Western District of New York • 1:25-cv-00267

#1

Mar 26, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5439009.), filed by Sering Ceesay. (Attachments: # 1 Exhibit Shin Medical Letter, # 2 Exhibit Documents Provided by ICE)(Gillman, Sarah) (Entered: 03/26/2025)

#2

Mar 26, 2025

CONTINUATION OF EXHIBITS to 1 Petition for Writ of Habeas Corpus Civil Cover Sheet. (Gillman, Sarah) (Entered: 03/26/2025)

#3

Mar 27, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Khalil, Adam) (Entered: 03/27/2025)

#4

Mar 27, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Khalil, Adam) (Entered: 03/27/2025)

#5

Mar 27, 2025

ORDER: The respondents shall answer or move against the petition by 4/4/2025, and the petitioner shall respond by 4/8/2025. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 3/27/2025. (CRT) (Attachments: # 1 Petition) (Entered: 03/27/2025)

#6

Mar 27, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Sering Ceesay. Oral Argument set for 4/10/2025 at 2:30 PM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY, before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/27/2025. (CRT) (Entered: 03/27/2025)

Mar 27, 2025

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)

Mar 27, 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. (TMK)

#7

Mar 31, 2025

AMENDED PETITION for Writ of Habeas Corpus by Sering Ceesay. Amendment to 1 Petition for Writ of Habeas Corpus Amended Petition and Complaint. (Attachments: # 1 Exhibit Shin Medical Letter, # 2 Exhibit Documents Provided by ICE)(Gillman, Sarah) Modified on 4/1/2025 (DDS). (Entered: 03/31/2025)

Apr 01, 2025

E-Filing Notification: 7 AMENDED PETITION for Writ of Habeas Corpus by Sering Ceesay. Amendment to 1 Petition for Writ of Habeas Corpus Amended Petition and Complaint. (Attachments: # 1 Exhibit Shin Medical Letter, # 2 Exhibit Documents Provided by ICE)(Gillman, Sarah) Modified to correct document title on 4/1/2025 (DDS). (DDS)

#8

Apr 02, 2025

TEXT ORDER: U.S. Immigration and Customs Enforcement (ICE) shall present the petitioner in person for the hearing set for 4/10/2025 at 2:30 PM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY, before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/2/2025. (RFI) (Entered: 04/02/2025)

#9

Apr 04, 2025

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of DO Nicholas Truax, # 2 Exhibit A to Truax Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 04/04/2025)

#10

Apr 06, 2025

Letter filed by Sering Ceesay Requesting Leave to File an Enlarged Reply. (Gillman, Sarah) (Entered: 04/06/2025)

#11

Apr 07, 2025

TEXT ORDER granting the petitioner's request to file a reply of up to 25 pages, Docket Item 10 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/7/2025. (CRT) (Entered: 04/07/2025)

#12

Apr 08, 2025

REPLY/RESPONSE to re 9 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sering Ceesay. (Attachments: # 1 Declaration of Sering Ceesay)(Decker, Sarah) (Entered: 04/08/2025)

#13

Apr 09, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re government's objections to certain statements in Petitioner's MOL (ECF No 12). (Khalil, Adam) (Entered: 04/09/2025)

#14

Apr 09, 2025

CONTINUATION OF EXHIBITS to 13 Letter, Delegation Order. (Khalil, Adam) (Entered: 04/09/2025)

#15

Apr 09, 2025

Letter filed by Sering Ceesay Re: ECF Nos. 13 and 14. (Gillman, Sarah) (Entered: 04/09/2025)

#16

Apr 10, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re receipt of travel documents from the Gambia. (Khalil, Adam) (Entered: 04/10/2025)

#17

Apr 10, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re: 9 Motion to Dismiss the habeas petition and complaint held on 4/10/2025. Court denied respondents' motion and a decision and order will be issued. Respondents shall file an answer responding to the allegations in the petition and a memorandum of law addressing each of the issues raised in the petition, including the process to which petitioner was legally entitled, by 4/15/2025. Petitioner's reply is due by 4/21/2025. Matter will be referred to a Magistrate Judge for a hearing. Court directed AUSA Khalil to advise ICE personnel petitioner should not be interviewed without his counsel present. In addition, petitioner's counsel should be given 72 business hours notice if petitioner is going to be transferred. Appearances. For petitioner: Sarah Gillman and Sarah Decker. Petitioner present in ICE Custody. For respondents: AUSA Adam Khalil (present via teleconference). (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 04/11/2025)

#18

Apr 11, 2025

TEXT ORDER: The Court will hold the hearing discussed on the record on 4/10/2025, rather than referring the matter to a magistrate judge. Writ Hearing set for 4/23/2025 at 01:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/11/2025. (CRT) (Entered: 04/11/2025)

#19

Apr 15, 2025

RESPONSE to 1 Petition for Writ of Habeas Corpus by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Ryan Coburn, # 2 Exhibit A to Coburn Dec., # 3 Declaration of Damian Giraldo, # 4 Declaration of Dairus Robinson, # 5 Declaration of Nicholas Truax, # 6 Memorandum of Law in Opposition to Petition and Complaint)(Khalil, Adam) (Entered: 04/15/2025)

#20

Apr 17, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement advising that Petitioner's removal has been scheduled. (Khalil, Adam) (Entered: 04/17/2025)

#21

Apr 18, 2025

Letter filed by Sering Ceesay for leave to file an enlarged reply of up to fifteen (15) pages.. (Gillman, Sarah) (Entered: 04/18/2025)

#22

Apr 18, 2025

TEXT ORDER granting the petitioner's request to file a reply of up to 15 pages, Docket Item 21 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/18/2025. (CRT) (Entered: 04/18/2025)

#23

Apr 21, 2025

ORDER re Hearing on 4/23/2025. Signed by Hon. Lawrence J. Vilardo on 4/21/2025. (RFI) (Entered: 04/21/2025)

#24

Apr 21, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re Touhy authorization by ICE for employees' testimony. (Khalil, Adam) (Entered: 04/21/2025)

#25

Apr 21, 2025

REPLY/RESPONSE to re 19 Response to Habeas Petition, filed by Sering Ceesay. (Attachments: # 1 Exhibit Supplemental Declaration of Sering Ceesay, # 2 Exhibit Supplemental Letter of Dr. Joseph Shin)(Decker, Sarah) (Entered: 04/21/2025)

#28

Apr 23, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Evidentiary Hearing held on 4/23/2025. Petitioner's witnesses: Joseph Shin, M.D. and Sering Ceesay. Respondents' supplemental briefing as stated is due by 4/25/2025. Petitioner's response is due by 4/29/2025. Both parties should limit submissions to approximately 5 pages. Court will issue decision in short order. Parties also directed to file a joint written stipulation as to stipulations made on the record. Appearances. For petitioner: Sarah T. Gillman and Sarah E. Decker. Petitioner present in ICE Custody. For respondents: AUSA Adam Khalil and Daniel B. Moar.(Court Reporter Ann M. Sawyer.) (CMD) Modified to correct typo on 4/25/2025 (CMD). (Entered: 04/25/2025)

#26

Apr 24, 2025

STIPULATION Joint Submission of Stipulations Made by the Parties on April 23, 2025 by Sering Ceesay. (Gillman, Sarah) (Entered: 04/24/2025)

#27

Apr 24, 2025

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EVIDENTIARY HEARING held on 4/23/25, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann Meissner Sawyer, Ann_Sawyer@nywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/15/2025. Redacted Transcript Deadline set for 5/27/2025. Release of Transcript Restriction set for 7/23/2025. (AMS) (Entered: 04/24/2025)

#29

Apr 25, 2025

MEMORANDUM/BRIEF re 28 Evidentiary Hearing,,, Set Deadlines,, by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Peter Sukmanowski)(Khalil, Adam) (Entered: 04/25/2025)

#30

Apr 28, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re denial of Motion to Reopen. (Khalil, Adam) (Entered: 04/28/2025)

#31

Apr 28, 2025

Letter filed by Sering Ceesay Joint Letter by the Parties Correcting the Information Set Forth in ECF No. 30. (Gillman, Sarah) (Entered: 04/28/2025)

#32

Apr 28, 2025

REPLY/RESPONSE to re 29 Memorandum/Brief, 28 Evidentiary Hearing,,, Set Deadlines,, filed by Sering Ceesay. (Attachments: # 1 Exhibit Transcript of Hearing April 23, 2025)(Gillman, Sarah) (Entered: 04/28/2025)

#33

Apr 29, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re: specificity for conditions regarding release, if granted. (Khalil, Adam) (Entered: 04/29/2025)

#34

Apr 29, 2025

Letter filed by Sering Ceesay In Response to ECF No. 33. (Gillman, Sarah) (Entered: 04/29/2025)

#35

May 01, 2025

Letter filed by Thomas Brophy, Michael Ball, William Joyce, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement re scheduled removal date. (Khalil, Adam) (Entered: 05/01/2025)

#36

May 02, 2025

DECISION AND ORDER: For the reasons explained in this decision and order and as previously held on the record, the government's motion to dismiss the amended petition, Docket Item 9 , is DENIED. Further, Ceesay's petition is GRANTED in pa rt and DENIED in part. More specifically, within 24 hours of the issuance of this order, Ceesay must be released to a public place under the conditions of his order of supervision, and he must be afforded the "opportunity to prepare for an order ly departure" promised in his Release Notification.The government has advised that Ceesay will be deported on May 7, 2025. Docket Item 35 . The Court will hold a status conference on Monday, May 5, 2025, where the government shall confirm, and provide the Court with details of, its compliance with this order. SO ORDERED. Signed by Hon. Lawrence J. Vilardo on 5/2/2025. (CRT)

#37

May 02, 2025

TEXT ORDER re 36 Decision and Order. Status Conference set for 5/5/2025 at 10:30 AM in Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY, before Hon. Lawrence J. Vilardo. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/2/2025. (CRT) (Entered: 05/02/2025)

#38

May 03, 2025

TEXT ORDER: The petitioner, Sering Ceesay, has alerted the Court that he has been released on an Order of Supervision ("OSUP") with a reporting date of Monday, May 5, 2025, at 10:00 a.m. Based on this Court's prior decision and order, to give Ceesay the opportunity to prepare for an orderly departure that was promised to him, this Court hereby extends the writ of habeas corpus such that Ceesay's OSUP appointment shall not take place earlier than Tuesday, May 6, 2025, at 12:00 noon, and absent a substantive violation of his OSUP conditions, ICE shall not take Ceesay into custody before then. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/3/2025. (RFI) (Entered: 05/03/2025)

#39

May 04, 2025

Letter filed by Sering Ceesay . (Attachments: # 1 Exhibit Shin Medical Letter dated May 4, 2025)(Gillman, Sarah) (Entered: 05/04/2025)

#40

May 05, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 5/5/2025. Court heard from parties regarding the government's compliance with the Court's order. Court denied petitioner's request to extend the writ of habeas corpus to stay his removal. Petitioner may file a motion to enforce if he believes that the government's further actions violate the Court's order. Appearances. For petitioner: Sarah T. Gillman and Sarah E. Decker (via teleconference). For respondents: AUSA Adam A. Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 05/05/2025)

#41

May 06, 2025

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on 5/5/25, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann Meissner Sawyer, Ann_Sawyer@nywd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2025. Redacted Transcript Deadline set for 6/6/2025. Release of Transcript Restriction set for 8/4/2025. (AMS) (Entered: 05/06/2025)