Western District of New York • 1:26-cv-02007

#1

Sep 15, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5987508.), filed by EMILSON GAERI ESPINAL AVILA. (Attachments: # 1 BRIEF IN SUPPORT, # 2 Declaration Declaration of Jeffery Santoro, # 3 Exhibit Family Court SIJS Order, # 4 Exhibit USCIS Form I-360 Approval Notice, # 5 Exhibit Employment Authorization Document, # 6 Exhibit ICE Online Detainee Locator Record, # 7 Exhibit Petitioner's Passport, # 8 Text of Proposed Order PROPOSED ORDER, # 9 Civil Cover Sheet Civil Cover Sheet)(Santoro, Jeffrey) (Entered: 09/15/2026)

#2

Sep 16, 2026

TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by September 30, 2026, and Petitioner's reply is due by October 7, 2026. In their filings, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 9/16/2026. (KLH) (Entered: 09/16/2026)

#3

Sep 16, 2026

Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH) (Entered: 09/16/2026)

Sep 16, 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. (MMG)

Sep 16, 2026

Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (MMG)

#4

Sep 30, 2026

NOTICE of Appearance of Government Attorney: Chelsea A. Cruz, appearing on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden Michael Ball, in his official capacity. CLERK TO FOLLOW UP. (Cruz, Chelsea) (Entered: 09/30/2026)

#5

Sep 30, 2026

REPLY/RESPONSE to re 1 Petition for Writ of Habeas Corpus,, filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden Michael Ball, in his official capacity. (Cruz, Chelsea) (Entered: 09/30/2026)

#6

Sep 30, 2026

REPLY/RESPONSE to re 5 Reply/Response filed by Emilson Gaeri Espinal Avila. (Santoro, Jeffrey) (Entered: 09/30/2026)

#7

Oct 01, 2026

TEXT ORDER. Respondents concede that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. See Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026); Dkt. 5. As a result, the immigration court has jurisdiction over a bond hearing, pursuant to Da Cunha. Accordingly, the parties shall submit briefing addressing whether Petitioner's detention has now become "prolonged" under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020) by October 9, 2026, at which time a bond hearing will be ordered. These submissions shall include the date that Petitioner was detained. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 10/1/2026. (KEF) (Entered: 10/01/2026)

#8

Oct 01, 2026

REPLY/RESPONSE to re 7 Text Order,, filed by Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden Michael Ball, in his official capacity. (Attachments: # 1 Exhibit A)(Cruz, Chelsea) (Entered: 10/01/2026)

#9

Oct 13, 2026

NOTICE of Appearance of Government Attorney: Adam A. Khalil, appearing on behalf of Todd Blanche, Todd Lyons, Markwayne Mullin, Philip Rhoney, Warden Michael Ball, in his official capacity. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 10/13/2026)

#10

Oct 14, 2026

TEXT ORDER. The Court already concluded, based on Respondents' concession, that Petitioner is detained pursuant to 8 U.S.C. § 1226(a) under Second Circuit caselaw. Dkt. 7; see Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Because Petitioner's detention has not become prolonged under Velasco Lopez v. Decker, 978 F.3d 842 (2d Cir. 2020), that case does not require burden-shifting at the bond hearing. Accordingly, Respondents are ordered to provide Petitioner with a bond hearing under the relevant regulations by no later than October 28, 2026. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 10/14/2026. (KEF) Clerk to follow up. (Entered: 10/14/2026)

#11

Oct 14, 2026

JUDGMENT in favor of Emilson Gaeri Espinal Avila against Warden Michael Ball, in his official capacity, Markwayne Mullin, Philip Rhoney, Todd Blanche, Todd Lyons. Signed by Andrew W. Moeller, Clerk of Court, on 10/14/2026. (DDS) (Entered: 10/14/2026)