Western District of New York • 1:25-cv-01236

#1

Nov 21, 2025

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5635068.), filed by Diego De Paz Velasco. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Order of Supervision, # 3 Exhibit Notice of Revocation, # 4 Exhibit Emails with ICE, # 5 Exhibit Screenshot of Diego's location)(Kim, Malcolm) (Entered: 11/21/2025)

#2

Nov 24, 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 11/24/2025. (ZHM) (Entered: 11/24/2025)

#3

Nov 24, 2025

TEXT ORDER re 1 Petition for Writ of Habeas Corpus filed by Diego De Paz Velasco. Status Conference set for 11/24/2025 at 2:30 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 11/24/2025. (RFI) (Entered: 11/24/2025)

Nov 24, 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)

Nov 24, 2025

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

#5

Dec 02, 2025

NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Immigration and Customs Enforcement, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security (Khalil, Adam) (Entered: 12/02/2025)

#6

Dec 02, 2025

Letter filed by Joseph Freden, Immigration and Customs Enforcement, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security with documents from ICE. (Khalil, Adam) (Entered: 12/02/2025)

#7

Dec 05, 2025

MOTION to Dismiss by Joseph Freden, Immigration and Customs Enforcement, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security. (Attachments: # 1 Memorandum in Support)(Khalil, Adam) (Entered: 12/05/2025)

#8

Dec 05, 2025

Letter filed by Joseph Freden, Immigration and Customs Enforcement, Todd Lyons, Tammy Marich, Kristi Noem, U.S. Department of Homeland Security re denial of motion to reopen before BIA. (Khalil, Adam) (Entered: 12/05/2025)

#10

Dec 17, 2025

TEXT ORDER re 7 MOTION to Dismiss filed by U.S. Department of Homeland Security, Kristi Noem, Tammy Marich, Immigration and Customs Enforcement, Todd Lyons, Joseph Freden. Virtual Oral Argument set for 12/19/2025 at 11:30 AM 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 12/17/2025. (CMD) (Entered: 12/17/2025)

#11

Dec 19, 2025

TEXT ORDER: Based on the parties' submissions and the oral argument held on December 19, 2025, the Court has determined that the petitioner is likely to succeed on his petition in light of this Court's decision in Ceesay v. Kurzdorfer, 781 F. Supp. 3d 137 (W.D.N.Y. 2025). As a result, this Court hereby orders that on or before December 22, 2025, De Paz Velasco shall be temporarily released from ICE custody pending further briefing by the parties. ICE may, in its discretion, choose to release Da Paz Velasco on electronic monitoring. The parties shall file their joint supplemental submission on or before December 30, 2025, at which time the Court will take the petition, Docket Item 1, and the government's motion to dismiss, Docket Item 7, under advisement. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 12/19/2025. (RFI) (Entered: 12/19/2025)

#12

Dec 19, 2025

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument held on 12/19/2025. 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. Court heard from parties. Parties joint supplemental submission due by 12/30/2025. Court will temporarily release petitioner and a text order will be issued. Appearances by Teams Video Conference. For petitioner: Malcolm S. Kim and Maureen Hussain. For respondents: AUSA Adam Khalil. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 12/19/2025)