Benitez v. An unknown immigration officer employed by the Department of Homeland Security
Defendant: William P. Barr
Petitioner: Raul A Benitez and Raul Flores Mendez
Respondent: An unknown immigration officer employed by the Department of Homeland Security
Case Number: 4:2019cv01167
Filed: July 23, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: Herman N Johnson
Referring Judge: R David Proctor
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 3, 2019 Filing 15 RESPONSE to re #9 filed by William P. Barr. (Attachments: #1 Exhibit A: Pitman Declaration, #2 Exhibit B: Second Circuit PFR Docket)(Wilson, Sarah)
September 3, 2019 Opinion or Order Filing 14 ORDER granting #13 Motion for Extension of Time to File Response/Reply re #13 Second MOTION for Extension of Time to File Response/Reply as to #9 Order to Show Cause until September 3. 2019 Responses due by 9/3/2019. Signed by Magistrate Judge Herman N Johnson, Jr on 9/3/2019. (KAM)
August 29, 2019 Filing 13 Second MOTION for Extension of Time to File Response/Reply as to #9 Order to Show Cause until September 3. 2019 by William P. Barr. (Wilson, Sarah)
August 16, 2019 Opinion or Order Filing 12 ORDER GRANTING #11 MOTION for Extension of Time to File Response to #9 Order to Show Cause. Respondents' Response due on or before August 29, 2019. Signed by Magistrate Judge Herman N Johnson, Jr on 8/16/2019. (JLC)
August 13, 2019 Filing 11 MOTION for Extension of Time to File Response/Reply as to #9 Order to Show Cause by William P. Barr. (Wilson, Sarah)
July 29, 2019 Filing 10 NOTICE of Appearance by Sarah Stevens Wilson on behalf of William P. Barr (Wilson, Sarah)
July 24, 2019 Opinion or Order Filing 9 ORDER TO SHOW CAUSE - Respondent is ordered to appear and show cause in writing why relief requested should not be granted; Show Cause Response due by 8/15/2019.. Signed by Magistrate Judge Herman N Johnson, Jr on 7/24/2019. (KAM)
July 23, 2019 Filing 8 Case transferred in from District of New York Southern; Case Number 1:19-cv-03153. Original file certified copy of transfer order and docket sheet received.
July 22, 2019 Opinion or Order Filing 7 ORDER: For the foregoing reasons, the Petition is denied without prejudice as to Petitioner's second claim, which relates to the underlying validity of Petitioner's order of removal. The Clerk of Court is directed to transfer this case to the United States District Court for the Northern District of Alabama without delay. (Signed by Judge Gregory H. Woods on 7/22/2019) (mro) [Transferred from New York Southern on 7/23/2019.]
July 22, 2019 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Northern District of Alabama (mro) [Transferred from New York Southern on 7/23/2019.]
May 17, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Bruno Joseph Bembi to RE-FILE Document #5 Rule 7.1 Corporate Disclosure Statement. ERROR(S): case number, case caption and signature or s/ missing from document. (ldi) [Transferred from New York Southern on 7/23/2019.]
May 16, 2019 Filing 6 RESPONSE TO ORDER TO SHOW CAUSE re: #3 Order to Show Cause,,. Document filed by Raul A Benitez. (Bembi, Bruno) [Transferred from New York Southern on 7/23/2019.]
May 16, 2019 Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Raul A Benitez.(Bembi, Bruno) Modified on 5/17/2019 (ldi). [Transferred from New York Southern on 7/23/2019.]
May 7, 2019 Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of An unknown immigration officer employed by the Department of Homeland Security. (Byars, Michael) [Transferred from New York Southern on 7/23/2019.]
May 7, 2019 Mailed a copy of #3 Order to Show Cause, #1 Petition for Writ of Habeas Corpus to United States Attorney's Office SDNY 86 Chambers Street New York NY 10007 by Certified Mail # 7017 2680 0000 1025 8043 with Return Receipt Requested. (vba) [Transferred from New York Southern on 7/23/2019.]
May 6, 2019 Opinion or Order Filing 3 ORDER TO SHOW CAUSE: Petitioner is ORDERED TO SHOW CAUSE no later than May 20, 2019 why the Court should not dismiss Petitioner's "non-core" habeas claim and/or transfer this action to the Northern District of Alabama pursuant to 28 U.S.C. 1404. The Clerk of Court is directed to serve copies of this order and the Petition for Writ of Habeas Corpus (Dkt. No. 1) by certified mail upon the United States Attorney for the Southern District of New York. (Signed by Judge Gregory H. Woods on 5/6/2019) (mro) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 7/23/2019.]
April 18, 2019 Filing 2 CIVIL COVER SHEET filed. (Bembi, Bruno) [Transferred from New York Southern on 7/23/2019.]
April 10, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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. (pne) [Transferred from New York Southern on 7/23/2019.]
April 10, 2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Bruno Joseph Bembi. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) [Transferred from New York Southern on 7/23/2019.]
April 10, 2019 Magistrate Judge Stewart D. Aaron 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. (pne) [Transferred from New York Southern on 7/23/2019.]
April 10, 2019 Case Designated ECF. (pne) [Transferred from New York Southern on 7/23/2019.]
April 10, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bruno Joseph Bembi. The party information for the following party/parties has been modified: An unknown immigration officer employed by the Department of Homeland Security, Raul A Benitez. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; alias party name was omitted. (pne) [Transferred from New York Southern on 7/23/2019.]
April 9, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16655780)Document filed by Raul A Benitez.(Bembi, Bruno) [Transferred from New York Southern on 7/23/2019.]

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Petitioner: Raul A Benitez
Represented By: Bruno Joseph Bembi
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Petitioner: Raul Flores Mendez
Represented By: Bruno Joseph Bembi
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Respondent: An unknown immigration officer employed by the Department of Homeland Security
Represented By: Michael James Byars
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Defendant: William P. Barr
Represented By: Sarah Stevens Wilson
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