Western District of New York • 6:25-cv-06508

#1

Sep 23, 2025

PETITION for Writ of Habeas Corpus (Verified) ( Filing fee $ 5 receipt number ANYWDC-5584150.), filed by Arturo Rodriguez Martinez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Green, Brian) (Entered: 09/23/2025)

#2

Sep 23, 2025

MOTION for Order to Show Cause and Brief in Support by Arturo Rodriguez Martinez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Green, Brian) (Entered: 09/23/2025)

#3

Sep 24, 2025

ORDER directing service of 1 Petition for Writ of Habeas Corpus, 2 Motion for Order to Show Cause; granting temporary stay pending further Order of the Court; setting telephone status conference for September 26, 2025, at 3:00 p.m., EST. Signed by Hon. Elizabeth A. Wolford on 09/24/2025. (MGB) (Entered: 09/24/2025)

Sep 24, 2025

Case originally assigned to the Buffalo office. Case is assigned to Judge Elizabeth A. Wolford in the Rochester office and the new case number is 25-cv-6508. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

#4

Sep 26, 2025

TEXT ORDER. On September 23, 2025, Petitioner filed a petition and Order to Show Cause seeking immediate relief. (Dkt. 1; Dkt. 2). Although not in compliance with the District's Local Rules regarding motions for temporary and emergency relief, the undersigned nonetheless gave Petitioner the benefit of the doubt and issued an order granting temporary relief and setting a conference for today at 3:00 p.m. Eastern Standard Time. The undersigned required proof of service as directed in the Order. (Dkt. 3). No proof of service was filed, and at the designated date and time, nobody appeared for the telephone conference. Accordingly, the Court hereby vacates the Order entered on September 24, 2025, at Docket 3, and the Motion for an Order to Show Cause is denied without prejudice. A scheduling order for the Petition will be issued in due course. Any future requests for temporary and emergency relief must comply with the Federal and Local Rules, or they will be summarily denied. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/26/2025. (CAL) (Entered: 09/26/2025)

#5

Sep 26, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Telephone Conference held on 9/26/2025. No appearances by parties. Court to issue separate Text Order. (Court Reporter Karen Clark.) (DPS) (Entered: 09/26/2025)

#6

Sep 28, 2025

MOTION to appear pro hac vice (with Notice of Motion and exhibits) ( Filing fee $ 200 receipt number ANYWDC-5587879.) by Arturo Rodriguez Martinez. (Attachments: # 1 Memorandum in Support Motion for Admission Pro Hac Vice, # 2 Exhibit Signed PHV Application Form, # 3 Exhibit Signed Sponsor Affidavit, # 4 Exhibit Signed Attorney's Oath, # 5 Exhibit Signed Civility Principles & Guidelines, # 6 Exhibit Signed Attorney Database Registration Form, # 7 Text of Proposed Order)(Green, Brian) (Entered: 09/28/2025)

#7

Sep 30, 2025

Emergency MOTION for Temporary Restraining Order, Notice of Motion, and Proposed Order by Arturo Rodriguez Martinez. (Attachments: # 1 Memorandum in Support Motion for Temporary Restraining Order, # 2 Text of Proposed Order)(Green, Brian) (Entered: 09/30/2025)

#8

Sep 30, 2025

TEXT ORDER denying 7 Motion for Temporary Restraining Order and Request for Expedited Hearing. On September 23, 2025, Petitioner filed a petition and Order to Show Cause seeking immediate relief. (Dkt. 1; Dkt. 2). Although not in compliance with the District's Local Rules regarding motions for temporary and emergency relief, the Court issued an Order granting temporary relief staying any transfer of Petitioner out of the Western District of New York pending further Order of the Court, requiring proof of service, and setting a conference for September 26, 2025. (Dkt. 3). No proof of service was filed and nobody appeared as directed for the telephone conference on September 26. The Court vacated its prior Order and warned that any future requests for temporary and emergency relief must comply with the Federal and Local Rules or will be summarily denied. (Dkt. 4).Today, Petitioner filed a motion for a Temporary Restraining Order and request for expedited hearing. (Dkt. 7). The motion is facially insufficient. Not only does it not address the reasons for Petitioner's failure to comply with the Court's previous directives, but it does not contain a memorandum of law in support or provide any factual or legal basis at all for the relief sought. To the extent Petitioner intended to rely on the allegations contained in his verified petition, he did not indicate as much and even if he had, those allegations are insufficient on their own to grant the emergency relief Petitioner is seeking on the instant application. In addition, counsel has not complied with the undersigned's practice preferences when seeking expedited relief. Counsel is again reminded that requests for temporary and emergency relief must comply with the Federal and Local Rules or they will be summarily denied. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/30/2025. (MGB) (Entered: 09/30/2025)

#9

Sep 30, 2025

TEXT ORDER granting 6 motion for pro hac vice by Adam Solow. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/30/2025. (MGB)Clerk to Follow up (Entered: 09/30/2025)

#10

Oct 02, 2025

ORDER that within 45 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the petition, as well as a memorandum of law addressing each of the issues raised in the petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act. Within 45 days of the date of this Order, instead of an answer, Respondents may file a motion to dismiss the petition. The Petitioner shall have 25 days after service of the answer or motion to dismiss to file a written response. Signed by Hon. Elizabeth A. Wolford on 10/2/2025. (Attachments: # 1 Petition)(DMK) (Entered: 10/03/2025)

#11

Oct 04, 2025

NOTICE of Appearance by Aaron J. Aisen on behalf of Arturo Rodriguez Martinez (Aisen, Aaron) (Entered: 10/04/2025)

#12

Oct 11, 2025

TEXT ORDER re 10 Order. The parties are advised that the Court intends to hold a hearing on the pending petition (Dkt. 1) and believes it would be reasonable under the circumstances to shorten the deadlines set forth in the previously issued scheduling order (Dkt. 10). Accordingly, on or before October 16, 2025, counsel are directed to meet and confer in an attempt to reach agreement on an abbreviated briefing schedule for this matter and to advise the Court of dates that they are mutually available for a hearing. If the parties cannot agree, they may submit competing proposals on or before the same date. The submissions should be made by letter and shall be filed on the docket. Absent submission(s) in accordance with this Text Order, the Court will sua sponte adjust the briefing schedule and schedule a hearing. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/11/2025. (MGB) (Entered: 10/11/2025)

#13

Oct 14, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility (Khalil, Adam) (Entered: 10/14/2025)

#14

Oct 14, 2025

Letter filed by Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility with abbreviated briefing schedule. (Khalil, Adam) (Entered: 10/14/2025)

#15

Oct 14, 2025

TEXT ORDER amending 10 Scheduling Order. Responses to the Petition (Dkt. 1) are due from Respondents on or before October 24, 2025. Petitioner shall reply on or before October 31, 2025. A hearing (oral argument) is hereby set for Wednesday, November 12, 2025, at 3:30 p.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/14/2025. (MGB) (Entered: 10/14/2025)

#16

Oct 14, 2025

AMENDED COMPLAINT against Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility, filed by Arturo Rodriguez Martinez. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Aisen, Aaron) (Entered: 10/14/2025)

#17

Oct 20, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/20/2025)

#18

Oct 31, 2025

RESPONSE in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Arturo Rodriguez Martinez. (Aisen, Aaron) (Entered: 10/31/2025)

#19

Nov 12, 2025

ORDER denying 17 Motion to Dismiss and granting 16 Petition to the extent that Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 11/12/2025. (MGB)

#20

Nov 12, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Aaron J. Aisen, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of Respondents. Oral Argument re 16 AMENDED PETITION and 17 MOTION TO DISMISS held on 11/12/2025. Court to issue separate Order denying 17 Motion to Dismiss and granting 16 Amended Petition to the extent that Petitioner seeks a bond hearing for reasons as stated on the record. (Court Reporter Karen Clark.) (DPS) (Entered: 11/13/2025)

#21

Nov 13, 2025

Letter filed by Arturo Rodriguez Martinez Proposed Schedule Supplemental Briefing. (Aisen, Aaron) (Entered: 11/13/2025)

#22

Nov 13, 2025

TEXT ORDER granting 21 Letter Proposal for Supplemental Briefing. The submission of supplemental briefing on Count 1 of the petition shall be due on or before November 19, 2025. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/13/2025. (MGB) (Entered: 11/13/2025)

#23

Nov 13, 2025

Letter filed by Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility re: no issuance of warrant for arrest of alien. (Khalil, Adam) (Entered: 11/13/2025)

#24

Nov 18, 2025

Letter filed by Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility re bond hearing. (Khalil, Adam) (Entered: 11/18/2025)

#25

Nov 19, 2025

REPLY/RESPONSE to re 22 Text Order re Count 1 of Amend. Pet. filed by Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility. (Khalil, Adam) (Entered: 11/19/2025)

#26

Nov 19, 2025

MEMORANDUM/BRIEF re 22 Text Order Supplemental Brief by Arturo Rodriguez Martinez. (Aisen, Aaron) (Entered: 11/19/2025)

#27

Nov 19, 2025

MEMORANDUM/BRIEF re 22 Text Order CORRECTED by Arturo Rodriguez Martinez. (Aisen, Aaron) (Entered: 11/19/2025)

#28

Nov 20, 2025

REPLY/RESPONSE to re 22 Text Order re Count 1 of Petition filed by Pam Bondi, Todd Lyons, Kristi Noem, Warden of the Batavia Federal Detention Facility. (Khalil, Adam) (Entered: 11/20/2025)

#29

Dec 01, 2025

TEXT ORDER. On November 12, 2025, the undersigned issued an Order granting Petitioner's request for a bond hearing with the burden of proof placed on the government, and indicating that a more detailed decision would be issued in due course clarifying the reasons for the Order. (Dkt. 19). Since then, the undersigned has issued two written decisions addressing the issues raised by Petitioner: Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025) and Quituizaca Quituisaca v. Bondi et al., No. 6:25-CV-6527-EAW, 2025 WL 3264440 (W.D.N.Y. Nov. 24, 2025). The undersigned refers the parties to those decisions for the more detailed reasons behind the Order entered November 12, 2025.In addition, as noted in the letter filed on November 18, 2025, a bond hearing was held pursuant to the undersigned's November 12, 2025 Order and bond was set. (Dkt. 24). Petitioner paid the bond and he was released. While the parties have provided further briefing concerning count one of the amended petition (see Dkt. 25; Dkt. 27; Dkt. 28), and Petitioner argues that "DHS has 30 days from the date of the bond order to file the appeal," (Dkt. 27 at 5), it nonetheless appears to the undersigned that at this time the issues raised by count one are moot. Indeed, count one seeks as a remedy Petitioner's immediate release, and yet Petitioner has been released. Accordingly, the Court intends to dismiss the remaining claims in the petition without prejudice unless on or before December 8, 2025, either party provides a memorandum of law setting forth sufficient reasons as to why that is not an appropriate course of action. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/01/2025. (MGB) (Entered: 12/01/2025)

#30

Dec 12, 2025

TEXT ORDER. On November 12, 2025, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks an order for a bond hearing (Dkt. 19). On November 18, 2025, Respondents informed the Court that a bond hearing was held and bond was set. (Dkt. 24). The Court issued a Text Order on December 1, 2025, directing the parties to inform the Court on or before December 8, 2025, if any matters in the petition remained unresolved and to date, nothing has been filed. Accordingly, the Court dismisses the remaining claims in the petition without prejudice and directs the Clerk of Court to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/12/2025. (MGB)Clerk to Follow up (Entered: 12/12/2025)

#31

Dec 15, 2025

JUDGMENT closing the case. Signed by Mary C. Loewenguth, Clerk of Court on 12/15/25. (RE) (Main Document 31 replaced with legible on 12/15/2025) (RE). (Entered: 12/15/2025)