Western District of New York • 6:25-cv-06612

#1

Oct 22, 2025

PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by Humberto Luna Delgado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet)(Aisen, Aaron) (Entered: 10/22/2025)

Oct 22, 2025

E-Filing Notification: 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.), filed by Humberto Luna Delgado.(Aisen, Aaron). Petitioner's attorney has contacted the court regarding a system error during fee payment and will be submitting a check before the end of the week. Case will be assigned upon payment. (LEB)

Oct 24, 2025

Filing fee: $ 5.00, receipt number 100008270 (LEB)

Oct 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. (LEB)

Oct 27, 2025

Remark: Case originally assigned to incorrect Office in Buffalo and transferred to Rochester under case number 6:25-cv-6612. All future docketing shall be entered on the Rochester case. Notification to Chambers of on-line civil case opening. (LEB)

#2

Oct 29, 2025

SCHEDULING ORDER that the Clerk of Court shall serve a copy of the Petition 1, together with a copy of this Order, electronically via a Notice of Electronic Filing to the United States Attorney's Office; within 14 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition, or a motion to dismiss the Petition; Petitioner shall have 7 days after service of the answer or motion to dismiss to file a written response. Signed by Hon. Meredith A. Vacca on 10/28/2025. (Attachments: # 1 Petition)(TF) (Entered: 10/29/2025)

#3

Nov 03, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem (Khalil, Adam) (Entered: 11/03/2025)

#4

Nov 05, 2025

Letter filed by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem re stay issued by Board of Immigration Appeals. (Khalil, Adam) (Entered: 11/05/2025)

#5

Nov 06, 2025

TEXT ORDER. The Court is in receipt of Respondents' letter regarding the Board of Immigration Appeals' stay of execution of the bond order. ECF No. 4. The Court notes that under the original scheduling order, Respondents must answer or otherwise respond to the Petition on or before Wednesday, 11/12/2025. In the meantime, Petitioner is directed to file a brief letter on or before Monday, 11/10 indicating his position as to whether or not briefing of this matter should be stayed until the resolution of the appeal of the bond order. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/6/2025. (JCL) (Entered: 11/06/2025)

#6

Nov 06, 2025

Letter filed by Humberto Luna Delgado Petitioner Response to Dkt. No. 5. (Aisen, Aaron) (Entered: 11/06/2025)

#7

Nov 07, 2025

AMENDED PETITION for Writ of Habeas Corpus against Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem, filed by Humberto Luna Delgado. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Aisen, Aaron) Modified on 11/10/2025 (TF). (Entered: 11/07/2025)

#8

Nov 10, 2025

TEXT ORDER. The Court is in receipt of Petitioner's letter of 11/06/2025. ECF No. 6. Consistent with the understanding between the parties expressed therein, the deadlines expressed in the 10/29/2025 scheduling order [ECF No. 2] will remain the operative deadlines. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/10/2025. (JCL) (Entered: 11/10/2025)

Nov 10, 2025

E-Filing Notification: Incorrect event used to electronically file document. For future reference, use PETITION for Writ of Habeas Corpus event. No action required re 7 AMENDED COMPLAINT. Clerk to modify entry. (TF)

#9

Nov 12, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Joseph E. Freden, Todd M. Lyons, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 11/12/2025)

#10

Nov 19, 2025

RESPONSE in Opposition re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Humberto Luna Delgado. (Aisen, Aaron) (Entered: 11/19/2025)

#11

Nov 24, 2025

NOTICE of Voluntary Dismissal by Humberto Luna Delgado (Aisen, Aaron) (Entered: 11/24/2025)

#12

Nov 25, 2025

TEXT ORDER DIRECTING THE CLERK OF COURT TO CLOSE THIS CASE. On November 24, 2025, Petitioner filed a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). ECF No. 11. Accordingly, the Clerk of Court is directed to close this action. See, e.g., Fredricks v. Desrochas, No. 21 CIV. 8389 (JGLC) (SLC), 2024 WL 5506181, at *1 (S.D.N.Y. Nov. 12, 2024), report and recommendation adopted, No. 21-CV-8389 (JGLC) (SLC), 2025 WL 1018870 (S.D.N.Y. Apr. 4, 2025), motion to reopen granted, No. 21 CIV. 8389 (JGLC) (SLC), 2025 WL 1635969 (S.D.N.Y. June 9, 2025) (collecting cases in support of the proposition that "[b]ecause Rule 41(a)(1)(A)(i) applies before the filing of an answer or motion for summary judgment, a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) does not preclude dismissal."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/25/2025. (JCL)Clerk to Follow up (Entered: 11/25/2025)