Western District of New York • 6:25-cv-06538

#1

Oct 03, 2025

Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5594086.), filed by Uguimar Felipe Rezende. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Bardavid, Joshua) (Entered: 10/03/2025)

#2

Oct 03, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 10/03/2025)

#3

Oct 03, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 10/03/2025)

#4

Oct 03, 2025

Original Summons Filed. (Bardavid, Joshua) (Entered: 10/03/2025)

#5

Oct 03, 2025

MOTION to appear pro hac vice on behalf of Clarissa Kalil, Esq. ( Filing fee $ 200 receipt number ANYWDC-5594098.) by Uguimar Felipe Rezende.(Bardavid, Joshua) (Entered: 10/03/2025)

#6

Oct 03, 2025

MOTION for Temporary Restraining Order by Uguimar Felipe Rezende. (Attachments: # 1 Text of Proposed Order)(Bardavid, Joshua) (Entered: 10/03/2025)

#7

Oct 03, 2025

ORDER granting 5 Motion for Pro Hac Vice for Clarissa Moraes Kalil. Signed by Hon. Meredith A. Vacca on 10/3/2025. (KSP) (Entered: 10/03/2025)

#8

Oct 03, 2025

ORDER TO SHOW CAUSE Status Conference (virtual) set for 10/8/2025 10:30 AM before Hon. Meredith A. Vacca. Respondent Response due by 12:00 PM noon on 10/9/2025. Petitioner Reply due by 4:00 PM on 10/10/2025. Petitioner's motion for TRO is denied given this Order to Show Cause. See order for complete details. Signed by Hon. Meredith A. Vacca on 10/3/2025. (Attachments: # 1 Petition, # 2 Motion for TRO)(DMK) (Entered: 10/03/2025)

Oct 03, 2025

Case originally assigned to the Buffalo Office. Case is assigned to Meredith A. Vacca in the Rochester office and the new case number is 25-cv-6538. All future docketing should be entered on the new case number. Notification to Chambers of on-line civil case opening. (JLH)

Oct 03, 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)

#9

Oct 06, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem (Khalil, Adam) (Entered: 10/06/2025)

#10

Oct 06, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem re transfer of Petitioner on October 4. (Khalil, Adam) (Entered: 10/06/2025)

#11

Oct 06, 2025

REPLY/RESPONSE to re 10 Letter Opposition to Respondents October 6, 2025 Letter and Emergency Motion to Enforce October 3, 2025 Order; Motion for Contempt, Release or Return, and Sanctions filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem. (Attachments: # 1 Exhibit Exhibit List, # 2 Certificate of Service Certificate of Service, # 3 Text of Proposed Order Proposed Order)(Kalil, Clarissa) (Entered: 10/06/2025)

#12

Oct 08, 2025

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Status Conference held on 10/8/2025. Appearances: Clarissa Moraes Kalil, Esq., on behalf of Plaintiff; Adam A. Khalil, AUSA, on behalf of Defendants. Parties advise Court of status and immigration proceedings. Response and Reply deadlines remain in effect as previously ordered in 8 . Show Cause Hearing set for 10/20/2025 at 11:00 AM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. (Court Reporter Joony Odenbach.) (KSP) (Entered: 10/08/2025)

#13

Oct 08, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 10/08/2025)

#14

Oct 17, 2025

RESPONSE in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM REPLY IN OPPOSITION TO RESPONDENTS MOTION TO DISMISS filed by Uguimar Felipe Rezende. (Attachments: # 1 Certificate of Service Certificate of Service, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Exhibit A to C)(Kalil, Clarissa) (Entered: 10/17/2025)

#15

Oct 20, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem re: authority for Rezende's detention. (Khalil, Adam) (Entered: 10/20/2025)

#16

Oct 20, 2025

Minute Entry for proceedings held before Hon. Meredith A. Vacca: Show Cause Hearing held on 10/20/2025. Appearances: Clarissa Moraes Kalil, Esq. present with Plaintiff; Adam A. Khalil, AUSA, on behalf of Defendants. The Court hears oral arguments from both parties. The Court reserves decision and will issue a written decision at a future date. (Court Reporter Joony Odenbach.) (KSP) (Entered: 10/20/2025)

#17

Oct 22, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem re warrant issued for Rezende. (Khalil, Adam) (Entered: 10/22/2025)

#18

Oct 24, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem with copy of Form I-200, Warrant for Arrest of Alien. (Khalil, Adam) (Entered: 10/24/2025)

#19

Oct 29, 2025

TEXT ORDER denying 13 Respondents' Motion to Dismiss for Failure to State a Claim and granting Petitioner's request for a bond hearing before an Immigration Judge.On October 3, 2025, Petitioner filed his Emergency Petition for Writ of Habeas Corpus, contending, inter alia, that his detention is unlawful under 8 U.S.C. 1226(a) because he has not been provided a bond hearing and will not be pursuant to Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), without habeas relief. ECF No. 1 at 8-14. The Court held a status conference on October 8 at which Petitioner asserted that his physical presence was required to address factual issues. ECF No. 12 . Thereafter, Respondents moved to dismiss the petition, arguing that Petitioner failed to exhaust his administrative remedies and is lawfully detained under 8 U.S.C. 1225(b)(2), and therefore is not entitled to a bond hearing. ECF No. 13 . Petitioner filed a response. ECF No. 14 . On October 20, Respondents filed a letter, changing their position to argue that Petitioner was detained under 8 U.S.C. 1225(b)(1)(B)(ii), pending consideration of his application for asylum. ECF No. 15 . The Court heard oral argument from counsel for both parties on October 20, 2025, with Petitioner present. ECF No. 16.After considering the parties' papers and the arguments of counsel, the Court concludes that Petitioner is being detained under 8 U.S.C. 1226(a). Furthermore, because all three of the factors set forth in Mathews v. Eldridge, 424 U.S. 319 (1976) weigh in Petitioner's favor, the Court finds that the denial of a bond hearing violates his procedural due process rights. Therefore, Petitioner is entitled to a bond hearing. See 8 U.S.C. 1226(a) (stating that non-citizens detained under 8 U.S.C. 1226(a) may be released on... bond" or "conditional parole); 8 C.F.R. 1236.1(d)(1); 8 C.F.R. 1003.19(a) (Custody and bond determinations made by the service pursuant to 8 CFR part 1236 may be reviewed by an Immigration Judge pursuant to 8 CFR part 1236.).For the reasons stated above and in a forthcoming written decision that will fully discuss the Court's rationale, Respondents' Motion to Dismiss 13 is DENIED and the Emergency Petition for a Writ of Habeas Corpus 1 is GRANTED TO THE EXTENT that Respondents shall conduct a constitutionally adequate bond hearing within fourteen (14) days of the date of this Order, where the Government bears the burden of proving by clear and convincing evidence that Petitioners continued detention is justified based on his dangerousness to the community or risk of flight. Velasco Lopez v. Decker, 978 F.3d 842, 855-57 (2d Cir. 2020). If such bond hearing is not conducted within fourteen (14) days of the date of this Order, Petitioner shall be released from custody. Respondents shall file a status report no later than November 19, 2025, confirming that Petitioner has either been granted a bond hearing within fourteen (14) days or released from custody, in compliance with this Order.SO ORDERED. Signed by Hon. Meredith A. Vacca on 10/29/25. (NWA) (Entered: 10/29/2025)

#20

Nov 05, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem re bond hearing held today. (Khalil, Adam) (Entered: 11/05/2025)

#21

Nov 07, 2025

Letter filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 11/07/2025)

#22

Dec 04, 2025

First MOTION for Attorney Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) by Uguimar Felipe Rezende. (Attachments: # 1 Supplement Memorandum of Law in Support of EAJA Motion, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Exhibit List)(Kalil, Clarissa) (Entered: 12/04/2025)

#23

Dec 08, 2025

RESPONSE in Opposition re 22 First MOTION for Attorney Fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) filed by Pamela Bondi, Thomas Brophy, Warden of Buffalo Federal Detention Center, Kristi Noem. (Khalil, Adam) (Entered: 12/08/2025)

#24

Dec 17, 2025

REPLY/RESPONSE to re 23 Response in Opposition to Motion, Petitioners Reply Memorandum Of Law In Further Support Of Motion For Attorneys Fees Under The Equal Access To Justice Act filed by Uguimar Felipe Rezende. (Kalil, Clarissa) (Entered: 12/17/2025)

#25

Dec 22, 2025

STATUS REPORT by Uguimar Felipe Rezende. (Kalil, Clarissa) (Entered: 12/22/2025)

#26

Dec 22, 2025

First MOTION to Compel Return Of Documents And Removal of Electronic Monitoring by Uguimar Felipe Rezende. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Declaration)(Kalil, Clarissa) (Entered: 12/22/2025)