Active
Case Information
Filed: October 08, 2025
Assigned to:
Fernando Rodriguez Jr.
Referred to:
Karen Betancourt
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
March 16, 2026
Parties:
View All Parties →
Docket Entries
#1
Jul 04, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5523727.), filed by Arzou Hami. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(Borowski, Matthew) (Entered: 07/04/2025)
Main Document:
PETITION
Jul 08, 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)
Jul 08, 2025
***Set PS-B Flag. (JLH)
Jul 08, 2025
Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLH)
#2
Jul 09, 2025
ORDER that the Respondents shall file and serve an answer and memorandum of law or a motion to dismiss on or before July 16, 2025; petitioner shall file a written reply on or before July 21, 2025; pending this Courts consideration of the petition, the respondents are hereby restrained from removing the petitioner outside of the jurisdiction of the United States District Court for the Western District of New York; the Clerk of Court shall serve a copy of the petition and this 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. Signed by Hon. Lawrence J. Vilardo on 7/9/2025. (Attachments: # 1 Petition)(CGJ) (Entered: 07/09/2025)
Main Document:
ORDER
Jul 09, 2025
***Attorney United States Attorney's Office (e-service) for Joseph Freden,United States Attorney's Office (e-service) for Steven Kurzdorfer,United States Attorney's Office (e-service) for Todd Lyons,United States Attorney's Office (e-service) for Kristi Noem added. (CGJ)
#3
Jul 10, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 07/10/2025)
Main Document:
NOTICE
#4
Jul 10, 2025
Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re transfer of Petitioner to Texas on 7/3/2025. (Khalil, Adam) (Entered: 07/10/2025)
Main Document:
Letter
Jul 10, 2025
*** Attorney United States Attorney's Office (e-service) terminated. (CGJ)
#5
Jul 16, 2025
MOTION to Dismiss for Lack of Jurisdiction by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration of DO McDonald, # 2 Memorandum in Support)(Khalil, Adam) (Entered: 07/16/2025)
Main Document:
MOTION
#6
Jul 21, 2025
Letter filed by Arzou Hami requesting extension of reply deadline. (Borowski, Matthew) (Entered: 07/21/2025)
Main Document:
Letter
#7
Jul 22, 2025
TEXT ORDER granting request for an extension of time to respond to the motion to dismiss filed by the petitioner, Docket Item 6 . Response due by 7/25/2025. Reply, if any, due by 7/29/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/22/2025. (CRT) (Entered: 07/22/2025)
#8
Jul 25, 2025
RESPONSE in Opposition re 5 MOTION to Dismiss for Lack of Jurisdiction filed by Arzou Hami. (Borowski, Matthew) (Entered: 07/25/2025)
Main Document:
RESPONSE
#9
Aug 19, 2025
Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re anticipated removal. (Khalil, Adam) (Entered: 08/19/2025)
Main Document:
Letter
#10
Aug 19, 2025
TEXT ORDER re: 5 MOTION to Dismiss for Lack of Jurisdiction and 9 Letter filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden. Virtual Oral Argument set for 8/20/2025 at 11:30 AM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/19/2025. (CMD) (Entered: 08/19/2025)
#11
Aug 20, 2025
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: 5 MOTION to Dismiss for Lack of Jurisdiction and 9 Letter filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden held on 8/20/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court directed respondents to file reply by 8/22/2025. Further virtual Oral Argument scheduled for 8/26/2025 at 2:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Appearances by Teams Video Conference: For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 08/20/2025)
#12
Aug 21, 2025
REPLY/RESPONSE to re 5 MOTION to Dismiss for Lack of Jurisdiction, 8 Response in Opposition to Motion filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Supplemental Declaration of DO McDonald)(Khalil, Adam) (Entered: 08/21/2025)
Main Document:
REPLY/RESPONSE
#13
Aug 22, 2025
TEXT ORDER re 12 Reply filed by the respondents. The petitioner shall file a sur-reply by 8/25/2025 at 5:00 p.m. In particular, the petitioner shall address whether a hearing is required. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/22/2025. (CRT) (Entered: 08/22/2025)
#14
Aug 25, 2025
REPLY/RESPONSE to re 13 Text Order, 12 Reply/Response, Sur-Reply to Govt Reply filed by Arzou Hami. (Borowski, Matthew) (Entered: 08/25/2025)
Main Document:
REPLY/RESPONSE
#15
Aug 26, 2025
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument held on 8/26/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court reviewed the parties' supplemental submissions and heard argument from the parties. Court directed respondents to file additional response as discussed by 9/2/2025. Petitioner's reply is due by 9/9/2025. If further oral argument is necessary, it will be scheduled by the Court. Appearances by Teams Video Conference: For petitioner: Matthew K. Borowski. For respondents: AUSA Adam A. Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 08/26/2025)
#16
Sep 02, 2025
Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem with additional declaration re: transfer of Petitioner to Texas. (Khalil, Adam) (Entered: 09/02/2025)
Main Document:
Letter
#17
Sep 09, 2025
REPLY/RESPONSE to re 16 Letter filed by Arzou Hami. (Borowski, Matthew) (Entered: 09/09/2025)
Main Document:
REPLY/RESPONSE
#18
Oct 07, 2025
DECISION & ORDER granting in part and denying in part 5 Motion to Dismiss for Lack of Jurisdiction. More specifically, this Court denies the respondents' motion to dismiss for lack of jurisdiction but grants their motion to transfer. Accordin gly, the Court transfers this case to the United States District Court for the Southern District of Texas and leaves the decision on Hami's writ of habeas corpus to that court. This Court's order keeping the status quo by prohibiting the re spondents from deporting Hami, see Docket Item 2 at 2, remains in place until further order of the judge to whom this case is transferred. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 10/7/2025. (DDC)Clerk to Follow up
#19
Oct 08, 2025
Case Transferred In - District Transfer
Main Document:
Case Transferred In - District Transfer
#20
Oct 08, 2025
Clerks Notice re Consent to Jurisdiction of Magistrate Judge (FORM, noticing)
Main Document:
Clerks Notice re Consent to Jurisdiction of Magistrate Judge (FORM, noticing)
#21
Oct 08, 2025
Referring Case to Magistrate Judge
Main Document:
Referring Case to Magistrate Judge
Oct 08, 2025
Referral Judge Selected: Magistrate Judge Karen Betancourt randomly selected to receive referrals. The District Judge has referred this case to the selected Magistrate Judge for all pretrial matters, pursuant to 28 U.S.C. 636(b). The parties may also consent to having the case assigned to the selected Magistrate Judge. (mp1)
Oct 08, 2025
Referral Judge Selected
#23
Oct 09, 2025
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
Main Document:
Clerks Notice of Redaction Responsibilities and Privacy Protection (FORM, noticing)
#24
Oct 09, 2025
Notice of Appearance
Main Document:
Notice of Appearance
#25
Oct 09, 2025
Notice of Appearance
Main Document:
Notice of Appearance
#26
Oct 10, 2025
Notice of Appearance
Main Document:
Notice of Appearance
#27
Oct 23, 2025
Sealed Document (use only if no other applicable option available)
Main Document:
Sealed Document (use only if no other applicable option available)
#28
Oct 30, 2025
Extension of Time
Main Document:
Extension of Time
#29
Oct 30, 2025
Order on Motion for Extension of Time
Main Document:
Order on Motion for Extension of Time
Oct 30, 2025
ONTINUATION OF ENTRY # 29 FOR STATISTICAL PURPOSES - ORDER granting 28 Motion for Extension of Time. (Signed by Magistrate Judge Karen Betancourt) Parties notified. (bav1)
Oct 30, 2025
Order
#32
Dec 19, 2025
Dismiss
Main Document:
Dismiss
#33
Dec 30, 2025
Response in Opposition to Motion
Main Document:
Response in Opposition to Motion
#34
Feb 05, 2026
Emergency AND Temporary Restraining Order
Main Document:
Emergency AND Temporary Restraining Order
#35
Feb 06, 2026
Order
Main Document:
Order
#36
Feb 11, 2026
Response in Opposition to Motion
Main Document:
Response in Opposition to Motion
#37
Feb 11, 2026
Order
Main Document:
Order
Feb 11, 2026
Motion Hearing
Feb 11, 2026
Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr. Appearances: Matthew Karim Borowski f/Petitioner; Nancy Lynn Masso, AUSA f/Respondents; (ERO: Maricela Perez) (Law Clerk: Will Rocci) [Court time: 3:00-3:14]. MOTION HEARING held on 2/11/2026. Case called; appearances made. Court addressed the parties regarding pending 34 Emergency Motion for Temporary Restraining Order; discussion held; motion taken under consideration. Government ordered to provide update by 2/17/2026; written order to be issued. Counsel excused. (bce1)
#38
Feb 18, 2026
Sealed Document (use only if no other applicable option available)
Main Document:
Sealed Document (use only if no other applicable option available)
#39
Mar 05, 2026
Order
Main Document:
Order
#40
Mar 12, 2026
STATEMENT regarding medical care and mootness of TRO motion re: 39 Order,, by Arzou Hami, filed. (Borowski, Matthew) (Entered: 03/12/2026)
Main Document:
Statement
#41
Mar 12, 2026
MOTION to Expedite decision on petition by Arzou Hami, filed. Motions referred to Karen Betancourt. Motion Docket Date 4/2/2026. (Borowski, Matthew) (Entered: 03/12/2026)
Main Document:
Expedite
#42
Mar 13, 2026
ORDER denying as moot 34 Motion for Temporary Restraining Order. The case remains referred to a Magistrate Judge to consider the other issues that petitioner raises in this matter.(Signed by Judge Fernando Rodriguez, Jr) Parties notified. (dlr1) (Entered: 03/13/2026)
Main Document:
Order on Motion for Emergency AND Order on Motion for Temporary Restraining Order
#43
Mar 16, 2026
Order to Provide Status Update.Supplemental Brief due by 3/20/2026 (Signed by Magistrate Judge Karen Betancourt) Parties notified. (dar1) (Entered: 03/16/2026)
Main Document:
Order
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