Western District of New York • 6:25-cv-06600

Villa Alvarez v. Filicetti

Completed

Case Information

Filed: October 23, 2025
Assigned to: Elizabeth Ann Wolford
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: December 09, 2025
Last Activity: December 08, 2025
Parties: View All Parties →

Docket Entries

#1
Oct 23, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5610216.), filed by Yusgleidy Villa Alvarez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Aisen, Aaron) (Entered: 10/23/2025)
Main Document: PETITION
#2
Oct 24, 2025
TEXT ORDER re 1 Petition for Writ of Habeas Corpus. A telephone conference to discuss a briefing schedule on the petition is scheduled for Wednesday, October 29, 2025, at 10:30 a.m., before the Hon. Elizabeth A. Wolford. This is a public telephonic proceeding. To access the conference, dial 1-585-524-1799 and enter Conference ID 341 799 237 sufficiently in advance of the start time. Further, the Clerk's Office is directed to serve a copy of the petition and this Text 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 to Niagara County Attorney Claude A. Joerg at Claude.Joerg@niagaracounty.com. If counsel for all parties agree to a briefing schedule, they may submit a mutually acceptable proposal to the Court before Wednesday, October 29, 2025, at 9:00 a.m., in which case the status conference will be canceled and a briefing schedule issued. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/24/2025. (CAL)Clerk to Follow up (Entered: 10/24/2025)
#3
Oct 24, 2025
NOTICE of Appearance by Rosalie L. Capps on behalf of Yusgleidy Villa Alvarez (Capps, Rosalie) (Entered: 10/24/2025)
Main Document: NOTICE
Oct 24, 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 24, 2025
Remark: Case originally assigned to incorrect Office in Buffalo and transferred to Rochester under case number 6:25-cv-6600. All future docketing shall be entered on the Rochester case. Notification to Chambers of on-line civil case opening. (LEB)
#4
Oct 28, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph B. Edlow, Stephen Kurzdorfer, Todd M. Lyons, Kristi Noem (Khalil, Adam) (Entered: 10/28/2025)
Main Document: NOTICE
#5
Oct 29, 2025
Letter filed by Yusgleidy Villa Alvarez Proposed Scheduling Order in Response to Dkt. No. 2. (Aisen, Aaron) (Entered: 10/29/2025)
Main Document: Letter
#6
Oct 29, 2025
TEXT ORDER re: briefing schedule. Pursuant to the parties' agreement (Dkt. 5), responses to the Petition (Dkt. 1) are due from Respondents on or before November 12, 2025. Petitioner shall reply on or before November 19, 2025. A hearing (oral argument) is hereby set for Friday, November 21, 2025, at 10:00 a.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. Counsel must appear in person unless permission is granted to attend remotely based upon a request made at least 3 days prior to the appearance. The telephone status conference set for October 29, 2025, is hereby canceled. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/29/2025. (MGB) (Entered: 10/29/2025)
#7
Oct 30, 2025
AMENDED COMPLAINT against Pamela Bondi, Joseph B. Edlow, Michael J. Filicetti, Stephen Kurzdorfer, Todd M. Lyons, Kristi Noem, filed by Yusgleidy Villa Alvarez. (Attachments: # 1 Exhibit A - Original NTA, # 2 Exhibit B - HHS Release, # 3 Exhibit C - SIJ and DA Approval Notice, # 4 Exhibit D - EAD Letter and Card, # 5 Exhibit E - DA Termination Notice, # 6 Exhibit F - EAD Termination Notice, # 7 Exhibit G - New NTA, # 8 Certificate of Service)(Aisen, Aaron) (Entered: 10/30/2025)
Main Document: AMENDED
#8
Nov 12, 2025
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Joseph B. Edlow, Stephen Kurzdorfer, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 11/12/2025)
Main Document: MOTION
#9
Nov 12, 2025
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael J. Filicetti. (Attachments: # 1 Declaration Declaration of Christopher Bopst, # 2 Memorandum in Support Memorandum of Law in Support)(Bopst, Christopher) (Entered: 11/12/2025)
Main Document: MOTION
#10
Nov 17, 2025
NOTICE of Voluntary Dismissal by Yusgleidy Villa Alvarez (Aisen, Aaron) (Entered: 11/17/2025)
Main Document: NOTICE
#11
Nov 19, 2025
RESPONSE in Opposition re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Yusgleidy Villa Alvarez. (Attachments: # 1 Declaration of Aaron J. Aisen in Support of Petitioner's Opposition to Motion to Dismiss, # 2 Exhibit A to Aisen Declaration)(Aisen, Aaron) (Entered: 11/19/2025)
Main Document: RESPONSE
#12
Nov 20, 2025
Letter filed by Yusgleidy Villa Alvarez . (Capps, Rosalie) (Entered: 11/20/2025)
Main Document: Letter
#13
Nov 21, 2025
ORDER transferring Petitioner to the Western District of New York and temporarily enjoining future transfer or removal from the United States; denying 8 Motion to Dismiss; granting 9 Motion to Dismiss; granting 1 Petition to the extent that Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 11/21/2025. (MGB)Clerk to Follow up
Main Document: ORDER transferring Petitioner to the Western District of New York and temporarily enjoining future transfer or removal from the United States; denying 8 Motion to Dismiss; granting 9 Motion to Dismiss; granting 1 Petition to the extent that Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 11/21/2025. (MGB)Clerk to Follow up
#14
Nov 21, 2025
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Aaron J. Aisen, Esq. with Rosalie Capps, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of all Respondents other than Michael J. Filicetti, in his official capacity as Sheriff of Niagara County, NY. Respondent Filicetti has been dismissed; party to be terminated. Oral Argument re 1 PETITION and 8 MOTION TO DISMISS held on 11/21/2025. 9 MOTION TO DISMISS is granted; see also 10 NOTICE of Voluntary Dismissal. 8 MOTION TO DISMISS denied for reasons as stated on the record; 1 PETITION granted to the extent that Petitioner seeks a bond hearing. Petitioner also ordered to be transferred back to the Western District of New York. Parties to file status update on or before 12/8/2025. Separate Order to be issued confirming same. (Court Reporter Karen Clark.) (DPS) (Entered: 11/24/2025)
#15
Dec 02, 2025
Letter filed by Pamela Bondi, Joseph B. Edlow, Stephen Kurzdorfer, Todd M. Lyons, Kristi Noem re bond hearing. (Khalil, Adam) (Entered: 12/02/2025)
Main Document: Letter
#16
Dec 02, 2025
TEXT ORDER. On November 21, 2025, the undersigned issued an Order granting Petitioner's request for a bond hearing with the burden of proof placed on the government, and indicating that a more detailed decision would be issued in due course clarifying the reasons for the Order. (Dkt. 13). Since then, the undersigned has issued two written decisions addressing the issues raised by Petitioner: Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025) and Quituizaca Quituisaca v. Bondi et al., No. 6:25-CV-6527-EAW, 2025 WL 3264440 (W.D.N.Y. Nov. 24, 2025). The undersigned refers the parties to those decisions for the more detailed reasons behind the Order entered November 21, 2025.In addition, as noted in the letter filed by Respondents on December 2, 2025, a bond hearing was held pursuant to the undersigned's November 21, 2025 Order and bond was set. (Dkt. 15). If Petitioner has been released upon payment of bond, some of the issues raised in the petition may be moot, but further briefing is required as to the viability of any potential remaining issues. Accordingly, on or before December 8, 2025, counsel are directed to meet and confer in an attempt to reach agreement on a proposed briefing schedule for this matter. If the parties cannot agree, they may submit competing proposals on or before the same date. The submission(s) should be made by letter and shall be filed on the docket. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/02/2025. (MGB) (Entered: 12/02/2025)
#17
Dec 08, 2025
Letter filed by Pamela Bondi, Joseph B. Edlow, Stephen Kurzdorfer, Todd M. Lyons, Kristi Noem re briefing schedule. (Khalil, Adam) (Entered: 12/08/2025)
Main Document: Letter
#18
Dec 08, 2025
Letter filed by Yusgleidy Villa Alvarez . (Aisen, Aaron) (Entered: 12/08/2025)
Main Document: Letter
#19
Dec 08, 2025
NOTICE of Voluntary Dismissal by Yusgleidy Villa Alvarez (Aisen, Aaron) (Entered: 12/08/2025)
Main Document: NOTICE

Parties

Filicetti
Party
Villa Alvarez
Party