Western District of New York • 6:25-cv-06180

#1

Apr 02, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5445750.), filed by achille kiyani. (Attachments: # 1 Exhibit Exh 1 - Achille Kiyani, Credible Fear Notification 02.24.25, # 2 Exhibit Exh 2 - Achille Kiyani CAT Assessment Notice 02.26.25, # 3 Exhibit Exh 3 - Kiyani v. Freden - Declaration of Siana McLean, # 4 Exh 4 - Example Form I-860)(Jackson, Daniel) (Entered: 04/02/2025)

#2

Apr 02, 2025

CONTINUATION OF EXHIBITS by Achille Kiyani. to 1 Petition for Writ of Habeas Corpus, Civil Cover Sheet filed by Achille Kiyani. (Jackson, Daniel) (Entered: 04/02/2025)

Apr 02, 2025

Case Assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (TMK)

Apr 02, 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)

Apr 02, 2025

E-Filing Notification: re 1 PETITION for Writ of Habeas Corpus - Attorney is directed to file a civil cover sheet, pursuant to Local Rule 3. No judge assignment will be made until filing is entered on the docket. Please utilize the Continuation of Exhibits event, located within the Responses and Replies category. (TMK)

#3

Apr 03, 2025

Letter filed by Joseph Freden, Achille Kiyani Joint Request for Urgent Scheduling/Status Conference. (Jackson, Daniel) (Entered: 04/03/2025)

#4

Apr 03, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden (Khalil, Adam) (Entered: 04/03/2025)

#5

Apr 04, 2025

TEXT SCHEDULING ORDER. Status conference set for Thursday, April 10, 2025 at 9:30 A.M. in Courtroom 7 at the Kenneth B. Keating Federal Building, 100 State Street, Rochester, New York, 14614. SO ORDERED. Signed by Hon. Meredith A. Vacca on 04/04/2025. (JCL) (Entered: 04/04/2025)

#6

Apr 04, 2025

MOTION to Appoint Counsel Unopposed Motion to Appoint Counsel Under the CJA by Achille Kiyani. (Attachments: # 1 Memorandum in Support Memorandum of Law Regarding CJA Appointment in 28 USC 2241 Cases)(Jackson, Daniel) (Entered: 04/04/2025)

Apr 04, 2025

Set/Reset Hearings:Status Conference set for 4/10/2025 09:30 AM in Courtroom 7, 2nd Floor, 100 State Street, Rochester NY before Hon. Meredith A. Vacca. (JCL)

#7

Apr 08, 2025

STATUS REPORT Joint Status Report by Joseph Freden, Achille Kiyani. (Attachments: # 1 Exhibit Exh 1 - Achille KIYANI, Expedited Removal Order 02.20.25)(Jackson, Daniel) (Entered: 04/08/2025)

#8

Apr 11, 2025

ORDER directing Respondent's answer and memorandum of law due or a motion to dismiss due on or before 5/19/25. Petitioner shall have 25 days upon receipt of answer (or motion to dismiss) to file a response. Clerk shall serve a copy of 1 petition and this order electronically via a Notice of Electronic Filing to the U.S. Attorney's Office, Western of New York at <USANYW-Immigration-Habeas@usdoj.gov>. Signed by Hon. Meredith A. Vacca on 4/10/25. (Attachments: # 1 Petition) (JHF) (Main Document 8 replaced on 4/11/2025) (JHF). (Entered: 04/11/2025)

Apr 11, 2025

E-Filing Notification: Clerk attached the correct document to 8 ORDER and regenerated the entry to all parties. (JHF)

#10

May 15, 2025

Letter filed by Joseph Freden, Achille Kiyani Update Re Notice to Appear - and JOINT Request for Filing Extension. (Attachments: # 1 Exhibit Exh 1 - Notice to Appear for Achille Kiyani, Dated 05.15.25)(Jackson, Daniel) (Entered: 05/15/2025)

#11

May 16, 2025

TEXT SCHEDULING ORDER. On 05/15/2025, Petitioner's counsel filed a letter notifying the Court that Petitioner received a notice of appearance from DHS/ICE that could affect the posture of this case, and consequently that the parties were jointly requesting an extension of Respondent's current filing deadline. ECF No. 10. By consent of the parties and for good cause shown, the parties' request is GRANTED. Respondent must answer or otherwise respond to the petition on or before 05/29/25. Petitioner shall have 25 days upon receipt of answer (or motion to dismiss) to file a response. SO ORDERED. Signed by Hon. Meredith A. Vacca on 05/16/2025. (JCL) (Entered: 05/16/2025)

#12

May 21, 2025

NOTICE of Voluntary Dismissal by Joseph Freden, Achille Kiyani (Attachments: # 1 Exhibit Exh 1 - NTA Dated 05.14.25, # 2 Exhibit Exh 2 - NTA Dated 05.15.25)(Jackson, Daniel) (Entered: 05/21/2025)

#13

May 23, 2025

TEXT ORDER denying 6 Motion to Appoint Counsel. On April 4, 2025, counsel for Petitioner filed an unopposed motion to appoint counsel under the CJA. ECF No. 6. "The CJA provides in relevant part that '[w]henever the United States magistrate or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who... is seeking relief under section 2241, 2254, or 2255 of title 28.'" Thomas v. Searls, No. 20-CV-6362-FPG, 2021 WL 358129, at *3 (W.D.N.Y. Jan. 25, 2021) (quoting 18 U.S.C. § 3006A(a)(2)(B)). In considering whether an appointment is in the interest of justice under this provision, "courts in this circuit have looked to such factors as the petitioner's likelihood of success on the merits, the complexity of the legal issues raised by the petition, and the petitioner's ability to investigate and present the case." McDonald v. Feeley, 535 F. Supp. 3d 128, 140 (W.D.N.Y. 2021) (quoting Gonzalez v. New York, No. 05-CV-9028, 2006 WL 728482, at *1 (S.D.N.Y. Mar. 21, 2006)). After due consideration of the circumstances of this case, and the factors listed above, the Court declines to find that "the interests of justice so require" the appointment of CJA counsel in this case. Accordingly, the motion is DENIED. SO ORDERED. Signed by Hon. Meredith A. Vacca on 05/23/2025. (JCL) (Entered: 05/23/2025)

#14

May 23, 2025

TEXT ORDER DIRECTING CLERK OF COURT TO CLOSE THIS ACTION. On May 21, 2025, the parties submitted a "Joint Stipulation and Notice of Voluntary Dismissal by Petitioner," which notified the Court that the parties agree that Petitioner's claims for relief have become moot. ECF No. 12. Because the stipulation was signed by both parties pursuant to Fed. R. Civ. Pr. 41(a)(1)(ii), the rule operated to dismiss the petition without prejudice without court order. Accordingly, the Clerk of Court is directed to close this action. SO ORDERED. See Tartaglione v. Easter, No. 3:20-CV-1165 (CSH), 2021 WL 40187, at *2 (D. Conn. Jan. 5, 2021) (finding a habeas petitioner was entitled to voluntary dismissal without prejudice without a court order where her request complied with Rule 41(a)). Signed by Hon. Meredith A. Vacca on 05/23/2025. (JCL)Clerk to Follow up (Entered: 05/23/2025)