Western District of New York • 6:25-cv-06527

#1

Sep 30, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5590599.), filed by Sergio M QUITUIZACA QUITUISACA. (Attachments: # 1 Exhibit Marriage and Naturalization Certificates of Pet's USC spouse, # 2 Exhibit Birth Certificate Pet's USC child, # 3 Exhibit Receipt Notice I-130, # 4 Exhibit Notice to Appear, # 5 Exhibit IJ Bond Order, # 6 Exhibit EOIR 43, # 7 Exhibit EOIR 26)(Zaiman, Grace) (Entered: 09/30/2025)

#2

Oct 01, 2025

CONTINUATION OF EXHIBITS by Sergio Manuel Quituizaca Quituisaca. Civil Cover Sheet filed by Sergio Manuel Quituizaca Quituisaca. (Zaiman, Grace) (Entered: 10/01/2025)

Oct 01, 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)

Oct 01, 2025

Case originally assigned to Buffalo office. Case is assigned to Judge Elizabeth A. Wolford in the Rochester office and the new case number is 25-cv-6527. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

Oct 01, 2025

E-Filing Notification: re 1 PETITION for Writ of Habeas Corpus. Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (JLH)

#3

Oct 02, 2025

ORDER, Within 45 days of the date of this Order, Respondents shall file and serve, in addition to the answer, 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, accompanied by appropriate exhibits demonstrating that an answer to the petition is unnecessary. The Petitioner shall have 25 days after service of the answer or motion to dismiss to file a written response. The Clerk of Court shall serve a copy of the petition, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorneys Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. Signed by Hon. Elizabeth A. Wolford on 10/2/2025. (DMK) (Additional attachment(s) added on 10/2/2025: # 1 Petition) (DMK). (Entered: 10/02/2025)

#4

Oct 05, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pam Bondi, Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 10/05/2025)

#5

Oct 11, 2025

TEXT ORDER re 3 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. 3). 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)

#6

Oct 16, 2025

RESPONSE to #5 Text Order filed by Sergio Manuel Quituizaca Quituisaca . (Zaiman, Grace) Modified docket text on 10/17/2025 (DMK). (Main Document 6 replaced on 10/17/2025) (DMK). (Entered: 10/16/2025)

#7

Oct 16, 2025

DISREGARD DUPLICATE ENTRY AS 6 . Letter filed by Sergio Manuel Quituizaca Quituisaca . (Zaiman, Grace) Modified on 10/17/2025 (DMK). (Entered: 10/16/2025)

Oct 17, 2025

E-Filing Notification: 6 RESPONSE to #5 Text Order filed by Sergio Manuel Quituizaca Quituisaca. Incorrect event used, and document was upside down. No action required. Clerk replaced document and updated to Response event. In future filing please use correct event. (DMK)

#8

Oct 20, 2025

TEXT ORDER amending 3 Scheduling Order. Upon consideration of the proposals submitted by the parties (Dkt. 6), the Scheduling Order is amended as follows: responses to the Petition (Dkt. 1) are due from Respondents on or before October 27, 2025, and replies are due from Petitioner on or before October 31, 2025. A hearing (oral argument) is hereby set for Friday, November 7, 2025, at 11:00 a.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/20/2025. (MGB) (Entered: 10/20/2025)

#9

Oct 20, 2025

Letter filed by Pam Bondi, Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re oral argument scheduling. (Khalil, Adam) (Entered: 10/20/2025)

#10

Oct 20, 2025

TEXT ORDER re 9 Letter Request to Adjourn Oral Argument. Any objection by Petitioner to Respondents' request is due on or before noon on October 21, 2025. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/20/2025. (MGB) (Entered: 10/20/2025)

#11

Oct 21, 2025

TEXT ORDER granting Respondents' Letter Request 9 to Adjourn Oral Argument set for November 7, 2025, at 11:00 a.m., without objection from Petitioner. Oral Argument is reset for November 12, 2025 at 2:00 p.m. in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. Signed by Hon. Elizabeth A. Wolford on 10/21/2025. (MGB) (Entered: 10/21/2025)

#12

Oct 24, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pam Bondi, Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/24/2025)

#13

Oct 31, 2025

RESPONSE in Opposition re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sergio Manuel Quituizaca Quituisaca. (Zaiman, Grace) (Entered: 10/31/2025)

#14

Nov 05, 2025

Letter filed by Pam Bondi, Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem with BIA decision granting stay of IJ's bond order. (Khalil, Adam) (Entered: 11/05/2025)

#15

Nov 12, 2025

ORDER denying 12 Motion to Dismiss and granting Petition 1 to the extent it seeks an order requiring that the terms of the release order be enforced. Signed by Hon. Elizabeth A. Wolford on 11/12/2025. (MGB)

#16

Nov 12, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Grace E. Zaiman, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of Respondents. Oral Argument re 1 PETITION for Writ of Habeas Corpus and 12 MOTION TO DISMISS held on 11/12/2025. Court to issue separate Order denying 12 Motion to Dismiss and granting 1 Petition requiring that the terms of the release order be enforced for reasons as stated on the record. (Court Reporter Karen Clark.) (DPS) (Entered: 11/13/2025)

#17

Nov 14, 2025

Letter filed by Pam Bondi, Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re Petitioner's release. (Khalil, Adam) (Entered: 11/14/2025)

#18

Nov 24, 2025

DECISION AND ORDER denying 12 Motion to Dismiss and granting Petition 1 to the extent it seeks an order requiring that the terms of the release order be enforced. Signed by Hon. Elizabeth A. Wolford on 11/24/2025. (MGB)

#19

Nov 24, 2025

TEXT ORDER. On November 12, 2025, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks an order requiring that the terms of the release order be enforced. (Dkt. 15; Dkt. 18). On November 14, 2025, Respondents informed the Court that Petitioner paid the bond and was released from immigration detention. (Dkt. 17). The Court views the issues raised by the petition as now resolved and intends to direct the Clerk's Office to close the case, unless on or before December 1, 2025, either party objects. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/24/2025. (MGB) (Entered: 11/24/2025)

#20

Dec 05, 2025

TEXT ORDER. On November 12, 2025, the Court granted Petitioner's petition (Dkt. 1) to the extent it seeks an order requiring that the terms of the release order be enforced. (Dkt. 15; Dkt. 18). On November 14, 2025, Respondents informed the Court that Petitioner paid the bond and was released from immigration detention. (Dkt. 17). The Court issued a Text Order on November 24, 2025, directing the parties to inform the Court on or before December 1, 2025, if any matters in the petition remained unresolved and to date, nothing has been filed. Accordingly, the Court directs the Clerk of Court to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2025. (MGB) Clerk to Follow up (Entered: 12/05/2025)