Western District of New York • 1:26-cv-00035
Pereira Firmino v. Kurzdorfer
Active
Case Information
Filed: January 07, 2026
Assigned to:
John Leonard Sinatra Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
January 08, 2026
Parties:
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Docket Entries
#1
Jan 07, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5675933.), filed by WELLINGTON FIRMINO PEREIRA. (Attachments: # 1 Civil Cover Sheet)(Stillman, Lina) (Entered: 01/07/2026)
Main Document:
PETITION
#2
Jan 07, 2026
First MOTION for Temporary Restraining Order by WELLINGTON FIRMINO PEREIRA.(Stillman, Lina) (Entered: 01/07/2026)
Main Document:
First
#3
Jan 07, 2026
AFFIDAVIT of Service for PETITION FOR WRIT OF HABEAS CORPUS served on DAVID L. KURZDORFER, in his official capacity as Field Office Director Buffalo Field Office of Immigration and Customs Enforcement; KRISTI NOEM, in her official capacity as Secretary of Homeland Security; and PAM BONDI, in her official capacity as Attorney General of the United States, ICE ENFORCEMENT AND REMOVAL OPERATIONS, on 1/7/2026, filed by WELLINGTON FIRMINO PEREIRA. (Stillman, Lina) (Entered: 01/07/2026)
Main Document:
AFFIDAVIT
#4
Jan 07, 2026
TEXT ORDER re Petitioner's 2 Motion for Temporary Restraining Order. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). Accordingly, the portion of Petitioner's motion for a temporary restraining order that asks this Court to enjoin his transfer to a different facility or outside the Western District of New York is DENIED. Petitioner's request for an emergency order to show cause and the balance of Petitioner's temporary restraining order application will be addressed in due course. The Court will address next steps in the case on Thursday, January 8, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 1/7/2026. (MFE). (Entered: 01/07/2026)
Jan 07, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)
Jan 08, 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. (JLH)
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