Western District of New York • 6:26-cv-06253
Vellicela-Quijosaca v. Kurzdorfer
Active
Case Information
Filed: February 27, 2026
Assigned to:
John Leonard Sinatra Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
May 21, 2026
Parties:
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Docket Entries
#1
Feb 27, 2026
Emergency PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5734125.), filed by Manuel Reccion Vellicela-Quijosaca. (Attachments: # 1 Civil Cover Sheet)(Pegnam, Stephen) (Entered: 02/27/2026)
Main Document:
Emergency PETITION
Feb 27, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to chambers of online civil opening. (LB)
#2
Mar 02, 2026
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Counsel shall confer regarding a briefing schedule on the petition and shall file a letter outlining their proposed briefing schedule by March 5, 2026. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/2/2026. (KLH) (Entered: 03/02/2026)
Mar 02, 2026
Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)
Mar 02, 2026
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. (TF)
#3
Mar 05, 2026
NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 03/05/2026)
Main Document:
NOTICE
#4
Mar 05, 2026
Letter filed by Joseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem with proposed briefing schedule. (Khalil, Adam) (Entered: 03/05/2026)
Main Document:
Letter
#5
Mar 06, 2026
TEXT ORDER re 4 Letter. The request in the 4 Letter is granted. Respondents shall respond to the Petition by March 20, 2026. Petitioner's reply, if any, is due April 6, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/6/26. (MEM) (Entered: 03/06/2026)
#6
Mar 17, 2026
MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 03/17/2026)
Main Document:
MOTION
#7
Mar 17, 2026
MEMORANDUM IN SUPPORT re 6 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM * CORRECTED * byJoseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 03/17/2026)
Main Document:
MEMORANDUM
#8
Apr 01, 2026
Letter filed by Joseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem re shift of detention to 8 USC 1231 and mootness. (Khalil, Adam) (Entered: 04/01/2026)
Main Document:
Letter
#9
Apr 02, 2026
TEXT ORDER. Given the representations in the Letter at Dkt. 8, any renewed motion to dismiss is due April 28, 2026. Any opposition is due May 12, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM) (Entered: 04/02/2026)
#10
Apr 25, 2026
MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 04/25/2026)
Main Document:
MOTION
#11
Apr 30, 2026
TEXT ORDER. In light of the Second Circuit's decision in Cunha v. Freden, No. 25-3141-pr, 2026 WL 1146044 (2d Cir. Apr. 28, 2026), the parties shall file a status report by May 7, 2026. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. (MEM) (Entered: 04/30/2026)
#12
May 01, 2026
Letter filed by Joseph Freden, Steve Kurzdorfer, Todd Lyons, Kristi Noem re inapplicability of Da Cunha. (Khalil, Adam) (Entered: 05/01/2026)
Main Document:
Letter
#13
May 21, 2026
TEXT ORDER. Upon an order from an immigration judge, Petitioner has been released from the administrative custody of the Department of Homeland Security, Immigration and Customs Enforcement (ICE) and removed from the United States. See Dkt. 8 and 12 . Because the relief that Petitioner sought was to be released while his case was pending, Dkt. 1 at 8, Petitioner's habeas petition became moot upon his release from custody and departure from the United States. Petitioner no longer is subject to the conditions that caused his alleged deprivation, and, as a result, this Court lacks subject matter jurisdiction to further examine the merits of the Petition. See Harvey v. Holder, 63 F. Supp. 3d 318, 320-21 (W.D.N.Y. 2014). This action is dismissed as moot. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 5/21/26 (TDM). (Entered: 05/21/2026)
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