Kelly v. Almodovar et al
| New York Southern District Court | |
| Judge: | Analisa Torres |
| Case #: | 1:25-cv-06448 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:2241in Habeas Corpus: INS |
| Case Filed: | Aug 06, 2025 |
| Terminated: | Aug 18, 2025 |
| Last checked: Saturday Sep 20, 2025 1:56 PM EDT |
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Petitioner
Rickardo Anthony Kelly
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Represented By
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Respondent
Judith Almodovar
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Represented By
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Respondent
Pamela Bondi
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Represented By
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Respondent
Department of Homeland Security
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Represented By
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Respondent
Todd M. Lyons
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Represented By
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Respondent
Kristi Noem
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Represented By
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| Docket last updated: 09/30/2025 11:59 PM EDT |
| Friday, August 22, 2025 | ||
| 27 | 27
misc
Letter
Fri 08/22 6:22 PM
LETTER addressed to Judge Analisa Torres from Mary Ellen Brennan dated August 15, 2025 re: informing the Court that the government has complied with today's order (REDACTED). Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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| 26 | 26
1
pgs
order
Order on Motion to Seal
Fri 08/22 2:56 PM
ORDER granting25 Letter Motion to Seal. GRANTED. The Clerk of Court is respectfully directed to permanently seal the filing at ECF No. 23, to be accessed only by the parties in this matter. SO ORDERED. (Signed by Judge Analisa Torres on 8/21/25) (yv) |
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| Thursday, August 21, 2025 | ||
| 25 | 25
motion
Seal
Thu 08/21 9:00 AM
LETTER MOTION to Seal Respondents letter informing the Court that the government had complied with the Courts 8/15/25 order (PACER 23) addressed to Judge Analisa Torres from Nicholas Folly dated August 21, 2025. Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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Att: 1
Exhibit Proposed Redacted Letter
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| Monday, August 18, 2025 | ||
| 24 | 24
order
Judgment - Clerk
Mon 08/18 10:52 AM
CLERK'S JUDGMENT re:22 Order. in favor of Rickardo Anthony Kelly against Department of Homeland Security, Judith Almodovar, Kristi Noem, Pamela Bondi, Todd M. Lyons. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated August 15, 2025, the Petition is GRANTED. Respondents are ORDERED to immediately release Kelly from custody. (Signed by Clerk of Court Tammi M Hellwig on 8/18/2025) (nd) |
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Att: 1
Notice of right to appeal
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| Friday, August 15, 2025 | ||
| 23 | 23
misc
Letter
Fri 08/15 10:23 PM
LETTER addressed to Judge Analisa Torres from Mary Ellen Brennan dated August 15, 2025 re: informing the Court that the government has complied with today's order. Document filed by Judith Almodovar, Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem..(Brennan, Mary) |
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| 22 | 22
8
pgs
order
Order
Fri 08/15 3:46 PM
ORDER: For the reasons stated above, the Petition, ECF No. 1, is GRANTED. Respondents are ORDERED to immediately release Kelly from custody. By August 15, 2025, Respondents shall certify compliance with this Order by a filing on the docket. SO ORDERED. (Signed by Judge Analisa Torres on 8/15/2025) (vfr) |
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| Wednesday, August 13, 2025 | ||
| 21 | 21
order
Order on Motion to Appear Pro Hac Vice
Wed 08/13 9:34 AM
ORDER granting17 Motion for Peter F. G. Schuur to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order)(ts) |
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| Tuesday, August 12, 2025 | ||
| 20 | 20
misc
Letter
Tue 08/12 9:45 PM
LETTER addressed to Judge Analisa Torres from Mary Ellen Brennan dated August 12, 2025 re: correcting the record and updating the Court regarding Petitioner's current location. Document filed by Judith Almodovar, Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem..(Brennan, Mary) |
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| 19 | 19
respoth
Declaration (non-motion)
Tue 08/12 9:36 PM
DECLARATION of William D. Morrow (supplementing declaration of August 11, 2025) . Document filed by Judith Almodovar, Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem..(Brennan, Mary) |
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| 18 | 18
respoth
Reply (non-motion)
Tue 08/12 1:45 PM
REPLY re:16 Response / Letter Reply to the Government's Response . Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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| 17 | 17
motion
Appear Pro Hac Vice
Tue 08/12 1:05 PM
MOTION for Peter F.G. Schuur to Appear Pro Hac Vice on behalf of Rickardo Anthony Kelly . Filing fee $ 200.00, receipt number ANYSDC-31521315. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rickardo Anthony Kelly..(Schuur, Peter) |
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Att: 1
Affidavit / Declaration of Peter F.G. Schuur in Support of Motion to Appear Pro Hac Vice,
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Att: 2
Exhibit Certificate of Good Standing,
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Att: 3
Proposed Order Granting Admission Pro Hac Vice
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misc
Notice Regarding Pro Hac Vice Motion
Tue 08/12 2:36 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Peter F.G. Schuur to Appear Pro Hac Vice on behalf of Rickardo Anthony Kelly. Filing fee $ 200.00, receipt number ANYSDC-31521315. Motion and supporting papers to be reviewed by Clerk's Office staff.<. The document has been reviewed and there are no deficiencies. (rju) |
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| Monday, August 11, 2025 | ||
| 16 | 16
respoth
Response (non-motion)
Mon 08/11 11:59 PM
RESPONSE re:1 Petition for Writ of Habeas Corpus . Document filed by Judith Almodovar, Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem..(Brennan, Mary) |
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| 15 | 15
respoth
Declaration (non-motion)
Mon 08/11 11:56 PM
DECLARATION of William D. Morrow . Document filed by Judith Almodovar, Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem..(Brennan, Mary) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D
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| Saturday, August 09, 2025 | ||
| 14 | 14
misc
Letter
Sat 08/09 7:09 PM
LETTER addressed to Judge Analisa Torres from Nicholas Folly dated August 9, 2025 re: Conditions of Detention. Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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Att: 1
Exhibit A Letter from Counsel to the Government, Dated August 7, 2025.
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| Thursday, August 07, 2025 | ||
| 13 | 13
notice
Notice of Appearance
Thu 08/07 5:40 PM
NOTICE OF APPEARANCE by Gabriel Asher Siegel on behalf of Rickardo Anthony Kelly..(Siegel, Gabriel) |
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| 12 | 12
notice
Notice of Appearance
Thu 08/07 5:37 PM
NOTICE OF APPEARANCE by Kathryn T. Mueller on behalf of Rickardo Anthony Kelly..(Mueller, Kathryn) |
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| 11 | 11
notice
Notice of Appearance
Thu 08/07 5:35 PM
NOTICE OF APPEARANCE by Beatrice A. Walton on behalf of Rickardo Anthony Kelly..(Walton, Beatrice) |
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| 10 | 10
service
Affidavit of Service Other
Thu 08/07 4:33 PM
AFFIDAVIT OF SERVICE of Petition for Writ of Habeas Corpus; Civil Cover Sheet; Proposed Order to Show Cause with Temporary Restraining Order; Declaration of Peter F.G. Schuur in Support, Memorandum of Law in Support of Proposed Order to Show Cause; signed Order to Show Case and Administrative Stay Order served on Judith Almodovar; Todd M. Lyons; Kristi Noem; Pamela Bondi; U.S. Department of Homeland Security on 08/06/2025. Service was made by Certified Mail, return receipt requested. Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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| 9 | 9
2
pgs
order
Order on Motion for Extension of Time
Thu 08/07 11:45 AM
ORDER granting in part8 Letter Motion for Extension of Time. GRANTED IN PART. By August 11, 2025, Respondents shall file their response to the petition. SO ORDERED. (Signed by Judge Analisa Torres on 8/7/2025) (ar) |
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notice
Notice of Case Assignment/Reassignment
Thu 08/07 8:56 AM
NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge John P. Cronan is no longer assigned to the case. (tro) |
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utility
Set/Reset Deadlines
Thu 08/07 11:47 AM
Set/Reset Deadlines: Judith Almodovar answer due 8/11/2025; Pamela Bondi answer due 8/11/2025; Department of Homeland Security answer due 8/11/2025; Todd M. Lyons answer due 8/11/2025; Kristi Noem answer due 8/11/2025. (ar) |
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| Wednesday, August 06, 2025 | ||
| 8 | 8
motion
Extension of Time
Wed 08/06 11:52 PM
LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Mary Ellen Brennan dated August 6, 2025. Document filed by Judith Almodovar, Pamela Bondi, Department of Homeland Security, Todd M. Lyons, Kristi Noem..(Brennan, Mary) |
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| 7 | 7
1
pgs
order
Order to Show Cause
Wed 08/06 4:56 PM
ORDER TO SHOW CAUSE: 1. By August 6, 2025, Petitioner shall cause a copy of this Order, the Court's prior order administratively staying Petitioner's transfer or removal, and Petitioner's application for relief (including Petitioner's memorandum of law and other supporting materials) to be served on Respondents; 2. By August 7, 2025, Petitioner shall file proof of service on the docket; and 3. By August 9, 2025, Respondents are ORDERED to show cause why the writ should not be granted. SO ORDERED. (Signed by Judge Analisa Torres on 8/6/2025) (vfr) |
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| 6 | 6
1
pgs
order
Order
Wed 08/06 4:21 PM
ORDER: The undersigned, acting as the Part I duty judge, ORDERS as follows: Petitioner's transfer or removal to any location outside the geographic operation of Immigration and Custom Enforcement's New York field office is ADMINISTRATIVELY STAYED pending further order of the Court. SO ORDERED. (Signed by Part I Judge Analisa Torres on 8/6/2025) (vfr) |
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| 5 | 5
respoth
Memorandum of Law in Support (non-motion)
Wed 08/06 5:01 AM
MEMORANDUM OF LAW in Support re:3 Proposed Order to Show Cause With Emergency Relief / Memorandum of Law in Support of Order to Show Cause With a Temporary Restraining Order . Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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| 4 | 4
respoth
Declaration in Support (non-motion)
Wed 08/06 4:53 AM
DECLARATION of Peter F.G. Schuur in Support re:1 Petition for Writ of Habeas Corpus,3 Proposed Order to Show Cause With Emergency Relief. Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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| 3 | 3
misc
Proposed Order to Show Cause With Emergency Relief
Wed 08/06 4:43 AM
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Rickardo Anthony Kelly. Related Document Number:1 ..(Folly, Nicholas) |
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| 2 | 2
misc
Civil Cover Sheet
Wed 08/06 4:26 AM
CIVIL COVER SHEET filed..(Folly, Nicholas) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 08/06 4:05 AM
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31489208)Document filed by Rickardo Anthony Kelly..(Folly, Nicholas) |
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notice
Case Opening Initial Assignment Notice
Wed 08/06 8:43 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(pc) |
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utility
Case Designation
Wed 08/06 8:44 AM
Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (pc) |
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utility
Case Designated ECF
Wed 08/06 8:44 AM
Case Designated ECF. (pc) |
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misc
Notice to Court Regarding Proposed Order
Wed 08/06 10:26 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 3 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km) |
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