Western District of New York • 1:25-cv-01110
Cabrera Martinez v. Newman
Active
Case Information
Filed: October 30, 2025
Assigned to:
Lawrence Joseph Vilardo
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
November 13, 2025
Parties:
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Docket Entries
#1
Oct 30, 2025
First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5615044.), filed by Roberto Antonio Cabrera Martinez. (Attachments: # 1 Order to Show Cause, # 2 Civil Cover Sheet, # 3 Summons)(Kerben, Reuben) (Entered: 10/30/2025)
Main Document:
First
#2
Oct 31, 2025
TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Roberto Antonio Cabrera Martinez. To maintain the status quo, and solely so that the Court can make an informed decision about its authority to issue relief and whether any relief that it has the power to issue should be granted, the respondents are temporarily enjoined from removing the petitioner from the United States. Additionally, so that the petitioner can fully participate in these proceedings and maintain adequate access to legal counsel, the respondents also are enjoined from transferring the petitioner outside the Western District of New York. See Perez y Perez v. Noem, 2025 WL 1908284, at *2 (S.D.N.Y. June 13, 2025) (collecting cases). The Court will promptly schedule a status conference. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/31/2025. (RFI) (Entered: 10/31/2025)
#3
Oct 31, 2025
TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Roberto Antonio Cabrera Martinez. Status Conference set for 10/31/2025 at 1:30 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 10/31/2025. (RFI) (Entered: 10/31/2025)
#4
Oct 31, 2025
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 1 Petition for Writ of Habeas Corpus filed by Roberto Antonio Cabrera Martinez held on 10/31/2025. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Petitioner's preliminary motion for release is due by 11/7/2025. Respondent's response due by 11/17/2025. Reply due by 11/21/2025. Oral Argument (virtual) set for 11/24/2025 at 2:00 PM in U.S. District Court, Niagara Courtroom, 8th Floor West, 2 Niagara Square, Buffalo, NY before Hon. Lawrence J. Vilardo. Court reviewed application and set briefing schedule as follows: Respondents' response is due by 12/15/2025. Petitioner's reply is due by 12/29/2025. If necessary, oral argument will be scheduled by the Court. Appearances by Teams Video Conference. For petitioner: Reuben S. Kerben and Avi Silberberg. For respondents: AUSA Adam Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 10/31/2025)
Oct 31, 2025
Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLH)
Oct 31, 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. (JLH)
Oct 31, 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. (LB)
#5
Nov 03, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Edward Newman, Kristi L. Noem (Khalil, Adam) (Entered: 11/03/2025)
Main Document:
NOTICE
#6
Nov 05, 2025
Letter filed by Pamela Bondi, Edward Newman, Kristi L. Noem with Notice to Appear. (Khalil, Adam) (Entered: 11/05/2025)
Main Document:
Letter
#7
Nov 07, 2025
MOTION for Preliminary Injunction by Roberto Antonio Cabrera Martinez. (Attachments: # 1 Text of Proposed Order)(Kerben, Reuben) (Entered: 11/07/2025)
Main Document:
MOTION
#8
Nov 13, 2025
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Edward Newman, Kristi L. Noem. (Attachments: # 1 Memorandum in Support of MTD and in opp to Martinez's motion for PI)(Khalil, Adam) (Entered: 11/13/2025)
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