Western District of New York • 1:25-cv-00867

#1

Sep 12, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5575346.), filed by Josimar Ferreira Candido. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Bardavid, Joshua) (Entered: 09/12/2025)

#2

Sep 12, 2025

Original Summons Filed. (Attachments: # 1 Proposed Summons Bondi, # 2 Proposed Summons Brophy, # 3 Proposed Summons Warden)(Bardavid, Joshua) (Entered: 09/12/2025)

Sep 15, 2025

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)

Sep 15, 2025

Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (JLH)

#3

Sep 16, 2025

MOTION to appear pro hac vice on behalf of Blarissa Moraes Kalil ( Filing fee $ 200 receipt number ANYWDC-5577777.) by Josimar Ferreira Candido. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Bardavid, Joshua) (Entered: 09/16/2025)

#4

Sep 16, 2025

TEXT ORDER. The petition (Dkt. 1) appears to contain a request for a temporary restraining order. If Petitioner wishes to seek a temporary restraining order from this Court, his counsel may file a separate motion requesting such relief, in accordance with Federal Rule of Civil Procedure 65 and Local Rule of Civil Procedure 65. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 9/16/2025. (KEF) (Entered: 09/16/2025)

#5

Sep 16, 2025

Original Summons Filed. (Attachments: # 1 Summons for Noem, # 2 Summons for Warden, # 3 Summons for Brophy)(Bardavid, Joshua) (Entered: 09/16/2025)

#6

Sep 17, 2025

TEXT ORDER granting 3 Motion for Pro Hac Vice Admission of Clarissa Moraes Kalil. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 9/17/2025. (KEF)Clerk to Follow up (Entered: 09/17/2025)

#7

Sep 17, 2025

Summons Issued as to Kristi Noem, Secretary of the Department of Homeland Security. (DDS) (Entered: 09/17/2025)

#8

Sep 17, 2025

Summons Issued as to Thomas P. Brophy, Field Office Director, ICE Buffalo Field Office.(DDS) (Entered: 09/17/2025)

#9

Sep 17, 2025

Summons Issued as to Pamela Bondi, Attorney General of the United States. (DDS) (Entered: 09/17/2025)

#10

Sep 17, 2025

Summons Issued as to Warden, Buffalo Federal Detention Facility. (DDS) (Entered: 09/17/2025)

#11

Sep 23, 2025

Emergency MOTION for Preliminary Injunction by Josimar Ferreira Candido. (Attachments: # 1 Exhibit Exhibits in Support, # 2 Text of Proposed Order)(Bardavid, Joshua) (Entered: 09/23/2025)

#12

Sep 23, 2025

Emergency MOTION for Preliminary Injunction by Josimar Ferreira Candido. (Attachments: # 1 Exhibit Exhibits in Support, # 2 Text of Proposed Order Proposed Order)(Bardavid, Joshua) (Entered: 09/23/2025)

#13

Sep 23, 2025

TEXT ORDER. Through counsel, Petitioner Josimar Ferreira Candido seeks relief under 28 U.S.C. § 2241. Dkt. 1. He also filed two emergency motions. Dkt. 11; Dkt. 12. Counsel shall confer regarding a briefing schedule on the petition and the two emergency motions, and shall file a letter outlining their proposed briefing schedule on each of those three items, by September 26, 2025. The Clerk of Court shall serve a copy of the petition (Dkt. 1), a copy of the motion at Dkt. 11, a copy of the motion at Dkt. 12, 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 9/23/2025. (KEF)Clerk to Follow up (Entered: 09/23/2025)

Sep 24, 2025

Remark: The Clerks Office sent a copy, via NEF, of the petition 1, the two motions 11, 12 and the text order Dkt. 13 to the USAO, Western District of New York. (DDS)

#14

Sep 25, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility (Khalil, Adam) (Entered: 09/25/2025)

#15

Sep 25, 2025

Letter filed by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility re briefing schedule. (Khalil, Adam) (Entered: 09/25/2025)

#16

Sep 25, 2025

TEXT ORDER endorsing the parties' 15 proposed briefing schedule. Respondents shall respond to the petition and the pending motions by 10/3/2025. Petitioner's reply is due by 10/10/2025. The Court will set oral argument at a later date, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 9/25/2025. (KEF) (Entered: 09/25/2025)

#17

Oct 03, 2025

First MOTION for Temporary Restraining Order and Preliminary Injunction Pursuant To Fed. R. Civ. P. 65 and Local Rule Of Civil Procedure 65 by Josimar Ferreira Candido. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Certificate of Service Certificate of Service)(Kalil, Clarissa) (Entered: 10/03/2025)

#18

Oct 03, 2025

TEXT ORDER re Petitioner's 17 Motion for Temporary Restraining Order and Preliminary Injunction Pursuant To Fed. R. Civ. P. 65 and Local Rule Of Civil Procedure 65. Counsel shall confer regarding a briefing schedule and shall file a letter setting forth their proposal by October 7, 2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 10/3/2025. (KEF) (Entered: 10/03/2025)

#19

Oct 03, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/03/2025)

#20

Oct 07, 2025

Letter filed by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility re TRO briefing schedule. (Khalil, Adam) (Entered: 10/07/2025)

#21

Oct 08, 2025

TEXT ORDER re Petitioner's 17 Motion for Temporary Restraining Order and Preliminary Injunction. Respondents shall respond by 10/22/2025. Any reply from Petitioner is due by 10/29/2025. The Court will set oral argument at a later date, if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 10/8/2025. (KEF) (Entered: 10/08/2025)

#22

Oct 10, 2025

RESPONSE in Opposition re 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PETITIONERS REPLY IN OPPOSITION TO RESPONDENTS MOTION TO DISMISS filed by Josimar Ferreira Candido. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Certificate of Service Certificate of Service, # 3 Exhibit Exhibit A to C)(Kalil, Clarissa) (Entered: 10/10/2025)

#23

Oct 15, 2025

MEMORANDUM in Opposition re 17 First MOTION for Temporary Restraining Order and Preliminary Injunction Pursuant To Fed. R. Civ. P. 65 and Local Rule Of Civil Procedure 65 filed by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility. (Khalil, Adam) (Entered: 10/15/2025)

#24

Oct 16, 2025

NOTICE REGARDING BOND HEARING AND EXHAUSTION OF ADMINISTRATIVE REMEDIES; filed by Josimar Ferreira Candido NOTICE (Attachments: # 1 Exhibit Exhibit)(Kalil, Clarissa) (Entered: 10/16/2025)

#25

Oct 17, 2025

CONTINUATION OF EXHIBITS by Josimar Ferreira Candido. to 24 Letter IJ Order on Bond filed by Josimar Ferreira Candido. (Kalil, Clarissa) (Entered: 10/17/2025)

#26

Oct 17, 2025

NOTICE by Josimar Ferreira Candido re 22 Response in Opposition to Motion, NOTICE REGARDING BOND HEARING AND EXHAUSTION OF ADMINISTRATIVE REMEDIES (Attachments: # 1 Exhibit Exhibit)(Kalil, Clarissa) (Entered: 10/17/2025)

Oct 17, 2025

E-Filing Notification: Incorrect event used to electronically file document. For future reference, use the Notice event. No action required. 24 Letter filed by Josimar Ferreira Candido NOTICE REGARDING BOND HEARING AND EXHAUSTION OF ADMINISTRATIVE REMEDIES. (Attachments: # 1 Exhibit Exhibit)(Kalil, Clarissa) (DDS)

#27

Nov 04, 2025

TEXT ORDER. By November 12, 2025: - Respondents may reply to any new argument raised by Petitioner, including the "reclassification" argument, see Dkt. 22, at 9-12; - Both Petitioner and Respondents may submit, by letter, any on-point decisions on the Section 1225/1226 issue, selecting the best ones for their position if the cases are repetitive; - Both Petitioner and Respondents shall alert the Court to any pending appeals related to this issue filed in any proceeding; and - Both Petitioner and Respondents shall alert the Court to any status updates regarding Petitioner in this case, by filing a status report. Oral argument on the petition is set for November 21, 2025, at 1:00 PM, in Chautauqua Courtroom, 8th Floor East, 2 Niagara Square, Buffalo, NY before Hon. John L. Sinatra, Jr. An order on Petitioner's motion for a temporary restraining order and preliminary injunction, and other emergency motions, is forthcoming. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 11/4/2025. (KEF) (Entered: 11/04/2025)

#28

Nov 05, 2025

Letter filed by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility with favorable cases and re: circuit court cases (none). (Khalil, Adam) (Entered: 11/05/2025)

#29

Nov 07, 2025

ORDER resolving Petitioner's 11 Motion to Enforce Court's Jurisdiction or, in the Alternative, Order to Show Cause Regarding Contempt, 12 Notice of Transfer in Bad Faith and Request to Add Current Custodian as Respondent, and 17 Moti on for a Temporary Restraining Order and Preliminary Injunction. Respondents shall respond as directed in the attached order by November 12, 2025. The Clerk of Court shall amend the caption to reflect the caption on this decision and order. Signed by Hon. John L. Sinatra, Jr., on 11/7/2025. (KEF) Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf of this document for reference. Clerk to follow up.

#30

Nov 07, 2025

Letter filed by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility re immediate custodian. (Khalil, Adam) (Entered: 11/07/2025)

#31

Nov 07, 2025

Letter filed by Pamela Bondi, Thomas P. Brophy, Kristi Noem, Warden Buffalo Federal Detention Facility re parties' joint request for virtual appearance at oral argument. (Khalil, Adam) (Entered: 11/07/2025)

#32

Nov 07, 2025

Letter filed by Josimar Ferreira Candido Petitioners Letter Submission Pursuant to Courts November 4, 2025 Order (ECF No. 27). (Kalil, Clarissa) (Entered: 11/07/2025)

#33

Nov 10, 2025

TEXT ORDER granting the parties' 31 letter request to appear remotely at oral argument. Counsel may participate in the November 21 oral argument by telephone. Counsel shall contact chambers for instructions on participating telephonically. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 11/10/2025. (KEF) (Entered: 11/10/2025)

#34

Nov 12, 2025

REPLY/RESPONSE to re 27 Text Order,,,,, Set Hearings,,,, 22 Response in Opposition to Motion, filed by Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem. (Attachments: # 1 ECF No. 8 from Johal matter)(Khalil, Adam) (Entered: 11/12/2025)

#35

Nov 12, 2025

MEMORANDUM IN OPPOSITION re 34 Reply/Response PETITIONERS OPPOSITION TO RESPONDENTS REPLY MEMORANDUM OF LAW (ECF No. 34) by Josimar Ferreira Candido. (Attachments: # 1 Exhibit Exhibit)(Kalil, Clarissa) (Entered: 11/12/2025)

Nov 13, 2025

E-Filing Notification: ***NO ACTION REQUIRED*** Please review case caption and case number prior to filing future documents. 35 MEMORANDUM IN OPPOSITION re 34 Reply/Response PETITIONERS OPPOSITION TO RESPONDENTS REPLY MEMORANDUM OF LAW (ECF No. 34) by Josimar Ferreira Candido. (Attachments: # 1 Exhibit Exhibit)(Kalil, Clarissa) (DDS)

#36

Nov 18, 2025

Letter filed by Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem with favorable case. (Khalil, Adam) (Entered: 11/18/2025)

#37

Nov 21, 2025

Letter filed by Josimar Ferreira Candido mandatory decision from Western District Court of New York. (Kalil, Clarissa) (Entered: 11/21/2025)

#38

Nov 21, 2025

Minute Entry for proceedings held before Hon. John L. Sinatra, Jr.: Oral argument held on 11/21/2025. Written decision and orderr to follow. Appearances by videoconference. For petitioner: Clarissa Kalil. For respondents: Adam Khalil. (Court Reporter Bonnie Weber) (KLH) (Entered: 11/24/2025)

#39

Nov 25, 2025

Letter filed by Josimar Ferreira Candido Notice of Recent Authority. (Kalil, Clarissa) (Entered: 11/25/2025)

#40

Nov 26, 2025

Letter filed by Pamela Bondi, Joseph Freden, Steven Kurzdorfer, Kristi Noem re Bautista decision. (Khalil, Adam) (Entered: 11/26/2025)

#41

Nov 28, 2025

Letter filed by Josimar Ferreira Candido Letter filed by Petitioner in response to Respondents Letter dated November 26, 2025 (ECF No. 40). (Kalil, Clarissa) (Entered: 11/28/2025)

#42

Dec 04, 2025

DECISION AND ORDER granting 19 Motion to Dismiss for Failure to State a Claim and denying the relief requested in the petition. Signed by Hon. John L. Sinatra, Jr. on 12/4/2025. (KLH) Please note: This docket entry does not contain every detail of this order. It is your responsibility to read and download the pdf of this document for reference. Clerk to Follow up

#43

Dec 05, 2025

JUDGMENT in favor of Joseph Freden, Kristi Noem, Pamela Bondi, Steven Kurzdorfer against Josimar Ferreira Candido. Signed by Mary C. Loewenguth, Clerk of Court, on 12/4/2025. (DDS) (Entered: 12/05/2025)

#44

Dec 16, 2025

NOTICE OF APPEAL as to 43 Judgment, 42 Order on Motion to Dismiss for Failure to State a Claim, by Josimar Ferreira Candido. Filing fee $ 605, receipt number ANYWDC-5656535. (Kalil, Clarissa) (Entered: 12/16/2025)

#45

Dec 17, 2025

Remark: Within 14 days of filing the Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerks Office will certify and transmit the index to the Circuit. Pursuant to Local Rule 12.1 of the US Court of Appeals for the Second Circuit, Forms C and D must be completed within 14 days after the filing of a notice of appeal. Forms C and D can be obtained at www.ca2.uscourts.gov. (DDS) (Entered: 12/17/2025)

#46

Dec 26, 2025

DESIGNATION of Record on Appeal by Josimar Ferreira Candido CLERK TO FOLLOW UP (Kalil, Clarissa) (Entered: 12/26/2025)

#47

Dec 29, 2025

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (Attachments: # 1 index)(DDS) (Entered: 12/29/2025)