Western District of New York • 1:25-cv-00980

#1

Sep 25, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11260606 Fee status: Filing Fee paid., filed by Rodrigo Ferreira de Souza. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Caron, Timothy) [Transferred from mad on 10/6/2025.] (Entered: 09/25/2025)

#2

Sep 25, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (NMC) [Transferred from mad on 10/6/2025.] (Entered: 09/25/2025)

#3

Sep 25, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SP) [Transferred from mad on 10/6/2025.] (Entered: 09/25/2025)

#4

Sep 25, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered. The answer or responsive pleading is due no later than October 2, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) [Transferred from mad on 10/6/2025.] (Entered: 09/25/2025)

#5

Sep 25, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Patricia Hyde, Kristi Noem and Pamela Bondi on 9/25/2025. (Currie, Haley) [Transferred from mad on 10/6/2025.] (Entered: 09/25/2025)

#6

Sep 30, 2025

NOTICE of Appearance by Nicole M. O'Connor on behalf of Pamela Bondi, Patricia Hyde, Kristi L Noem (O'Connor, Nicole) [Transferred from mad on 10/6/2025.] (Entered: 09/30/2025)

#7

Oct 02, 2025

Response by Pamela Bondi, Patricia Hyde, Kristi L Noem to 1 Petition for Writ of Habeas Corpus (2241), . (O'Connor, Nicole) [Transferred from mad on 10/6/2025.] (Entered: 10/02/2025)

#8

Oct 02, 2025

DECLARATION re 7 Response by Pamela Bondi, Patricia Hyde, Kristi L Noem. (O'Connor, Nicole) [Transferred from mad on 10/6/2025.] (Entered: 10/02/2025)

#9

Oct 03, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Rodrigo Ferreira de Souza, a Brazilian national and resident of Massachusetts, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. ECF 1 . Shortly after entering the United States on or about April 28, 2022, id. ¶ 2, Ferreira de Souza was detained under 8 U.S.C. § 1226 and served with a Notice to Appear, id. ¶ 18. He was then released on an Order of Recognizance in accordance with 8 U.S.C. § 1226. Id. ¶ 19. Ferreira de Souza filed an asylum application on April 26, 2023, and is scheduled for a hearing before the Chelmsford Immigration Court on May 21, 2026. Id. ¶ 21. On September 24, 2025, Ferreira de Souza was arrested and detained by U.S. Immigration and Customs Enforcement officers. Id. ¶ 22; ECF 8, ¶ 7. Later that evening, he was transferred to Batavia, New York, and he is currently detained at the Buffalo Service Processing Center. ECF 8, ¶¶ 5, 8. The next day, Ferreira de Souza filed a petition for a writ of habeas corpus in the District of Massachusetts, requesting that the Court grant him immediate release from detention. ECF 1, at 21. The respondents contend that this Court lacks jurisdiction over the habeas petition because Ferreira de Souza was not detained in Massachusetts when he filed his petition on September 25, 2025. ECF 7, at 4. "[A]s a general rule, a petitioner must file a habeas petition in the district in which they are confined and must name as a respondent the petitioner's immediate custodian." Ozturk v. Trump, 777 F. Supp. 3d 26, 34 (D. Mass. 2025) (citing Rumsfeld v. Padilla, 542 U.S. 426, 442-47 (2004)). Respondents first argue that the petition should be dismissed because Ferreira de Souza failed to name his immediate custodian when he filed his petition. ECF 7, at 8-9. But acknowledging that counsel for Ferreira de Souza may not have known his location and the name of his immediate custodian when the petition was filed on September 25, 2025, the respondents alternatively represent that they do not oppose transferring the petition to the Western District of New York, where Ferreira de Souza was confined at the time his petition was filed. ECF 7, at 9, 12. The Court agrees with the respondents' latter contention that, in the circumstances of this case, a transfer of the petition, rather than dismissal, is warranted. This Court lacks jurisdiction over the petition because Ferreira de Souza was not in Massachusetts at the time he filed the petition. See Padilla, 542 U.S. at 442. At that time, he had already been transferred to Batavia, New York. ECF 8, ¶¶ 5, 8. Nevertheless, counsel for Ferreira de Souza represents that on the morning of September 25, 2025, the U.S. Citizenship and Immigration Services website failed to provide a current location for Ferreira de Souza. ECF 1, ¶ 2 n.1. As in Ozturk v. Trump, Ferreira de Souza "cannot be faulted for filing the Petition in this Court," where, given the government's speedy transfer of him from Massachusetts to New York and failure to timely update its website, his counsel could not have known his location when the petition was filed. 777 F. Supp. 3d at 42. The Court accordingly concludes that transferring Ferreira de Souza's petition to the Western District of New York is in the interests of justice. See 28 U.S.C. §§ 1404(a), 1406(a), 1631.For the foregoing reasons, Ferreira de Souza's petition for a writ of habeas corpus under 28 U.S.C. § 2241 is hereby TRANSFERRED to the United States District Court for the Western District of New York pursuant to 28 U.S.C. §§ 1404(a), 1406(a), and 1631. (Currie, Haley) [Transferred from mad on 10/6/2025.] (Entered: 10/03/2025)

#10

Oct 03, 2025

Case transferred to the Western District of New York - Original file with documents numbered 1-9, certified copy of transfer order and docket sheet sent to Clerk in that district. (Currie, Haley) [Transferred from mad on 10/6/2025.] (Entered: 10/03/2025)

#11

Oct 06, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-12758. (Entered: 10/06/2025)

Oct 06, 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. (CGJ)

Oct 06, 2025

Case assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of electronic case transfer. (CGJ)