Western District of New York • 6:25-cv-06106
Da Silva Luciano v. Bondi
Terminated
Case Information
Filed: February 18, 2025
Assigned to:
Elizabeth Ann Wolford
Referred to:
—
Nature of Suit: Habeas Corpus (General)
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: April 28, 2025
Last Activity:
April 28, 2025
Parties:
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Docket Entries
#1
Feb 18, 2025
PETITION for Writ of Habeas Corpus, filed by Pereira Da Silva Luciano. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope) (JHF) (Entered: 02/19/2025)
Main Document:
PETITION
Feb 18, 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. (JHF)
Feb 18, 2025
Prisoner Pro Se Packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge and Civil Case Timeline mailed to petitioner. (JHF)
#2
Feb 21, 2025
ORDER administratively terminating the action. If Plaintiff wishes to reopen this action, he shall pay the filing fees of $405.00, or notify the Court in writing as directed no latter than 30 days from the date of this order. Clerk directed to send to Plaintiff a form motion to proceed in forma pauperis. Signed by Hon. Elizabeth A. Wolford on 2/21/25. (JHF) (Entered: 02/21/2025)
#3
Feb 21, 2025
JUDGMENT administratively terminating the action. Signed by Clerk on 2/21/25. (JHF) (Entered: 02/21/2025)
Main Document:
JUDGMENT
Feb 21, 2025
Clerk mailed copy of 2 Order, 3 Judgment and a form motion to proceed in forma pauperis to petitioner. (JHF)
Feb 26, 2025
Filing fee received: $5.00, receipt number 600001197. (JHF)
#4
Feb 27, 2025
ORDER directing Respondent's answer and memorandum of law due or a motion to dismiss due within 45 days of this order. Petitioner shall have 25 days upon receipt of answer (or motion to dismiss) to file a response. Clerk shall serve a copy of 1 petition and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>. Signed by Hon. Elizabeth A. Wolford on 2/27/25. (Attachments: # 1 Petition) (JHF) (Entered: 02/27/2025)
Main Document:
ORDER
Feb 27, 2025
Clerk served a copy of 1 petition and 4 order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>. Copy of 4 mailed to petitioner. (JHF)
#5
Mar 04, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Eric H. Holder (Khalil, Adam) (Entered: 03/04/2025)
Main Document:
NOTICE
#6
Mar 13, 2025
MOTION to Appoint Counsel by Pereira Da Silva Luciano. (Attachments: # 1 Envelope) (JHF) (Entered: 03/13/2025)
Main Document:
MOTION
#7
Mar 14, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Eric H. Holder, Michael Philips, Department of Homeland Security, Todd Tryon (Khalil, Adam) (Entered: 03/14/2025)
Main Document:
NOTICE
#8
Mar 14, 2025
RESPONSE to Motion re 6 MOTION to Appoint Counsel taking no position filed by Eric H. Holder, Michael Philips, Department of Homeland Security, Todd Tryon. (Khalil, Adam) (Entered: 03/14/2025)
Main Document:
RESPONSE
#9
Mar 14, 2025
CERTIFICATE OF SERVICE by Eric H. Holder, Michael Philips, Department of Homeland Security, Todd Tryon re 7 Notice of Appearance, 8 Response to Motion (Khalil, Adam) (Entered: 03/14/2025)
Main Document:
CERTIFICATE
#10
Mar 20, 2025
ORDER denying without prejudice as premature 6 Motion to Appoint Counsel. Clerk directed to update the docket to reflect that Pamela Bondi is substituted as the United States Attorney Respondent. Signed by Hon. Elizabeth A. Wolford on 3/20/25. (JHF) This was mailed to: Pereira Da Silva Luciano, A-214-543-659, BUFFALO FEDERAL DETENTION FACILITY, 4250 Federal Drive, Batavia, NY 14020. (Entered: 03/20/2025)
Main Document:
ORDER
#11
Apr 14, 2025
Letter filed by Pamela Bondi, Michael Philips, Department of Homeland Security, Todd Tryon Regarding Petition in Light of Black v. Decker. (Bobseine, James) (Entered: 04/14/2025)
Main Document:
Letter
#12
Apr 18, 2025
ORDER re 1 Petition for Writ of Habeas Corpus filed by Pereira Da Silva Luciano granting a bond hearing before an Immigration Judge within 21 days of this Order. Respondent is directed to file a status update with the Court within seven (7) days of the date of a decision concerning Petitioner's bond hearing. The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case. Signed by Hon. Elizabeth A. Wolford on 4/18/2025. (LB)This was mailed to: Pereira Da Silva Luciano.
Main Document:
ORDER re 1 Petition for Writ of Habeas Corpus filed by Pereira Da Silva Luciano granting a bond hearing before an Immigration Judge within 21 days of this Order. Respondent is directed to file a status update with the Court within seven (7) days of the date of a decision concerning Petitioner's bond hearing. The Clerk of Court is directed to enter judgment in favor of Petitioner and close the case. Signed by Hon. Elizabeth A. Wolford on 4/18/2025. (LB)This was mailed to: Pereira Da Silv
#13
Apr 18, 2025
JUDGMENT in favor of Pereira Da Silva Luciano against Department of Homeland Security, Michael Philips, Pamela Bondi, Todd Tryon. Signed by Mary C. Loewenguth, Clerk of Court, on 4/18/2025. (LB)This was mailed to: Pereira Da Silva Luciano. (Entered: 04/18/2025)
#14
Apr 21, 2025
Letter filed by Pamela Bondi, Michael Philips, Department of Homeland Security, Todd Tryon re dismissal of appeal by BIA and transfer of authority for Petitioner's detention. (Khalil, Adam) (Entered: 04/21/2025)
Main Document:
Letter
#15
Apr 21, 2025
CERTIFICATE OF SERVICE by Pamela Bondi, Michael Philips, Department of Homeland Security, Todd Tryon re 14 Letter (Khalil, Adam) (Entered: 04/21/2025)
Main Document:
CERTIFICATE
#16
Apr 21, 2025
TEXT ORDER re: 14 Letter from Respondents. On April 21, 2025, Respondents advised the Court that, due to an oversight, Respondents neglected to inform the Court that the authority for Petitioner's detention converted from 8 U.S.C. § 1226 to 8 U.S.C. § 1231. If Respondents seek relief from the Court's April 18, 2025 Order, they must file a formal motion pursuant to Federal Rule of Civil Procedure 60. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/21/2025. (KLJ)This was mailed to: Petitioner. (Entered: 04/21/2025)
#17
Apr 22, 2025
MOTION Relief from Order pursuant to FRCP 60(b)(1) re 12 Order, by Pamela Bondi, Michael Philips, Department of Homeland Security, Todd Tryon. (Attachments: # 1 Declaration of Adam Khalil, # 2 Memorandum in Support) (Khalil, Adam) (Entered: 04/22/2025)
Main Document:
MOTION
#18
Apr 22, 2025
TEXT ORDER re 17 Motion for Relief from Order. Responses are due on or before May 5, 2025. Replies are due on or before May 9, 2025. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the motion will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/22/2025. (KLJ)This was mailed to: Petitioner. (Entered: 04/22/2025)
#19
Apr 22, 2025
CERTIFICATE OF SERVICE by Pamela Bondi, Michael Philips, Department of Homeland Security, Todd Tryon re 17 MOTION Relief from Order pursuant to FRCP 60(b)(1) re 12 Order. (Khalil, Adam) (Entered: 04/22/2025)
Main Document:
CERTIFICATE
#20
Apr 24, 2025
NOTICE of Appearance by Aaron Jacob Aisen on behalf of Pereira Da Silva Luciano (Aisen, Aaron) (Entered: 04/24/2025)
Main Document:
NOTICE
#21
Apr 28, 2025
STIPULATION of Dismissal Without Prejudice by Pereira Da Silva Luciano. (Aisen, Aaron) (Entered: 04/28/2025)
Main Document:
STIPULATION
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