Western District of New York • 1:25-cv-00518

#1

Jun 16, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11071787 Fee status: Filing Fee paid., filed by Gilmer Anibal Orellana. (Attachments: # 1 Civil Cover Sheet)(Perez-Kudzma, Carmenelisa) (Main Document 1 replaced on 6/17/2025, to remove form instructions page.) (FGD) [Transferred from mad on 6/17/2025.] (Entered: 06/16/2025)

#2

Jun 17, 2025

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (FGD) [Transferred from mad on 6/17/2025.] (Entered: 06/17/2025)

#3

Jun 17, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Jessica D. Hedges. (SEC) [Transferred from mad on 6/17/2025.] (Entered: 06/17/2025)

#4

Jun 17, 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). (FGD) [Transferred from mad on 6/17/2025.] (Entered: 06/17/2025)

#5

Jun 17, 2025

Civil Cover Sheet & Category Sheet re 1 Petition for Writ of Habeas Corpus (2241), by Gilmer Anibal Orellana. (Perez-Kudzma, Carmenelisa) [Transferred from mad on 6/17/2025.] (Entered: 06/17/2025)

#6

Jun 17, 2025

Judge Brian E. Murphy: ELECTRONIC ORDER FOR TRANSFER - Petitioner states or suggests that he: was taken into custody in Maine, Dkt. 1 at 6; is currently detained in Buffalo, New York, id. at 1, 6; and was detained in Buffalo, New York at time of filing, see id. at 8 (dated June 13, 2025). This Court therefore lacks jurisdiction over his petition. See Ozturk v. Hyde, 136 F.4th 382, 391 (2d Cir. 2025) (holding that habeas jurisdiction lies in the district of confinement at time of filing (citing Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004))). Accordingly, pursuant to 28 U.S.C. § 1631, the Court orders that this action be TRANSFERRED to the United States District Court for the Western District of New York. (BIB) [Transferred from mad on 6/17/2025.] (Entered: 06/17/2025)

#7

Jun 17, 2025

Case transferred in from District of Massachusetts; Case Number 1:25-cv-11759. (Entered: 06/17/2025)

Jun 17, 2025

Case assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of electronic case transfer. (CGJ)

Jun 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. (CGJ)

#8

Jun 20, 2025

ORDER that within 45 days of the date of this order, Respondents shall file and serve an answer and memorandum of law or a motion to dismiss; Petitioner shall have 25 days upon receipt of the answer or motion to dismiss to file a written response; the Clerk of Court shall serve a copy of the petition and this 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. Signed by Hon. John L. Sinatra, Jr. on 6/20/2025. (Attachments: # 1 Petition)(CGJ)This was mailed to: Carmenelisa Perez-Kudzma. (Entered: 06/20/2025)

#9

Jun 25, 2025

MOTION for Order Concerning Stay of Transfer or Removal by Gilmer Anibal Orellana. (CGJ) (Entered: 06/25/2025)

#10

Jun 26, 2025

NOTICE of Appearance by Marvin J. Muller, III on behalf of Patricia Hyde, Michael Krol, Kristi Noem, Todd Lyons (Muller, Marvin) (Entered: 06/26/2025)

#11

Jun 26, 2025

TEXT ORDER. Counsel for Petitioner shall file a status report or letter addressing 9 Petitioner's MOTION for Order Concerning Stay of Transfer or Removal, no later than 6/27/2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 6/26/2025. (CJG)This was mailed and emailed to: Carmenelisa Perez-Kudzma (carmenelisa@pklaw.law). (Entered: 06/26/2025)

#12

Jun 30, 2025

TEXT ORDER. By July 10, 2025, an attorney admitted in this District (either fully or pro hac vice) shall enter an appearance on petitioners behalf, failing which petitioner will be deemed to be proceeding pro se. SO ORDERED.Issued by Hon. John L. Sinatra, Jr. on 6/30/2025. (CJG)This was mailed to: Petitioner and Carmenelisa Perez-Kudzma. (Entered: 06/30/2025)

#13

Jul 08, 2025

Mail Returned as Undeliverable. Admission Verification Requested sent to Carmenelisa Perez-Kudzma Law Office. Attempted-Not Known/Unable to Forward (LEB) (Entered: 07/08/2025)

#14

Jul 08, 2025

Mail Returned as Undeliverable. 8 Order, sent to Carmenelisa Perez-Kudzma Law Office. Return to Sender/Vacant/Unable to Forward. (LEB) (Entered: 07/08/2025)

#15

Jul 14, 2025

Mail Returned as Undeliverable: 12 Text Order, sent to Carmenelisa Perez-Kudzma. (KLH) (Entered: 07/14/2025)

#16

Jul 15, 2025

TEXT ORDER. The government shall a letter or brief response addressing Petitioner's 9 MOTION for Order Concerning Stay of Transfer or Removal, no later than 7/22/2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/15/2025. (CJG)This was mailed to: Petitioner. (Entered: 07/15/2025)

#17

Jul 21, 2025

REPLY/RESPONSE to re 16 Text Order, filed by Patricia Hyde, Michael Krol, Kristi Noem, Todd Lyons. (Muller, Marvin) (Entered: 07/21/2025)

#18

Jul 23, 2025

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Patricia Hyde, Michael Krol, Kristi Noem, Todd Lyons. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit)(Muller, Marvin) (Entered: 07/23/2025)

#19

Jul 24, 2025

CERTIFICATE OF SERVICE by Patricia Hyde, Michael Krol, Kristi Noem, Todd Lyons re 18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Muller, Marvin) (Entered: 07/24/2025)

#20

Jul 28, 2025

TEXT ORDER re 18 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response is due 8/18/2025. Any reply is due 8/28/2025. Oral argument will be scheduled at a later date if necessary. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/28/2025. (CJG)This was mailed to: Petitioner. (Entered: 07/28/2025)

#21

Jul 28, 2025

TEXT ORDER. This Court's previous text order 12 provided that Petitioner would be deemed to be proceeding pro se in this case unless an attorney admitted in this district entered an appearance by 7/10/2025. No attorney has done so. Accordingly, the Court directs the Clerk of Court to terminate counsel for Petitioner and update the docket to reflect Petitioner's pro se status. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/28/2025.(CJG)Clerk to Follow up (Entered: 07/28/2025)

#22

Jul 28, 2025

TEXT ORDER denying Petitioner's 9 Motion for Order Concerning Stay of Transfer or Removal. Respondent does not have any immediate plans to transfer or remove Petitioner, while his removal proceedings are pending. See Dkt. 17. Additionally, 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 Commn, 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."). This Court also lacks jurisdiction to stay orders of removal. See Fulton v. Mayorkas, No. 25-CV-63 (JLS), 2025 WL 296051, at *5 (W.D.N.Y. Jan. 24, 2025) ("Section 1252(g) does foreclose this Court from granting... a stay of removal...."); see also De Oliveira Jimenez v. Searls, No. 22-CV-960 (JLS), 2023 WL 11156340, at *3 (W.D.N.Y. Feb. 28, 2023) ("This Court concludes... that Section 1252 deprives district courts of jurisdiction to stay orders of removal."). Accordingly, the motion is DENIED. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 7/28/2025.(CJG)This was mailed to: Petitioner. (Entered: 07/28/2025)

Jul 28, 2025

Clerk mailed a copy of 21 Text Order to Petitioner (CGJ)

#23

Aug 06, 2025

Mail Returned as Undeliverable: 12 Text Order, sent to Carmenelisa Perez-Kudzma. (KLH) (Entered: 08/06/2025)

#24

Sep 29, 2025

TEXT ORDER. The parties shall file a status report by 10/10/2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 9/29/2025. (KEF)This was mailed to: Petitioner. (Entered: 09/29/2025)

#25

Sep 29, 2025

STATUS REPORT by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem. (Muller, Marvin) (Entered: 09/29/2025)

#26

Nov 24, 2025

TEXT ORDER. The parties shall file a status report by 12/1/2025. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 11/24/2025. (MFE). This was mailed to: Petitioner. (Entered: 11/24/2025)

#27

Dec 01, 2025

NOTICE by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem re 26 Text Order (Muller, Marvin) (Entered: 12/01/2025)

#28

Dec 01, 2025

CERTIFICATE OF SERVICE by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem re 27 Notice (Other) (Muller, Marvin) (Entered: 12/01/2025)

#29

Dec 02, 2025

TEXT ORDER. Upon an order from an immigration judge, Petitioner has been released from the administrative custody of the Department of Homeland Security, Immigration and Customs Enforcement (ICE) and removed from the United States. See Dkt. 27 . Because the relief that Petitioner sought was to be formally processed and to be released while his case was pending, Dkt. 1 at 7, Petitioner's habeas petition became moot upon his release from custody and departure from the United States. Petitioner no longer is subject to the conditions that caused his alleged deprivation, and, as a result, this Court lacks subject matter jurisdiction to further examine the merits of the petition. See Harvey v. Holder, 63 F. Supp. 3d 318, 320-21 (W.D.N.Y. 2014). This action is dismissed as moot. The Clerk of Court shall close this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 12/2/2025. (MFE).This was mailed to Petitioner at his address of record on 12/2/2025. Clerk to Follow up (Entered: 12/02/2025)

#30

Dec 03, 2025

JUDGMENT in favor of Kristi Noem, Michael Krol, Patricia Hyde, Todd Lyons against Gilmer Anibal Orellana. Signed by Clerk of Court, Mary C. Loewenguth on 12/03/2025. (JLH) This was mailed to: Petitioner. (Entered: 12/03/2025)

#31

Dec 09, 2025

Mail Returned as Undeliverable: 26 Text Order sent to Gilmer Anibal Orellana. (KLH) (Entered: 12/09/2025)

#32

Dec 16, 2025

Mail Returned as Undeliverable. 30 Judgment sent to Gilmer Anibal Orellana (CGJ) (Entered: 12/16/2025)

#33

Jan 05, 2026

Mail Returned as Undeliverable: 29 Text Order sent to Gilmer Anibal Orellana. (KLH) (Entered: 01/05/2026)