Western District of New York • 6:25-cv-06663

#1

Sep 27, 2025

First PETITION for Writ of Habeas Corpus (2241) Habeas Corpus Filing fee: $ 5, receipt number AMADC-11265057 Fee status: Filing Fee paid., filed by Claudio Pedroso de Oliveira. (Attachments: # 1 Category Form Category Form petitioner Claudio, # 2 Civil Cover Sheet Civil Cover Sheet Petitioner Claudio)(Mandache, Costica) [Transferred from mad on 11/14/2025.] (Entered: 09/27/2025)

#2

Sep 29, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (CM) [Transferred from mad on 11/14/2025.] (Entered: 09/29/2025)

#3

Sep 29, 2025

Judge Allison D. Burroughs: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than October 13, 2025. (CAM) [Transferred from mad on 11/14/2025.] (Entered: 09/29/2025)

#4

Sep 29, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (CAM) [Transferred from mad on 11/14/2025.] (Entered: 09/29/2025)

#5

Sep 29, 2025

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty Attorney matthew.lyons@usdoj.gov, USAMA.CivilProcess@usdoj.gov, and mailed to USAO and Respondents on 9/29/2025. (CAM) [Transferred from mad on 11/14/2025.] (Entered: 09/29/2025)

#6

Sep 30, 2025

NOTICE of Appearance by Julian N. Canzoneri on behalf of Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump (Canzoneri, Julian) (Main Document 6 replaced on 9/30/2025 at request of counsel, typo corrected ) (CAM). [Transferred from mad on 11/14/2025.] (Entered: 09/30/2025)

#7

Oct 03, 2025

STATUS REPORT by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump. (Attachments: # 1 Exhibit)(Canzoneri, Julian) [Transferred from mad on 11/14/2025.] (Entered: 10/03/2025)

#8

Oct 14, 2025

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem, Donald J. Trump. (Canzoneri, Julian) [Transferred from mad on 11/14/2025.] (Entered: 10/14/2025)

#9

Oct 14, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. No later than October 21, 2025, Petitioner shall move to dismiss the case, transfer to a court of competent jurisdiction, or file a reply to Respondents' Response/Answer, [ECF No. 8 ], explaining Petitioner's position on Respondents' contention that this Court lacks jurisdiction, see [id. at 35]. (CAM) Order text modified on 10/14/2025 (CAM). [Transferred from mad on 11/14/2025.] (Entered: 10/14/2025)

#10

Oct 20, 2025

Reply Response by Claudio Pedroso de Oliveira to 8 Response to Petition for Writ of Habeas Corpus - 2241 . (Attachments: # 1 Exhibit Notice of Electronic Filing, # 2 Exhibit Birth Certificates and Marriage Certificate, # 3 Exhibit ITIN Assignment and Bravo inc, # 4 Exhibit Letters of support)(Mandache, Costica) [Transferred from mad on 11/14/2025.] (Entered: 10/20/2025)

#11

Oct 20, 2025

EXHIBIT re 8 Response to Petition for Writ of Habeas Corpus - 2241 Exhibit 5 in Support of Petitioner Reply and in Response to ECF 8 by Claudio Pedroso de Oliveira. (Mandache, Costica) [Transferred from mad on 11/14/2025.] (Entered: 10/20/2025)

#12

Nov 14, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. As a general rule, a habeas corpus petition must name the petitioner’s immediate custodian and be filed in the district court with territorial jurisdiction over that custodian. Rumsfeld v. Padilla, 542 U.S. 426, 446–47 (2004). The Petition in this case was filed one day after Petitioner had been transferred to a detention facility in Batavia, New York, thus depriving this Court of jurisdiction under the default rules of statutory habeas jurisdiction. [ECF No. 8 at 1]. Petitioner contests that conclusion, see generally [ECF No. 10 ], but his arguments are ultimately unavailing. The Petition proceeds under the assumption that when it was filed, Petitioner was detained in Massachusetts, [ECF No. 1 ¶¶ 7–8], but there is no evidence, either in the Petition or in Petitioner’s Reply, [ECF No. 10 ¶¶ 14–40], that Petitioner’s counsel actually attempted to ascertain Petitioner’s true location or immediate custodian before filing the Petition. Nor is there any evidence that Petitioner was rapidly removed from Massachusetts “to make it difficult for his Counsel to know where the habeas petition should be filed,” [ECF No. 10 ¶ 19]. While this Court recognizes that exceptions to the immediate-custodian and district-of-confinement rules may be necessary when a petitioner’s location cannot be discovered by counsel, see, e.g., Suri v. Trump, 785 F. Supp. 3d 128, 142 (E.D. Va. 2025), or upon a showing that a petitioner was moved for reasons of “furtiveness... [or] bad faith,” Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000), it is Petitioner’s obligation to provide evidence on which the Court could conclude that one of these exceptions applies. Apart from conclusory statements, Petitioner has failed to provide such evidence in this case.Pursuant to 28 U.S.C. § 1404, the Court ORDERS the transfer of this action to the Western District of New York, the district in which the Petition could originally have been filed.(CAM) [Transferred from mad on 11/14/2025.] (Entered: 11/14/2025)

#13

Nov 14, 2025

Judge Allison D. Burroughs: ORDER of Transfer entered. Case transferred to to District of New York, Western; Case file sent electronically to Clerk in that district. (CAM) [Transferred from mad on 11/14/2025.] (Entered: 11/14/2025)

#14

Nov 14, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-12801. (Entered: 11/14/2025)

#15

Nov 14, 2025

TEXT ORDER: On November 12, 2025, this Court issued orders in four separate cases commenced pursuant to 28 U.S.C. § 2241 (Quituizaca Quituisaca v. Bondi, 25-cv-6527; Najeem v. Freden, 25-cv-6584; Mendoza v. Bondi, 25-cv-954; and Martinez v. Bondi, 25-cv-6508) finding that noncitizens who are present in the United States without having been admitted or paroled are not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but instead are subject to detention under section 1226. Accordingly, the respondents are hereby ORDERED TO SHOW CAUSE on or before November 19, 2025, why, in light of those decisions, the petition in this case should not be granted to the extent it seeks a bond hearing, and the Court should not order that the petitioner receive a bond hearing at which the government bears the burden to demonstrate, by clear and convincing evidence, that the petitioner is a danger to the community or a flight risk and at which the immigration judge must consider non-bond alternatives to detention or, if setting a bond, the petitioner's ability to pay. 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. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/14/2025. (MGB)Clerk to Follow up (Entered: 11/14/2025)

Nov 14, 2025

Case assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of electronic case transfer. (CGJ)

Nov 14, 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. (CGJ)

Nov 14, 2025

Remark: Clerk mailed a copy of #15 Text Order to Costica Marian Mandache. (ARS)