Western District of New York • 1:25-cv-01166

#1

Nov 10, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5623919.), filed by Jose Sergio Tenezaca-Quiroz. (Attachments: # 1 Supplement Order to show Cause)(Kerben, Reuben) (Entered: 11/11/2025)

#2

Nov 11, 2025

Original Summons Filed. (Kerben, Reuben) (Entered: 11/11/2025)

#3

Nov 11, 2025

Letter filed by Jose Sergio Tenezaca-Quiroz Civil cover sheet JS 44. (Kerben, Reuben) (Entered: 11/11/2025)

Nov 12, 2025

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)

Nov 12, 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)

#4

Nov 13, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by the petitioner. 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 11/13/2025.(ZHM) (Entered: 11/13/2025)

#5

Nov 13, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Edward Newman, Kristi Noem (Khalil, Adam) (Entered: 11/13/2025)

#6

Nov 13, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Jose Sergio Tenezaca-Quirozs. Status Conference set for 11/14/2025 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 11/13/2025(CMD) (Entered: 11/13/2025)

#7

Nov 14, 2025

Letter filed by Pamela Bondi, Edward Newman, Kristi Noem with notice of reinstated order of removal. (Khalil, Adam) (Entered: 11/14/2025)

#8

Nov 14, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference re 1 Petition for Writ of Habeas Corpus filed by Jose Sergio Tenezaca-Quirozs held on 11/14/2025. 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 motion for release is due by 11/24/2025. Respondents' response due by 12/8/2025. Petitioner's reply is due by 12/11/2025. If necessary, oral argument will be scheduled prior to 12/18/2025. Court reviewed application and set briefing schedule as follows: Respondents' response is due by 12/29/2025. Petitioner's reply is due by 1/12/2026. 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: 11/14/2025)

#9

Dec 04, 2025

TEXT ORDER re 7 Letter filed by Kristi Noem, Pamela Bondi, Edward Newman. On November 14, 2025, this Court gave the petitioner until November 24, 2025, to file a motion for release. See Docket Item 8. The petitioner has not done so, and that deadline has passed. See id. In the meantime, the government filed a letter indicating that the "[p]etitioner was previously ordered removed on June 23, 2014[,] and was removed from the United States on July 14, 2014[,]" and that the government has now reinstated the petitioner's prior order of removal. Docket Item 7 at 1. Accordingly, the petitioner shall SHOW CAUSE by December 11, 2025 why he is not lawfully being detained under 8 U.S.C. § 1231. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/4/2025. (RFI) (Entered: 12/04/2025)

#10

Dec 09, 2025

REPLY/RESPONSE to re 9 Text Order,,, PETITIONERS RESPONSE TO ORDER TO SHOW CAUSE filed by Jose Sergio Tenezaca-Quirozs. (Kerben, Reuben) (Entered: 12/09/2025)

#11

Dec 15, 2025

TEXT ORDER re 10 Reply/Response to Order to Show Cause filed by Jose Sergio Tenezaca-Quirozs. The Court finds that disputed issues remain before this Court. The government shall respond to the petition on the schedule previously set by this Court. See Docket Item 8 (response due 12/29/2025; reply due 1/12/2026). The government's response should address the petitioner's argument that his removal is not reasonably foreseeable. See Docket Item 10 at 4-6. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/15/2025. (RFI) (Entered: 12/15/2025)

#12

Dec 15, 2025

Letter filed by Pamela Bondi, Edward Newman, Kristi Noem re removal of Petitioner imminent but for this Court's stay. (Khalil, Adam) (Entered: 12/15/2025)

#13

Dec 15, 2025

TEXT ORDER re 12 Letter filed by Kristi Noem, Pamela Bondi, Edward Newman re removal of Petitioner imminent but for this Court's stay. The stay of removal will be lifted unless the petitioner SHOWS CAUSE by 12/19/2025 as to why this Court has the authority to keep it in place. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/15/2025. (RFI) (Entered: 12/15/2025)

#14

Dec 16, 2025

REPLY/RESPONSE to re 10 Reply/Response and in further support of the MTD filed by Pamela Bondi, Edward Newman, Kristi Noem. (Khalil, Adam) (Entered: 12/16/2025)

#15

Dec 16, 2025

MOTION for Bond if stay of removal is granted by Pamela Bondi, Edward Newman, Kristi Noem.(Khalil, Adam) (Entered: 12/16/2025)

#16

Dec 17, 2025

Letter filed by Pamela Bondi, Edward Newman, Kristi Noem with update regarding Petitioner's claim fear of return to Ecuador. (Khalil, Adam) (Entered: 12/17/2025)

#17

Dec 18, 2025

Letter filed by Jose Sergio Tenezaca-Quirozs re: stay of removal. (Kerben, Reuben) (Entered: 12/18/2025)

#18

Dec 18, 2025

TEXT ORDER: The parties agree that the stay of removal in this matter should be lifted. See Docket Items 12 and 17. Accordingly, the Court hereby VACATES its order staying removal, Docket Item 4. The government's motion for bond if stay of removal is granted, Docket Item 15, is DENIED AS MOOT. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/18/2025. (RFI) (Entered: 12/18/2025)

#19

Dec 18, 2025

Letter filed by Pamela Bondi, Edward Newman, Kristi Noem re Petitioner's misstatement of fact re: Petitioner's fear review and removal. (Khalil, Adam) (Entered: 12/18/2025)

#20

Dec 29, 2025

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pamela Bondi, Edward Newman, Kristi Noem. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 12/29/2025)

#21

Dec 31, 2025

First MOTION to Amend/Correct Petition for Writ of Habeas Corpus, pursuant to Rule 15(a) by Jose Sergio Tenezaca-Quirozs. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support, # 2 Exhibit Exhibit A Proposed First Amended Verified Petition)(Kerben, Reuben) (Entered: 12/31/2025)

#22

Jan 05, 2026

TEXT ORDER: In light of the "permissive" standard for granting leave to amend, see Sacerdote v. New York Univ., 9 F.4th 95, 115 (2d Cir. 2021) (citation and internal quotation marks omitted); see also Fed. R. Civ. P. 15(a) (leave to amend should be "freely" given "when justice so requires"), the petitioner's motion to amend his petition, Docket Item 21, is GRANTED. The petitioner shall file the amended petition by 1/7/2026. The Court will construe the respondents' motion to dismiss, Docket Item 20, as applying to the amended petition. The respondents may—but are not required to—supplement their motion to dismiss by 1/20/2026 to address any facts or issues raised in the amended petition. The petitioner shall respond to the motion to dismiss by 1/27/2026 and the respondents may reply by 1/30/2026. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/5/2026. (ZHM) (Entered: 01/05/2026)

#23

Jan 05, 2026

Amended PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5672284.), filed by Jose Sergio Tenezaca-Quirozs.(Kerben, Reuben) (Entered: 01/05/2026)

#24

Jan 06, 2026

Letter filed by Pamela Bondi, Edward Newman, Kristi Noem regarding construing of MTD to Amended Pet. and correcting repeated factual misstatement. (Khalil, Adam) (Entered: 01/06/2026)