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)

#16

Nov 18, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Kristi L. Noem, Donald J. Trump (Khalil, Adam) (Entered: 11/18/2025)

#17

Nov 19, 2025

REPLY/RESPONSE to re 15 Text Order,,,,, filed by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Kristi L. Noem, Donald J. Trump. (Khalil, Adam) (Entered: 11/19/2025)

#18

Nov 20, 2025

ORDER granting 1 Petition to the extent that Petitioner seeks a bond hearing. Signed by Hon. Elizabeth A. Wolford on 11/20/2025. (MGB)Clerk to Follow up

#19

Nov 26, 2025

NOTICE of Appearance by Vinicius Silva Damasceno on behalf of Claudio Pedroso de Oliveira (Silva Damasceno, Vinicius) (Entered: 11/26/2025)

#20

Nov 26, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump re bond hearing. (Khalil, Adam) (Entered: 11/26/2025)

#21

Dec 01, 2025

TEXT ORDER. On November 20, 2025, the undersigned issued an Order granting Petitioner's request for a bond hearing with the burden of proof placed on the government, and indicating that a more detailed decision would be issued in due course clarifying the reasons for the Order. (Dkt. 18). Since then, the undersigned has issued two written decisions addressing the issues raised by Petitioner: Lieogo v. Freden, et al., No. 6:25-CV-06615 EAW, 2025 WL 3290694 (W.D.N.Y. Nov. 26, 2025) and Quituizaca Quituisaca v. Bondi et al., No. 6:25-CV-6527-EAW, 2025 WL 3264440 (W.D.N.Y. Nov. 24, 2025). The undersigned refers the parties to those decisions for the more detailed reasons behind the Order entered November 20, 2025.SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/01/2025. (MGB) (Entered: 12/01/2025)

#22

Dec 02, 2025

STATUS REPORT Regarding Respondents' Noncompliance with the Court's Order by Claudio Pedroso de Oliveira. (Attachments: # 1 Exhibit Bond Decision from 11.26.25, # 2 Exhibit Form I-213)(Silva Damasceno, Vinicius) (Entered: 12/02/2025)

#23

Dec 02, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump re: steps to obtain transcript if status report is to be treated as motion to enforce. (Khalil, Adam) (Entered: 12/02/2025)

#24

Dec 02, 2025

TEXT ORDER re: 22 Status Report. The Court construes Petitioner's status report filed December 2, 2025 (Dkt. 22), as a motion to enforce the Court's November 20, 2025 Order (Dkt. 18). Responses to the motion to enforce are due on or before December 9, 2025. Respondents are directed to provide a copy of the audio recording file from the bond hearing before the Immigration Judge with their response and shall then submit the written transcript as soon as practicable thereafter but in no event later than December 16, 2025. Respondents are further advised that if the Court concludes that its Order was not complied with, it will likely order Petitioner's release unless Respondents can establish some valid reason it should not do so. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/02/2025. (MGB). (Entered: 12/02/2025)

#25

Dec 03, 2025

TEXT ORDER re: 22 Motion to Enforce. Respondents have provided a copy of the audio recording file from the bond hearing before the Immigration Judge in this matter, which the Court has reviewed. The audio recording confirms Petitioner's contention that the Immigration Judge did not comply with this Court's November 20, 2025 Order (Dkt. 18) regarding the burden of proof and requirement to consider alternatives to detention even if dangerousness was shown. Given the Immigration Court's blatant failure to comply with this Court's Order (as urged on by the attorney appearing at the hearing on behalf of the executive branch), the undersigned is expediting consideration of this matter. On or before noon on December 5, 2025, Respondents shall file a response which sets forth any basis as to why Petitioner should not be released with reasonable conditions. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/03/2025. (MGB). (Entered: 12/03/2025)

#26

Dec 05, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump re bond hearing and motion to enforce. (Khalil, Adam) (Entered: 12/05/2025)

#27

Dec 05, 2025

TEXT ORDER re: 22 Motion to Enforce. On December 2, 2025, the Court directed Respondents to provide the Court with a copy of the audio recording file from the bond hearing before the Immigration Judge in this matter, which was provided to the Court on December 3, 2025. Based on a review of the audio file, the Court concluded that significant questions were raised as to whether the Immigration Judge complied with this Court's November 20, 2025 Order (Dkt. 18) regarding the burden of proof and requirement to consider alternatives to detention, and directed Respondents to file a response setting forth any basis as to why Petitioner should not be released with reasonable conditions. (Dkt. 25). Respondents filed a response on December 5, 2025. (Dkt. 26).In order to facilitate resolution of this matter, Respondents are directed to transfer Petitioner back to this District pending a resolution of the petition because the Court finds that Petitioner's presence in the District is necessary to support the Court's resolution of the issues in the petition and on the motion to enforce, including because it will enable Petitioner to fully participate in these proceedings and maintain adequate access to legal counsel. See 28 U.S.C. § 2243 ("Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts."); see also McDonald v. Francis, No. 25-CV-09355 (JAV), 2025 WL 3295906, at *5 (S.D.N.Y. Nov. 26, 2025); Lopez Benitez v. Francis, No. 25CV-5937 (DEH), 2025 WL 2371588, at *15 (S.D.N.Y. Aug. 13, 2025). This transfer shall be effected on or before December 10, 2025.Oral argument on the motion to enforce is hereby set for Thursday, December 11, 2025, at 3:30 p.m. at the United States Courthouse, 100 State Street, Rochester, New York 14614. Counsel must appear in person unless permission is granted to attend remotely based upon a request made at least 2 days prior to the appearance. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2025. (MGB) (Entered: 12/05/2025)

#28

Dec 05, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump requesting remote appearance. (Khalil, Adam) (Entered: 12/05/2025)

#29

Dec 05, 2025

TEXT ORDER granting 28 Letter Request for Leave to Appear by Remote Means. For good cause shown, counsel may appear remotely for the oral argument on December 11, 2025. The Court will provide instructions to appear remotely in advance of the argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2025. (MGB) (Entered: 12/05/2025)

#30

Dec 05, 2025

MOTION for Leave to Appear Remotely by Claudio Pedroso de Oliveira.(Silva Damasceno, Vinicius) (Entered: 12/05/2025)

#31

Dec 05, 2025

TEXT ORDER granting 30 Motion for Leave to Appear by Remote Means. For good cause shown, counsel may appear remotely for the oral argument on December 11, 2025. The Court will provide instructions to appear remotely in advance of the argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/05/2025. (MGB) (Entered: 12/05/2025)

#32

Dec 08, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump re return of Petitioner to WDNY. (Khalil, Adam) (Entered: 12/08/2025)

#33

Dec 08, 2025

TEXT ORDER granting 32 Request for Extension of Time. Respondents request additional time to transfer Petitioner back to the Western District of New York pursuant to the Court's December 5, 2025 Text Order (Dkt. 27). The request is granted. Respondents shall transfer Petitioner back to the District on or before December 12, 2025. Oral argument in the matter remains scheduled for December 11, 2025. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/08/2025. (MGB) Modified on 12/8/2025 (MGB). (Entered: 12/08/2025)

#34

Dec 11, 2025

ORDER granting motion to enforce and directing that Petitioner be provided a new bond hearing as set forth herein. Signed by Hon. Elizabeth A. Wolford on 12/11/2025. (MGB)

#35

Dec 11, 2025

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances via video: Vinicius Silva Damasceno, Esq. on behalf of Petitioner; Adam A. Khalil, AUSA on behalf of Respondents. Oral Argument re 22 Motion to Enforce held on 12/11/2025. Court reserves decision as per discussion held on the record; separate Order to be issued. (Court Reporter Karen Clark.) (DPS) (Entered: 12/12/2025)

#36

Dec 12, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump return of Mr. De Oliveira to BFDF. (Khalil, Adam) (Entered: 12/12/2025)

#37

Dec 29, 2025

Letter filed by Pamela Bondi, Joseph Freden, Todd Lyons, Kristi L. Noem, Donald J. Trump re bond hearing. (Khalil, Adam) (Entered: 12/29/2025)