Cortes Almazo v. Decker et al
| Jorge Cortes and Jorge Cortes Almazo |
| Attorney General Jefferson B. Sessions, Director Thomas R. Decker, Secretary Kirstjen Nielsen, Thomas Decker, Jefferson B. Sessions, III and Kirstjen Nielsen |
| 1:2018cv09941 |
| October 29, 2018 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:18-cv-16123, filed on 11/14/2018. (sjo) |
Filing 17
OPINION AND ORDER: Accordingly, the Court grants respondents' motion to transfer this petition. See 28 U.S.C. 1406(a). The Clerk of the Court is respectfully directed to terminate the motion pending at docket entry 10 and to transfer this case to the United States District Court for the District of New Jersey. Local Civil Rule 83.1 provides that "[i]n a case ordered transferred from this District, the Clerk, unless otherwise ordered, shall upon the expiration of seven (7) days effectuate the transfer of the case to the transferee court. In light of the significant liberty interests at stake and the time-sensitive nature of Cortes' claims, the Court waives the seven-day period and directs the Clerk to effectuate this transfer as soon as possible. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/13/2018) (jca) Transmission to Office of the Clerk of Court for processing.
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey (jwh) |
| Filing 16 RESPONSE in Opposition to Motion re: #10 MOTION to Dismiss for lack of venue or, in the alternative,. MOTION to Transfer Case to the District of New Jersey. . Document filed by Jorge Cortes Almazo. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lauterback, Molly) |
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Filing 15
ORDER with respect to #10 Motion to Dismiss; with respect to #10 Motion to Transfer Case. The Court denies petitioner's request to compel full merits briefing while respondents' motion to dismiss or transfer is pending. However, in light of the liberty interests implicated by Cortes Almazo's petition, the Court hereby orders petitioner to file any opposition to respondents' motion to dismiss or transfer by Friday, November 9, at 12:00 p.m. The court does not invite a reply memorandum from respondents. In the event the Court denies respondents' motion, respondents are directed to file an answer within 48 hours of the Court's order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/7/2018) (anc)
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| Set/Reset Deadlines: Responses due by 11/9/2018. (anc) |
| Filing 14 LETTER addressed to Judge Paul A. Engelmayer from AUSA Michael J. Byars dated November 6, 2018 re: November 6, 2018 letter from petitioner's counsel (ECF 13). Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III.(Byars, Michael) |
| Filing 13 LETTER addressed to Judge Paul A. Engelmayer from Andrea Saenz, Esq. dated 11/6/2018 re: Requesting Clarification of Scheduling Order. Document filed by Jorge Cortes Almazo.(Jones, Zoey) |
| Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss for lack of venue or, in the alternative,. MOTION to Transfer Case to the District of New Jersey. . Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: #1 Exhibit A -Transcript in Alsomairi v. Dawson, No. 18 Civ. 7000 (PGG), #2 Exhibit B - Transcript in Gomez v. Decker, No. 18 Civ. 4009 (KPF), #3 Exhibit C - Transcript in Pastor v. Sessions, No. 18 Civ. 6941 (CM), #4 Exhibit D - Transcript in Suraiya v. Cioppa, No. 18 Civ. 6628 (JMF))(Byars, Michael) |
| Filing 11 DECLARATION of Deportation Officer Yonathan Y. Martinez in Support re: #10 MOTION to Dismiss for lack of venue or, in the alternative,. MOTION to Transfer Case to the District of New Jersey.. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Byars, Michael) |
| Filing 10 MOTION to Dismiss for lack of venue or, in the alternative,., MOTION to Transfer Case to the District of New Jersey. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III.(Byars, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Byars, Michael) |
| Filing 8 CERTIFICATE OF SERVICE of Order to Show Cause served on Respondents on 10/31/2018. Service was made by Mail. Document filed by Jorge Cortes Almazo. (Lauterback, Molly) |
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Filing 7
ORDER: Accordingly, it is hereby ORDERED, pursuant to 28 U.S.C. 2243, that by November 7, 2018, Respondents file a response showing cause, if any, why the writ of habeas corpus should not be granted. Petitioner shall have until November 14, 2018, to file a reply. In light of the liberty interests at stake, counsel should not expect any extension of these deadlines. It is further ORDERED that Petitioner shall serve a copy of this Order on Respondents by November 2, 2018. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/31/2018) (anc)
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| Filing 6 CERTIFICATE OF SERVICE of Petition for Writ of Habeas Corpus served on Respondents on 10/29/2018. Service was made by Mail. Document filed by Jorge Cortes Almazo. (Lauterback, Molly) |
| Filing 5 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Zoey Theo Jones on behalf of Jorge Cortes Almazo (Jones, Zoey) |
| Filing 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jorge Cortes Almazo. (Attachments: #1 Exhibit A - Notice to Appear and Custody Determination, #2 Exhibit B - 1999 Certificate of Disposition)(Saenz, Andrea) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Andrea A Saenz to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; party name has been modified. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrea A Saenz. The party information for the following party/parties has been modified: Jorge Cortes Almazo; Thomas Decker; Kirstjen Nielsen; Jefferson B. Sessions III. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrea A Saenz. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee); County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General)); the County code has been modified to New York. (sj) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. 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: #http://nysd.uscourts.gov/forms.php. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Molly Lauterback on behalf of Jorge Cortes (Lauterback, Molly) |
| Filing 2 CIVIL COVER SHEET filed. (Saenz, Andrea) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-15823334)Document filed by Jorge Cortes. (Attachments: #1 Exhibit A - Notice to Appear and Custody Determination, #2 Exhibit B - 1999 Certificate of Disposition)(Saenz, Andrea) Modified on 10/30/2018 (sj). |
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