LIZAMA GUTIERREZ v. Hott
| RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes, Victor Quintanilla Gallegos and Rafael Escobar Garcia |
| Russell Hott, Chad F Wolf, Matthew T Albence, David H Wetmore, James McHenry, William P Barr, Jeffrey Crawford, U.S. Immagration and Customs Enforcement and Board of Immigration Appeals |
| 1:2020cv00712 |
| June 24, 2020 |
| US District Court for the Eastern District of Virginia |
| Leonie M Brinkema |
| Ivan D Davis |
| Habeas Corpus (General) |
| None |
Docket Report
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This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE by Matthew T Albence, William P Barr, Board of Immigration Appeals, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf re #34 Order,, of Bond Hearings for Petitioners (Fuchs, Yuri) |
| Filing 36 AFFIDAVIT of Service for Complaint and Summons , filed by Victor Quintanilla Gallegos, Rafael Escobar Garcia, RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes. (Attachments: #1 Exhibit A)(Appelbaum, Adina) |
| Filing 35 Response to #6 Amended Complaint,, #29 Order on Motion for Extension of Time to Answer, filed by Jeffrey Crawford. (Erbach, John) |
Filing 34
ORDERED that Petitioner's Corrected Petition for Writ of Habeas Corpus and Mandamus #6 is GRANTED IN PART as to the request for a bond hearing and denied in all other respects; that respondents-defendants provide petitioners with individualized bond hearingswithin thirty (30) days at which the government must show by clear and convincing evidence thatpetitioners' continued detention is justified by petitioners posing a risk of non-appearance or danger to the community. Signed by District Judge Leonie M. Brinkema on 07/27/2020. (choy, )
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| Filing 33 MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 07/27/2020. (choy, ) |
| Filing 32 NOTICE by Matthew T Albence, William P Barr, Board of Immigration Appeals, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf of Petitioner Quintanilla Gallegos' Criminal History (Attachments: #1 Exhibit)(Fuchs, Yuri) |
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Filing 31
ORDERED that should petitioners-plaintiffs wish to proceed on Counts VI through VI, they must file a standalone civil action containing those counts list Toure as a related case. Signed by District Judge Leonie M. Brinkema on 07/16/2020. (choy, )(Copies sent to counsel of record on 07/16/2020)
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| Filing 30 NOTICE by Victor Quintanilla Gallegos, Rafael Escobar Garcia, RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes re #6 Amended Complaint,, (Appelbaum, Adina) |
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Filing 29
ORDER Granting #28 Respondent-Defendant Jeffrey Crawford's Consent Motion for Extension of Time; shall file his response to the Complaint on or before 21 days after the Court rules on and enters an order regarding the habeas corpus portion of the Complaint and Respondents-Defendants' Motion to Sever and Transfer #17 . Signed by District Judge Leonie M. Brinkema on 07/15/2020. (choy, )
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| Filing 28 Consent MOTION for Extension of Time to File Answer re #6 Amended Complaint,, by Jeffrey Crawford. (Attachments: #1 Proposed Order)(Turner, Patricia) |
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Filing 27
ORDER: For the reasons stated during an on-the-record telephone conference with counsel for all parties present, respondents-defendants' Motion to Sever and Transfer [Dkt. No. 17] is GRANTED, and it is hereby ORDERED that Claims IV, V, and VI be and are SEVERED and REASSIGNED to the Honorable Liam O'Grady, except as to petitioner-plaintiff Rafael Escobar Garcia, who is DISMISSED from this action; and it is further ORDERED that Claims II and III be and are DISMISSED AS MOOT. This action will continue before the undersigned judge only as to Claim I, which was brought by petitioners Rodrigo Lizama Gutierrez and Victor Quintanilla Gallegos.(see order for details). Signed by District Judge Leonie M. Brinkema on 7/14/20. (yguy)
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| Filing 26 Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Motion Hearing held via TELECONFERENCE on 7/14/2020. Appearances of counsel. Court advised of case status. Resp #17 MOTION to Sever is argued and GRANTED. (see order for details) (Court Reporter A. Thomson.)(yguy) |
| Filing 25 NOTICE by Victor Quintanilla Gallegos, Rafael Escobar Garcia, RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes re #20 Reply,, of Additional Exhibits (Attachments: #1 Exhibit Greifinger CV, #2 Exhibit Gupta CV)(Donovan, Kristin) |
| Filing 24 NOTICE of Appearance by Patricia Bugg Turner on behalf of Jeffrey Crawford (Turner, Patricia) |
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Filing 23
ORDERED that an on-the-record telephonic hearing will take place on Tuesday, July 14, 2020 at 3:00 pm. To join the tele-conference, the parties should dial 1-877-336-1829 and use the access code 8896301. To minimize background noise and ensure that all callers but the speakers are muted, each party should call the court before close of business Monday, July 13,2020 at 703-299-2116 and provide the name of the one attorney who will speak on behalf of that party and the phone number from which that attorney will be calling. If at all possible, the attorneys who will be speaking during the tele-conference should dial in using landline telephones. Signed by District Judge Leonie M. Brinkema on 07/13/2020. (choy, ) (Copies sent to counsel of record on 07/13/2020)
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Filing 22
ORDERED, ADJUDGED, AND DECREED that the Plaintiffs' Consent Motion for Leave to File an Additional Ten Pages in Plaintiffs' Reply to Defendants' Responseto Plaintiffs' Corrected Amended Petition for Writ of Habeas Corpus and Mandamus and Complaint for Injunctive and Declaratory Relief is GRANTED. Signed by District Judge Leonie M. Brinkema on 07/13/2020. (choy, )
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| Filing 21 RESPONSE in Opposition re #17 MOTION to Sever filed by Victor Quintanilla Gallegos, Rafael Escobar Garcia, RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes. (Appelbaum, Adina) |
| Filing 20 Reply to #13 Response, #16 Response, in Support of Corrected Petition for Writ of Habeas Corpus and Mandamus and Complaint for Injunctive and Declaratory Relief filed by Victor Quintanilla Gallegos, Rafael Escobar Garcia, RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes. (Attachments: #1 Exhibit Warmeling Dec., #2 Exhibit Quintanilla Gallegos Dec., #3 Exhibit Palomares Reyes Dec., #4 Exhibit Escobar Garcia Dec., #5 Exhibit Toure Dec., #6 Exhibit Bolanos Hernandez Dec., #7 Exhibit Perez Garcia Dec., #8 Exhibit Rivera Rodriguez Dec., #9 Exhibit Greifinger Dec., #10 Exhibit Gupta Dec., #11 Exhibit Quintanilla Gallegos Post Release Plan)(Appelbaum, Adina) |
| Set Hearings: Motion Hearing set for 7/14/2020 at 03:00 PM via Tele-Conference before District Judge Leonie M. Brinkema. (choy, ) |
| Set Deadlines as to #17 MOTION to Sever . Motion Hearing set for 7/14/2020 at 03:00 PM via teleconference before District Judge Leonie M. Brinkema. (clar, ) |
| Filing 19 Notice of Hearing Date Joint - Expedited set for 7/15/2020 re #1 Petition for Writ of Habeas Corpus (2241), #6 Amended Complaint,, #4 Order, #17 MOTION to Sever , #13 Response, #16 Response, (Appelbaum, Adina) |
| Filing 18 Consent MOTION for Leave to File Excess Pages OF AN ADDITIONAL TEN PAGES IN PLAINTIFFS REPLY TO DEFENDANTS RESPONSE TO PLAINTIFFS CORRECTED AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND MANDAMUS AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF by Victor Quintanilla Gallegos, Rafael Escobar Garcia, RODRIGO LIZAMA GUTIERREZ, Enrique Palomares Reyes. (Attachments: #1 Proposed Order)(Appelbaum, Adina) |
| Filing 17 MOTION to Sever by Matthew T Albence, William P Barr, Board of Immigration Appeals, Jeffrey Crawford, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf. (Attachments: #1 Memorandum)(Fuchs, Yuri) |
| Filing 16 Response to #6 Amended Complaint,, #4 Order, filed by Matthew T Albence, William P Barr, Board of Immigration Appeals, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf. (Attachments: #1 Exhibit, #2 Exhibit)(Fuchs, Yuri) |
| Filing 15 NOTICE of Appearance by John Michael Erbach on behalf of Jeffrey Crawford (Erbach, John) |
| Filing 14 NOTICE of Appearance by Kasey Leigh Hoare on behalf of Jeffrey Crawford (Hoare, Kasey) |
| Filing 13 Response to #6 Amended Complaint,, #4 Order, filed by Jeffrey Crawford. (Attachments: #1 Crawford Declaration, #2 Moore Declaration)(Erbach, John) |
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Filing 12
ORDER Granting #8 Motion for Pro hac vice for Amber Qureshi. Signed by District Judge Leonie M. Brinkema on 06/30/2020. (choy, )
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Filing 11
ORDER Granting #7 Motion for Pro hac vice for Sirine Shebaya. Signed by District Judge Leonie M. Brinkema on 06/30/2020. (choy, )
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| Filing 10 NOTICE of Appearance by Kristin Fisher Donovan on behalf of RODRIGO LIZAMA GUTIERREZ (Donovan, Kristin) |
| Filing 9 NOTICE of Appearance by Granville Clayton Warner on behalf of RODRIGO LIZAMA GUTIERREZ (Warner, Granville) |
| Filing 8 Motion to appear Pro Hac Vice by Amber Qureshi and Certification of Local Counsel Adina Appelbaum Filing fee $ 75, receipt number 0422-7272631. by RODRIGO LIZAMA GUTIERREZ. (Appelbaum, Adina) |
| Filing 7 Motion to appear Pro Hac Vice by Sirine Shebaya and Certification of Local Counsel Adina Appelbaum Filing fee $ 75, receipt number 0422-7272630. by RODRIGO LIZAMA GUTIERREZ. (Appelbaum, Adina) |
| Filing 6 AMENDED COMPLAINT First - Corrected against Matthew T Albence, William P Barr, Board of Immigration Appeals, Jeffrey Crawford, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf, filed by RODRIGO LIZAMA GUTIERREZ, Victor Quintanilla Gallegos, Enrique Palomares Reyes, Rafael Escobar Garcia (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Proposed Order Granting Release, #11 Proposed Order Granting a Bond Hearing)(Appelbaum, Adina) Modified on 6/29/2020 to add filers (klau, ). |
| Filing 5 AMENDED COMPLAINT against Matthew T Albence, William P Barr, Board of Immigration Appeals, Jeffrey Crawford, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf, filed by RODRIGO LIZAMA GUTIERREZ. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Proposed Order Granting Release, #11 Proposed Order Granting a Bond Hearing)(Appelbaum, Adina) |
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Filing 4
ORDERED that respondents-defendants SHOW CAUSE within fourteen (14) days whyLizama Gutierrez's petition should not be granted and why the Court should not order the relief requested; that Lizama Gutierrez will have seven (7) days in which to file any reply brief. Signed by District Judge Leonie M. Brinkema on 06/25/2020. (choy, )(Copies sent to all counsel of record and Assist United States Attorneys Lauren Wetzler and Dennis Barghaan on 06/25/2020)
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| Filing 3 Summons Issued as to Matthew T Albence, William P Barr, Board of Immigration Appeals, Jeffrey Crawford, Russell Hott, James McHenry, U.S. Immagration and Customs Enforcement, David H Wetmore, Chad F Wolf, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(choy, ) |
| Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (choy, ) |
| Filing 2 Proposed Summons re #1 Petition for Writ of Habeas Corpus (2241), by RODRIGO LIZAMA GUTIERREZ. (Appelbaum, Adina) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0422-7265969.), filed by RODRIGO LIZAMA GUTIERREZ. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D, #5 Exhibit Ex. E, #6 Exhibit Ex. F, #7 Exhibit Ex. G, #8 Exhibit Ex. H, #9 Civil Cover Sheet, #10 Supplement Civil Cover Sheet Addendum, #11 Proposed Order Ordering Release, #12 Proposed Order Ordering a Bond Hearing)(Appelbaum, Adina) |
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