Completed
Case Information
Filed: September 04, 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
Completed: September 30, 2026
Last Activity:
October 05, 2026
Parties:
View All Parties →
Docket Entries
#1
Sep 04, 2025
COMPLAINT against Pam Bondi, Department of Homeland Security, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer, filed by Owen Simms. (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(DMK) (Entered: 09/04/2025)
Main Document:
COMPLAINT
#2
Sep 04, 2025
MOTION to Appoint Counsel by Owen Simms. (DMK) (Entered: 09/04/2025)
Main Document:
MOTION
Sep 04, 2025
Filing fee received: $ 5.00, receipt number 600001465. (DMK)
Sep 04, 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. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to petitioner. (DMK)
#3
Oct 03, 2025
ORDER that within 45 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition as well as memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act. Within 45 days of the date of this Order, instead of an answer, Respondents may file a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary. The petitioner shall have 25 days after service of the answer or motion to dismiss to file a written response. The Clerk electronically sent a copy of this Order and a copy of the Petition to the United States Attorney's Office, Western District of New York at USANYW- ImmigrationHabeas@usdoj.gov. Signed by Hon. Meredith A. Vacca on 10/3/2025. (Attachments: # 1 Petition)(DMK)This was mailed to: Owen Simms. (Entered: 10/06/2025)
#4
Oct 14, 2025
Letter filed by Pam Bondi, Department of Homeland Security, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer . (Muller, Marvin) (Entered: 10/14/2025)
Main Document:
Letter
#5
Nov 03, 2025
NOTICE of Change of Address by Owen Simms. Clerk updated address. (DMK) (Entered: 11/04/2025)
Main Document:
NOTICE
#6
Nov 05, 2025
NOTICE of Appearance by Marvin J. Muller, III on behalf of Pam Bondi, Department of Homeland Security, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer (Muller, Marvin) (Entered: 11/05/2025)
Main Document:
NOTICE
#7
Nov 10, 2025
First MOTION to Dismiss by Pam Bondi, Department of Homeland Security, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer. Responses due by 11/24/2025. (Attachments: # 1 Memorandum in Support)(Muller, Marvin) (Entered: 11/10/2025)
Main Document:
First
#8
Nov 13, 2025
TEXT ORDER. Respondents are directed to file a certificate of service re 7 First MOTION to Dismiss. SO ORDERED. Signed by Hon. Meredith A. Vacca on 11/13/2025. (MVP) (Entered: 11/13/2025)
#9
Nov 13, 2025
CERTIFICATE OF SERVICE by Pam Bondi, Department of Homeland Security, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer re 8 Text Order, 7 First MOTION to Dismiss (Muller, Marvin) (Entered: 11/13/2025)
Main Document:
CERTIFICATE
#10
Apr 29, 2026
NOTICE of Substitution of Government Attorney: Adam A. Khalil, appearing on behalf of Pam Bondi, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer, U.S. Department of Homeland Security, is substituted in place of Marvin J Muller. CLERK TO FOLLOW UP. (Khalil, Adam) (Entered: 04/29/2026)
#11
May 14, 2026
ORDER denying 7 Motion to Dismiss. Respondents shall file a return to the petition within fourteen (14) days of the date of this order. Petitioner may file a reply within seven (7) days of receiving the response. The Court reserves decision on Petitioner's motion for appointment of counsel (ECF No. 2) until after it reviews the parties' subsequently filed papers. Signed by Hon. Meredith A. Vacca on 5/14/2026. (DMK)This Order was mailed to: Owen Simms. (Entered: 05/14/2026)
Main Document:
ORDER
#12
May 28, 2026
ANSWER to 1 Complaint by Pam Bondi, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer, U.S. Department of Homeland Security. (Attachments: # 1 Declaration of DO Vanessa Palma, # 2 Exhibit A to Palma Dec., # 3 Memorandum in Opposition)(Khalil, Adam) (Entered: 05/28/2026)
Main Document:
ANSWER
#13
May 29, 2026
CERTIFICATE OF SERVICE by Pam Bondi, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer, U.S. Department of Homeland Security re 12 Answer to Complaint, (Khalil, Adam) (Entered: 05/29/2026)
Main Document:
CERTIFICATE
#14
Jun 09, 2026
REPLY/RESPONSE to re 11 Order on Motion to Dismiss, filed by Owen Simms. (Attachments: # 1 Envelope)(DMK) (Entered: 06/09/2026)
Main Document:
REPLY/RESPONSE
#15
Jul 16, 2026
REPLY/RESPONSE to re 11 Order on Motion to Dismiss, filed by Owen Simms. (Attachments: # 1 Envelope)(DMK) (Entered: 07/16/2026)
Main Document:
REPLY/RESPONSE
#16
Sep 29, 2026
DECISION AND ORDER re 2 Motion to Appoint Counsel. For the reasons explained in the Decision and Order, Petitioner's motion for the appointment of counsel, ECF No. 2, is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Hon. Meredith A. Vacca on 09/29/2026. (EPD)This was mailed to: Petitioner. (Entered: 09/29/2026)
Main Document:
DECISION AND ORDER re 2 Motion to Appoint Counsel. For the reasons explained in the Decision and Order, Petitioner's motion for the appointment of counsel, ECF No. 2, is DENIED WITHOUT PREJUDICE. SO ORDERED. Signed by Hon. Meredith A. Vacca on 09/29/2026. (EPD)This was mailed to: Petitioner.
#17
Sep 30, 2026
DECISION AND ORDER granting Petition. ECF No. 1. Respondents shall release Petitioner from custody on appropriate conditions of supervision within 48 hours of the date of this Decision and Order. Respondents shall file a status report on or before October 7, 2026, certifying compliance with this Decision and Order.The Clerk of Court shall mail a copy of this Decision and Order to Petitioner and close this case. Signed by Hon. Meredith A. Vacca on 9/30/26. (NWA)This was mailed to: Petitioner.Clerk to Follow up (Entered: 09/30/2026)
Main Document:
DECISION AND ORDER granting Petition. ECF No. 1. Respondents shall release Petitioner from custody on appropriate conditions of supervision within 48 hours of the date of this Decision and Order. Respondents shall file a status report on or before Oc tober 7, 2026, certifying compliance with this Decision and Order.The Clerk of Court shall mail a copy of this Decision and Order to Petitioner and close this case. Signed by Hon. Meredith A. Vacca on 9/30/26. (NWA)This was mailed to: Petitioner.C
#18
Sep 30, 2026
JUDGMENT in favor of Owen Simms against Facility Director of The Buffalo Federal Detention Facility in Batavia, U.S. Department of Homeland Security, Pam Bondi, S Kurzdorfer. Signed by Andrew W. Moeller, Clerk of Court on 9/30/2026. (DMK)This was mailed to: Owen Simms. (Entered: 09/30/2026)
#19
Oct 01, 2026
Letter filed by Pam Bondi, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer, U.S. Department of Homeland Security re release. (Khalil, Adam) (Entered: 10/01/2026)
Main Document:
Letter
#20
Oct 05, 2026
CERTIFICATE OF SERVICE by Pam Bondi, Facility Director of The Buffalo Federal Detention Facility in Batavia, S Kurzdorfer, U.S. Department of Homeland Security re 19 Letter (Khalil, Adam) (Entered: 10/05/2026)
Main Document:
CERTIFICATE
Parties
Party
Party
Party
Attorney
Attorney
Attorney
Firm