Western District of New York • 6:25-cv-06560

#1

Oct 09, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5599810.), filed by CARLOS ROBERTO AMAYA TINOCO. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A-E)(Green, Brian) (Entered: 10/09/2025)

Oct 10, 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. (LEB)

Oct 10, 2025

Notification to Chambers of on-line civil case opening. (LEB)

#2

Oct 17, 2025

SCHEDULING ORDER re 1 Petition for Writ of Habeas Corpus filed by CARLOS ROBERTO AMAYA TINOCO. IT IS HEREBY ORDERED that if Petitioner's current counsel is not admitted to practice in this District, counsel shall file an application for admi ssion pro hac vice, in accordance with W.D.N.Y. Loe. R. Civ. P. 83.1, by Friday, October 24, 2025, AND/OR otherwise assist Petitioner with securing local counsel by that date and time; and it is further ORDERED that the Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, together with a copy of 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; and it is further ORDERED that within 14 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition, or a motion to dismiss the Petition; and it is further ORDERED that within 14 days of the date of this Order, Respondents shall file and serve, in addition to the answer or motion to dismiss, 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, as well as copies of the Notice to Appear served on Petitioner, the warrant to arrest where applicable, and any other relevant exhibits helpful to resolution of this Petition; and it is further ORDERED that Petiti oner shall have 7 days after service of the answer or motion to dismiss to file a written response. Following receipt of the parties' papers, the Court will determine whether an evidentiary hearing is warranted. In that regard, the Court observe s that 28 U.S.C. § 2243 provides that "[u]nless the application for the writ and the return present only issues of law, the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained,&quo t; as "the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts." See, e.g., Goldberg v. Tracy, 247 F.R.D. 360, 392 (E.D.N.Y. 2008), adhered to on reconsideration, No. 0l-CV-8454, 2008 WL 972721 (E.D.N.Y. Mar. 24, 2008), and affd, 366 F. App'x 198 (2d Cir. 2010) ("Whether a habeas petitioner appears in person or telephonically, a habeas court may maintain the necessary perspective that petitioner is a human being wh o deserves to be treated with fairness and dignity."). Accordingly, to facilitate the expeditious resolution of this matter, it is further ORDERED that Respondents refrain from transferring Petitioner out of the United States until after the Court determines whether an evidentiary hearing is warranted. Signed by Hon. Meredith A. Vacca on 10/17/25. (Attachments: # 1 Petition)(RE)