Western District of New York • 1:25-cv-00589

Kushnir v. Freden

Terminated

Case Information

Filed: July 07, 2025
Assigned to: Meredith A. Vacca
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: January 08, 2026
Last Activity: December 12, 2025
Parties: View All Parties →

Docket Entries

#1
Jul 07, 2025
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANYWDC-5524120.), filed by Sergey Kushnir. (Attachments: # 1 Exhibit Exhibit A, # 2 Civil Cover Sheet)(Borowski, Matthew) (Entered: 07/07/2025)
Main Document: PETITION
Jul 08, 2025
Case Assigned to Hon. Meredith A. Vacca. Notification to Chambers of on-line civil case opening. (JLH)
Jul 08, 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. (JLH)
Jul 08, 2025
Case Assigned/Reassigned
Jul 08, 2025
Notice of Availability of Magistrate Judge
#2
Jul 10, 2025
NOTICE of Appearance by Adam A. Khalil on behalf of Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 07/10/2025)
Main Document: NOTICE
#3
Jul 10, 2025
ORDER that within 45 days of the date of this order, Respondent 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. Meredith A. Vacca on 7/10/2025. (Attachments: # 1 petition)(DDS) (Entered: 07/10/2025)
Main Document: ORDER
Attachment 1: petition
#4
Aug 25, 2025
MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Attachments: # 1 Declaration of Nicholas Truax, # 2 Exhibit A to Truax Dec., # 3 Memorandum in Support)(Khalil, Adam) (Entered: 08/25/2025)
Main Document: MOTION
#5
Aug 26, 2025
TEXT SCHEDULING ORDER re 4 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kristi Noem, Steven Kurzdorfer, Todd Lyons, Joseph Freden. Responses are due by 9/25/25 and replies, if preserved, are due no later than 15 days after the filing of the opposition. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will issue a separate order scheduling oral argument. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Meredith A. Vacca on 8/26/2025. (KSP) (Entered: 08/26/2025)
#6
Sep 25, 2025
REPLY/RESPONSE to re 4 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sergey Kushnir. (Borowski, Matthew) (Entered: 09/25/2025)
Main Document: REPLY/RESPONSE
#7
Sep 26, 2025
REPLY/RESPONSE to re 6 Reply/Response filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem. (Khalil, Adam) (Entered: 09/26/2025)
Main Document: REPLY/RESPONSE
#8
Sep 29, 2025
REPLY/RESPONSE to re 7 Reply/Response filed by Sergey Kushnir. (Borowski, Matthew) (Entered: 09/29/2025)
Main Document: REPLY/RESPONSE
#9
Oct 30, 2025
Letter filed by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem re upcoming removal plans. (Khalil, Adam) (Entered: 10/30/2025)
Main Document: Letter
#10
Dec 10, 2025
NOTICE of Voluntary Dismissal by Joseph Freden, Steven Kurzdorfer, Todd Lyons, Kristi Noem (Khalil, Adam) (Entered: 12/10/2025)
Main Document: NOTICE
#11
Dec 12, 2025
TEXT ORDER DIRECTING CLERK OF COURT TO CLOSE THIS ACTION re 10 Notice of Voluntary Dismissal. See Gambale v. Deutsche Bank AG, 377 F.3d 133, 139 (2d Cir. 2004) ("Generally... a plaintiff's filing in the district court of a stipulation of dismissal signed by all parties pursuant to Rule 41(a)(1)(ii) divests the court of its jurisdiction over a case, irrespective of whether the district court approves the stipulation."). SO ORDERED. Signed by Hon. Meredith A. Vacca on 12/12/2025. (MVP)Clerk to Follow up (Entered: 12/12/2025)