Western District of New York • 1:25-cv-00902

#1

Sep 20, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5581688.), filed by Luis Antonio Falcon Tenelema. (Attachments: # 1 Civil Cover Sheet)(Aisen, Aaron) (Entered: 09/20/2025)

Sep 22, 2025

Case Assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (LEB)

Sep 22, 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. (LEB)

#2

Sep 25, 2025

ORDER TO SHOW CAUSE: Show Cause Response due by 9/30/2025. Show Cause Hearing set for 10/2/2025 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Meredith A. Vacca. ORDERED that Petitioner's reply, if any, shall be filed by Wednesday, October 1, 2025 by 5:00 PM ET. ORDERED that Respondents refrain from transferring Petitioner out of this District until the Order to Show Cause is resolved. ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYWImmigration-Habeas@usdoj.gov. Signed by Hon. Meredith A. Vacca on 9/25/2025. (Attachments: # 1 Petition) (TMK) (Entered: 09/25/2025)

#3

Sep 25, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem (Khalil, Adam) (Entered: 09/25/2025)

#4

Sep 25, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem re transfer of Petitioner prior to this Court's Order. (Khalil, Adam) (Entered: 09/25/2025)

#5

Sep 25, 2025

TEXT SCHEDULING ORDER. In light of Respondents' letter [ECF No. 4], counsel for the parties shall appear virtually via Microsoft Teams for a status conference on Friday, 09/26/2025 at 2:15 PM via video conference before Hon. Meredith A. Vacca. Access information will be distributed to counsel via email. SO ORDERED.Signed by Hon. Meredith A. Vacca on 09/25/2025. (JCL) (Entered: 09/25/2025)

#6

Sep 26, 2025

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Status Conference held on 9/26/2025. Appearances: Aaron Aisen, Esq. and Todd Pomerleau, Esq. for Plaintiff; Adam Khalil, Esq. for Defendants. Parties advise Court of pending Immigration Court case. Court will hold case in abeyance pending outcome of Immigration proceedings. Previous scheduling order void. Parties are advised to keep the Court apprised of Immigration proceedings. (Court Reporter Joony Odenbach.) (KSP) (Entered: 09/26/2025)

#7

Nov 24, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem re denial of motion to reopen in immigration court. (Khalil, Adam) (Entered: 11/24/2025)

#8

Nov 24, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem seeking clarification as to transfer of Petitioner outside WDNY for removal. (Khalil, Adam) (Entered: 11/24/2025)

#9

Nov 24, 2025

TEXT ORDER. The Court is in receipt of Respondents' letters regarding the status of Petitioner's motion to reopen and requesting clarification with respect to the Court's earlier order to show cause. ECF Nos. 7, 8. In that regard, the Court notes that the "previous scheduling order" that the Court referenced as void in its minute entry from the 9/26/25 status conference (ECF No. 6) was the "Order to Show Cause" that directed that Petitioner remain in this District until a "Show Cause" hearing could be held. As the Order to Show Cause is no longer in effect, the Court declines to interfere with Respondents' authority to transfer Petitioner as warranted. Petitioner is directed to submit a brief status letter in this matter on or before Friday, December 5, 2025 informing the Court whether he intends to file an amended petition or if the Court should dismiss the petition as moot. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/24/2025. (JCL) (Entered: 11/24/2025)

#10

Nov 24, 2025

Letter filed by Luis Antonio Falcon Tenelema Status Update in Response to Dkt Nos. 7-8. (Aisen, Aaron) (Entered: 11/24/2025)

#11

Nov 25, 2025

NOTICE of Appearance by Todd C Pomerleau on behalf of Luis Antonio Falcon Tenelema (Pomerleau, Todd) (Entered: 11/25/2025)

#12

Nov 26, 2025

AMENDED COMPLAINT against Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem, filed by Luis Antonio Falcon Tenelema.(Pomerleau, Todd) (Entered: 11/26/2025)

#13

Nov 26, 2025

Emergency MOTION for Temporary Restraining Order by Luis Antonio Falcon Tenelema. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Pomerleau, Todd) (Entered: 11/26/2025)

#14

Nov 26, 2025

Emergency MOTION to Expedite Consideration of Petitioner's Temporary Restraining Order by Luis Antonio Falcon Tenelema. (Attachments: # 1 Declaration)(Pomerleau, Todd) (Entered: 11/26/2025)

#15

Nov 26, 2025

TEXT SCHEDULING ORDER. At approximately 8 AM on Monday, November 24, 2025, Respondent notified the Court and Petitioner that on Thursday, November 20, 2025, an Immigration Judge had denied Petitioner's motion to reopen his removal proceedings. ECF No. 7. After the Court directed Petitioner to provide a status update, counsel for Petitioner indicated that he would be filing a motion for a temporary restraining order later that same day. ECF No. 10. At 1 PM on Wednesday, November 26, 2025, Petitioner filed a motion for a temporary restraining order [ECF No. 13] and a motion to expedite consideration of that motion [ECF No. 14]. Despite the requirements of Local Rule 7(d)(1), counsel did not personally deliver courtesy copies of the motion papers to chambers, or contact chambers by telephone to request a waiver of this requirement. Loc. R. Civ. P. 7(d)(1). In any event, the Court has reviewed Petitioner's papers. A status conference in this matter is set for Monday, December 1, 2025 at 2 PM in Courtroom 2 at the Keating Federal Building, 100 State Street, Rochester, New York before Hon. Meredith A. Vacca. As Petitioner's counsel is based in Massachusetts, the Court will contact him via email to distribute a link to connect remotely. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/26/2025. (JCL) (Entered: 11/26/2025)

#16

Dec 01, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem re transfer to Louisianna. (Khalil, Adam) (Entered: 12/01/2025)

#17

Dec 01, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem with D&O of Judge Geraci upon similar facts. (Khalil, Adam) (Entered: 12/01/2025)

#18

Dec 01, 2025

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Status Conference held on 12/1/2025. Appearances: Aaron Aisen, Esq and Todd Pomerleau, Esq, for Plaintiff, both via video conference; Adam Khalil, AUSA, for Defendants. The Court hears arguments from both parties re: pending motions. The Court will issue a written decision at a later date. (Court Reporter Diane Martins.) (KSP) (Entered: 12/01/2025)

#19

Dec 08, 2025

ORDER granting 14 Motion to Expedite, denying 13 Motion for TRO. For the reasons discussed in the attached decision and order, Petitioner's motion for a temporary restraining order is DENIED. The parties are directed to confer and inform the Court of their thoughts on how this matter should proceed by filing a brief status report no later than December 15, 2025. SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/08/2025. (JCL)

#20

Dec 15, 2025

NOTICE of Voluntary Dismissal by Luis Antonio Falcon Tenelema (Aisen, Aaron) (Entered: 12/15/2025)

#21

Dec 16, 2025

TEXT ORDER DIRECTING CLERK OF COURT TO CLOSE THIS ACTION. On December 15, 2025, Petitioner filed a Notice of Voluntary Dismissal. ECF No. 20. Because Respondent had not yet answered the petition, Fed. R. Civ. Pr. 41(a)(1)(i) operated to dismiss the petition without prejudice without court order. Accordingly, the Clerk of Court is directed to close this action. SO ORDERED. See Tartaglione v. Easter, No. 3:20-CV-1165 (CSH), 2021 WL 40187, at *2 (D. Conn. Jan. 5, 2021) (finding a habeas petitioner was entitled to voluntary dismissal without prejudice without a court order where her request complied with Rule 41(a)). Signed by Hon. Meredith A. Vacca on 12/16/2025. (JCL)Clerk to Follow up (Entered: 12/16/2025)