Western District of New York • 1:26-cv-00575

#1

Mar 25, 2026

First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5766356.), filed by J. M.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit I-213, # 3 Exhibit NTA, # 4 Exhibit Imm court order(bond grant), # 5 Exhibit Imm court order(removal), # 6 Exhibit BIA appeal notice, # 7 Exhibit witness declaration)(Eom, Crystal) (Entered: 03/25/2026)

#2

Mar 25, 2026

First MOTION for Temporary Restraining Order by J. M.. (Attachments: # 1 Text of Proposed Order)(Eom, Crystal) (Entered: 03/25/2026)

#3

Mar 25, 2026

First MOTION to Seal Document and proceed under pseudonym by J. M.. (Attachments: # 1 Text of Proposed Order motion for pseudonym and seal)(Eom, Crystal) (Entered: 03/25/2026)

#4

Mar 25, 2026

CERTIFICATE OF SERVICE by J. M. (Eom, Crystal) (Entered: 03/25/2026)

Mar 25, 2026

Case assigned to Hon. Meredith A. Vacca. Notification to chambers of online civil opening. (LB)

#5

Mar 26, 2026

ORDER. Petitioner's motion for a temporary restraining order 2 is granted in part and denied in part. The motion is granted to the extent that Respondents are prohibited from removing Petitioner from the United States. The motion is otherwise denied. Respondents are ordered to show cause within 14 days of the date of this order why Petitioner's requested relief should not be granted. Petitioner may file a written response no later than 7 days after service of Respondents' return.The Clerk of Court shall forthwith serve a copy of the Petition, ECF No. 1, and 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.SO ORDERED. Signed by Hon. Meredith A. Vacca on 3/26/2026. (MVP)Clerk to Follow up (Entered: 03/26/2026)

Mar 26, 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. (MMG)

Mar 27, 2026

Clerk emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov (JLH)

#6

Apr 09, 2026

MOTION to Dismiss and to Dissolve Temporary Restraining Order by Pamela Bondi, George Harvey, Todd Lyons, Kristi Noem, Andrew Oliveri, Sirce Owen. (Attachments: # 1 Memorandum in Support, # 2 Declaration Rebecca Rivera)(Moar, Daniel) (Entered: 04/09/2026)

#7

Apr 16, 2026

NOTICE of Appearance by Matthew K. Borowski on behalf of J. M. (Borowski, Matthew) (Entered: 04/16/2026)

#8

Apr 16, 2026

Letter filed by J. M. requesting extension of deadline for response to motion to dismiss until 5/29/26. (Borowski, Matthew) (Entered: 04/16/2026)

#9

Apr 17, 2026

TEXT ORDER granting 8 Petitioner's request to extend deadline to file an opposition to Resondents' Motion to Dismiss. Petitioner shall file an opposition by May 29, 2026. SO ORDERED. Signed by Hon. Meredith A. Vacca on 4/17/2026. (MVP) (Entered: 04/17/2026)

#10

May 04, 2026

TEXT ORDER granting 3 motion to proceed by pseudonym and to redact certain filings. Petitioner has moved to proceed under a pseudonym and to file certain documents in redacted form or, if necessary, under seal. ECF No. 3. The United States Attorney's Office has not opposed the motion. The Court has weighed the factors identified by the Second Circuit in Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185, 189-90 (2d Cir. 2008), and finds that the balance favors Petitioner. Petitioner's request to proceed under a pseudonym is therefore GRANTED. All filings, including those submitted by Respondents, and all orders shall utilize "J.M." in lieu of Petitioner's name.The Court has also considered the factors set forth by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d. 110 (2d Cir. 2006) and finds that Petitioner's interest in protecting sensitive personal and family information at this point outweighs the public interest in public access to the information, and that Petitioner's request to file certain documents in redacted form or, if necessary, under seal is GRANTED.Respondents shall redact any identifying and personal information concerning Petitioner from their filings unless the Court has otherwise granted a motion to seal the relevant filing. Further, the parties are on notice that all sealed, or sought-to-be sealed documents, must be filed only via mail or the Court's secure online portal at https://www.nywd.uscourts.gov/submit-sealed-filing. No sealed, or sought-to-be sealed, documents shall be filed on ECF or emailed to Chambers. Filings on ECF must be limited to documents that are not sealed and such documents must contain appropriate redactions. SO ORDERED. Signed by Hon. Meredith A. Vacca on 5/4/2026. (MVP) (Entered: 05/04/2026)

#11

May 29, 2026

Letter filed by J. M. requesting brief extension to Monday for opposition to motion to dismiss. (Borowski, Matthew) (Entered: 05/29/2026)

#12

Jun 01, 2026

RESPONSE in Opposition re 6 MOTION to Dismiss and to Dissolve Temporary Restraining Order filed by J. M.. (Borowski, Matthew) (Entered: 06/01/2026)

#13

Jun 04, 2026

Letter filed by J. M. regarding remand of motion to reopen to immigration judge. (Attachments: # 1 Exhibit A - BIA Decision Remanding Motion to Reopen)(Borowski, Matthew) (Entered: 06/04/2026)

#14

Jul 14, 2026

TEXT ORDER. The Court finds that an evidentiary hearing is required in this matter to address Petitioner's claims regarding the alleged unlawfulness of his December 15, 2025 arrest and his more recent claim of unreasonably prolonged detention. Counsel and Petitioner shall appear for an in-person hearing on July 28, 2026, at 2:00 P.M. in Courtroom 2 of the Kenneth B. Keating Federal Building, 100 State St., Rochester, New York. On or before July 23, 2026, counsel for each party shall file a witness list, indicate whether any witnesses are requesting to appear virtually, and indicate whether an interpreter is requested for the hearing.On or before July 23, 2026, Petitioner and Respondents shall each also file a pre-hearing memorandum of law that clarifies their position as to the statutory basis that applies to Petitioner's detention since December 15, 2025, including a discussion to support any alleged changes to said statutory basis since December 15, 2025.Respondents' motion to "dissolve temporary restraining order," ECF No. at 6, is DENIED. The Court rejects Respondents' characterization of its order prohibiting Respondents from removing Petitioner from the United States while the petition is pending as an order "staying his removal," which must be lifted for lack of jurisdiction. See id. (discussing the Courts Order at ECF No. 5). It is well-established that the Court has the authority to preserve its own jurisdiction over a pending habeas petition, which the Court has done here. See 28 U.S.C. § 2243; 28 U.S.C. § 1651; see also Rumsfeld v. Padilla, 542 U.S. 426, 441 n.14 (2004) (quoting Ex Parte Endo, 323 U.S. 283, 307 (1944) ("Th[e] objective [of habeas relief] may be in no way impaired or defeated by the removal of the prisoner from the territorial jurisdiction of the District Court.")); Loachamin v. Kurzdorfer, No. 25-CV-6502-MAV, 2026 WL 257667, at *1 (W.D.N.Y. Jan. 30, 2026) (collecting cases supporting the proposition that "as a result of Petitioner's release from Respondents' custody, his application for a writ of habeas corpus is moot."). That temporary restriction to preserve the Court's jurisdiction stands. SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/14/26. (NWA) (Entered: 07/14/2026)

Jul 14, 2026

Set Deadlines/Hearings: Evidentiary Hearing set for 7/28/2026 02:00 PM in Courtroom 2, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. (NWA)

#15

Jul 23, 2026

Witness List by J. M.. (Borowski, Matthew) (Entered: 07/23/2026)

#16

Jul 23, 2026

MEMORANDUM/BRIEF re 14 Text Order,,,,,,,,, pre-hearing memorandum on detention authority by J. M.. (Borowski, Matthew) (Entered: 07/23/2026)

#17

Jul 23, 2026

MEMORANDUM/BRIEF by Pamela Bondi, George Harvey, Todd Lyons, Kristi Noem, Andrew Oliveri, Sirce Owen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit)(Moar, Daniel) (Entered: 07/23/2026)

#18

Jul 24, 2026

TEXT ORDER: Virtual Status Conference set for 7/27/2026 at 10:00 AM via video conference before Hon. Meredith A. Vacca. Signed by Hon. Meredith A. Vacca on 7/24/2026. (KSP) (Entered: 07/24/2026)

#19

Jul 24, 2026

STIPULATION of Dismissal by Pamela Bondi, George Harvey, Todd Lyons, Kristi Noem, Andrew Oliveri, Sirce Owen. (Moar, Daniel) (Entered: 07/24/2026)

#20

Jul 27, 2026

STIPULATION AND ORDER. Pursuant to the parties' Stipulation and Order, ECF No. 19, the petition, ECF No. 1, is dismissed without prejudice, Respondents' motion to dismiss, ECF No. 6, is denied as moot, and the July 28, 2026 evidentiary hearing is cancelled.The Clerk of Court is directed to close this case SO ORDERED. Signed by Hon. Meredith A. Vacca on 7/27/26. (NWA)Clerk to Follow up (Entered: 07/27/2026)