Western District of New York • 1:25-cv-01194
Mateo Francisco v. Kurzdorfer
Terminated
Case Information
Filed: November 14, 2025
Assigned to:
John Leonard Sinatra Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: December 05, 2025
Last Activity:
November 24, 2025
Parties:
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Docket Entries
#1
Nov 14, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5628261.), filed by Salvador Raymundo Mateo Francisco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Notice to Appear, # 3 Exhibit DHS Motion to Dismiss, # 4 Exhibit IJ Order Dismissing Immigration Proceedings, # 5 Exhibit SIJS and Deferred Action Approval Notice, # 6 Exhibit DHS Rejected I-830)(Battenfeld, Kerry) (Entered: 11/14/2025)
Main Document:
PETITION
Nov 17, 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. (DDS)
Nov 17, 2025
Case Assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of on-line civil case opening. (DDS)
#2
Nov 18, 2025
NOTICE of Appearance by Sarah Telo Gillman on behalf of Salvador Raymundo Mateo Francisco (Gillman, Sarah) (Entered: 11/18/2025)
Main Document:
NOTICE
#3
Nov 18, 2025
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1 . Counsel shall confer regarding a briefing schedule on the petition and shall file a letter outlining their proposed briefing schedule by November 25, 2025. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of 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. Issued by Hon. John L. Sinatra, Jr. (MFE). Clerk to Follow up (DDS). (Main Document 3 replaced on 11/19/2025) (DDS). (Entered: 11/18/2025)
Main Document:
TEXT
#4
Nov 19, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Stephen KURZDORFER, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement (Khalil, Adam) (Entered: 11/19/2025)
Main Document:
NOTICE
#5
Nov 19, 2025
Letter filed by Salvador Raymundo Mateo Francisco Joint Letter Proposed Briefing Schedule. (Gillman, Sarah) (Entered: 11/19/2025)
Main Document:
Letter
#6
Nov 19, 2025
NOTICE of Appearance by Sarah Emma Decker on behalf of Salvador Raymundo Mateo Francisco (Decker, Sarah) (Entered: 11/19/2025)
Main Document:
NOTICE
#7
Nov 19, 2025
AMENDED COMPLAINT Amended Petition and Complaint against Joseph Freden, Stephen KURZDORFER, Todd Lyons, his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, Kristi Noem, in her official capacity as Secretary of the United States Department of Homeland Security, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Tammy Marich, filed by Salvador Raymundo Mateo Francisco. (Attachments: # 1 Exhibit Amended Petition Redlined, # 2 Exhibit Exh. 1, 2021 NTA, # 3 Exhibit Exh. 2, DHS Motion to Dismiss Proceedings, # 4 Exhibit Exh. 3, Dismissal Order, # 5 Exhibit Approved SIJS Petition with Grant of Deferred Action, # 6 Exhibit Notice of Rejected Filing)(Gillman, Sarah) (Entered: 11/19/2025)
Main Document:
AMENDED
#8
Nov 19, 2025
MOTION for Temporary Restraining Order by Salvador Raymundo Mateo Francisco. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit EOIR Case Status)(Gillman, Sarah) (Entered: 11/19/2025)
Main Document:
MOTION
Nov 19, 2025
E-Filing Notification: 3 TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1 . Counsel shall confer regarding a briefing schedule on the petition and shall file a letter outlining their proposed briefing schedule by November 25, 2025. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of 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. Issued by Hon. John L. Sinatra, Jr. (MFE). Clerk to Follow up (Main Document 3 replaced with corrected document on 11/19/2025) (DDS). (DDS)
#9
Nov 20, 2025
TEXT ORDER re petitioner's 5 letter. As reflected in Dkt. 8, respondents' opposition to the temporary restraining order is due by November 20, 2025. Petitioner's reply is due November 21, 2025. The parties shall appear for oral argument on the motion for a temporary restraining order by telephonic conference on November 24, 2025 at 2:00 p.m. To access the telephonic conference, the parties shall dial 716-764-9100 and enter ID No. 777 657 531# sufficiently in advance of the proceeding. Petitioner's motion for a preliminary injunction is due by November 20, 2025. Respondents' response to the motion for a preliminary injunction is due by November 28, 2025. Petitioner's reply to respondents' response to the motion for a preliminary injunction is due by December 5, 2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/20/2025. (MFE) Modified on 11/20/2025. (KLH) (Entered: 11/20/2025)
#10
Nov 20, 2025
NOTICE of Appearance by Jhoanna Faye Sylio on behalf of Salvador Raymundo Mateo Francisco (Sylio, Jhoanna) (Entered: 11/20/2025)
Main Document:
NOTICE
#11
Nov 20, 2025
RESPONSE in Opposition re 8 MOTION for Temporary Restraining Order filed by Joseph Freden, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Khalil, Adam) (Entered: 11/20/2025)
Main Document:
RESPONSE
Nov 20, 2025
RESCHEDULING NOTICE (*Time Change Only*): Status Conference RESCHEDULED for 11/24/2025 at 3:00 PM via telephone conference before Hon. John L. Sinatra, Jr. (KLH)
Nov 20, 2025
E-Filing Notification re 9 TEXT ORDER. Entry modified on 11/20/2025. Please review the modifications on the docket for the correct briefing schedule. (KLH)
#12
Nov 21, 2025
MOTION to appear pro hac vice Stephanie Norton ( Filing fee $ 200 receipt number ANYWDC-5635138.) by Salvador Raymundo Mateo Francisco. (Attachments: # 1 Motion, # 2 Exhibit Admission Petition Form, # 3 Exhibit Sponsoring Affidavit, # 4 Exhibit Attorney's Oath, # 5 Exhibit Civility Principles and Guidelines Oath, # 6 Exhibit Attorney Database and Electronic Case Filing Registration Form)(Decker, Sarah) (Entered: 11/21/2025)
Main Document:
MOTION
#13
Nov 21, 2025
REPLY/RESPONSE to re 11 Response in Opposition to Motion filed by Salvador Raymundo Mateo Francisco. (Gillman, Sarah) (Entered: 11/21/2025)
Main Document:
REPLY/RESPONSE
#14
Nov 21, 2025
Letter filed by Salvador Raymundo Mateo Francisco . (Gillman, Sarah) (Entered: 11/21/2025)
Main Document:
Letter
#15
Nov 21, 2025
TEXT ORDER re Petitioner's letter 14 motion and Petitioner's request to stay transfer or require seventy-two business-hours' notice of transfer. Respondents maintain that Petitioner "is... in removal proceedings," Dkt. 11 at 13. There is no need to interfere with the Department of Homeland Security's authority to "arrange for appropriate places of detention for aliens detained pending removal or a decision on removal[,]" under Title 8, United States Code, Section 1231(g)(1), because this Court will retain jurisdiction over Petitioner's habeas petition regardless of where he is transferred. See Santillanes v. U.S. Parole Comm'n, 754 F.2d 887, 888 (10th Cir. 1985) ("It is well established that jurisdiction attaches on the initial filing for habeas corpus relief, and it is not destroyed by a transfer of the petitioner and the accompanying custodial change."). Accordingly, Petitioner's letter motion and related requested relief is DENIED. The balance of his TRO application will be addressed at the scheduled argument on Monday, November 24, 2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/21/2025. (MFE). (Entered: 11/21/2025)
#16
Nov 24, 2025
Letter filed by Salvador Raymundo Mateo Francisco Re: Petitioner Was Transferred and His Motion for a TRO is Now Moot. (Gillman, Sarah) (Entered: 11/24/2025)
Main Document:
Letter
#17
Nov 24, 2025
TEXT ORDER granting 12 Motion for Pro Hac Vice. Issued by Hon. John L. Sinatra, Jr. on 11/24/2025. (KLH) (Entered: 11/24/2025)
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