

Jul 29, 2026

TEXT ORDER DIRECTING CLERK OF COURT TO UPDATE PETITIONER'S ADDRESS to Winn Correctional Center, 560 Gum Spring Road, Winnfield, LA 71483, consistent with U.S. Immigration and Customs Enforcement's public records.The Clerk of Clerk shall mail this text order and the mailing that was returned undeliverable to Petitioner at this updated address. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/29/26. (NWA)Clerk to Follow up (Entered: 07/29/2026)

#8

Jul 29, 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 7/29/26. (NWA)This was mailed to: Petitioner at updated address. (Entered: 07/29/2026)

#9

Aug 10, 2026

NOTICE by Facility Administrator, Field Office Director, U.S. Immigration and Customs Enforcement, Secretary Of The Department Of Homeland Security re 8 Text Order,,,,,,,,, of Bond Hearing (Attachments: # 1 Order of the Immigration Judge)(Cruz, Chelsea) (Entered: 08/10/2026)