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

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

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)