Ali v. DHS/ICE/Dept. of Justice
Petitioner: Ilyas Ali
Respondent: DHS/ICE/Dept. of Justice
Case Number: 4:2020cv00852
Filed: June 16, 2020
Court: US District Court for the Northern District of Alabama
Presiding Judge: John H England
Referring Judge: Corey L Maze
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2020 Opinion or Order Filing 19 ORDER- On June 16, 2020, the United States District Court for the Southern District of New York transferred a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 for Petitioner Ilyas Ali to this Court. Case No. 4:20-cv-00852-CLM-JHE, docs. 17 & 18. Petitioner Ali already has a 2241 habeas petition pending in this Court. Case No. 4:20-cv-00363-AKK-JHE.Because these cases are duplicative, the Clerk is DIRECTED to removethe petition filed in Case No. 4:20-cv-00852-CLM-JHE #1 , and file thatdocument as a supplemental petition in Case No. 4:20-cv-00363-AKK-JHE.Once this is completed, the Clerk is FURTHER DIRECTED to close Case No.4:20-cv-00852-CLM-JHE. The magistrate judge will review the supplemental petition and determine if any additional briefing is needed in this case.. Signed by Judge Abdul K Kallon on 06/17/2020. (AKD)
June 16, 2020 Filing 18 Case transferred in from District of New York Southern; Case Number 1:19-cv-08645. Original file certified copy of transfer order and docket sheet received.
June 9, 2020 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.(rro) [Transferred from New York Southern on 6/16/2020.]
June 9, 2020 Opinion or Order Filing 17 ORDER terminating #7 Motion to Dismiss; granting #7 Motion to Transfer Case. The Government's motion to transfer venue is GRANTED. The Clerk of Court is respectfully requested to mail a copy of this Order to Petitioner, and to transfer this action to the Northern District of Alabama. This order closes the case in the United States District Court for the Southern District of New York. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Lorna G. Schofield on 6/9/2020) (rro) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 6/16/2020.]
January 24, 2020 Filing 16 CERTIFICATE OF SERVICE of ECF Nos. 4-15 and current docket sheet served on Ilyas Ali on 1/24/20. Service was accepted by Petitioner Ilyas Ali. Document filed by DHS/ICE/Dept. of Justice. (Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
January 22, 2020 Filing 15 LETTER addressed to Judge Lorna G. Schofield from Joshua Kahane dated 1/22/20 re: petitioner's current address. Document filed by DHS/ICE/Dept. of Justice.(Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
January 15, 2020 Opinion or Order Filing 14 ORDER. It is hereby ORDERED that, by January 22, 2020, the Government shall file a letter informing the Court as to the facility, if any, Petitioner is detained at, and its mailing address. (Signed by Judge Lorna G. Schofield on 1/15/20) (yv) [Transferred from New York Southern on 6/16/2020.]
January 3, 2020 Received returned mail re: #9 Declaration in Support of Motion, #7 Motion to Dismiss, Motion to Transfer Case, #5 FRCP 4 Service Package - Mailed, #13 Order, #8 Memorandum of Law in Support of Motion. Mail was addressed to Ilyas Ali, A#077340247, Etowah County Detention Center, 827 Forrest Ave., Gadsden, AL 35901 and was returned for the following reason(s): Return to Sender, Refused, Unable to Forward, Return to Sender, Refused, Released 12/9/2019. (vn) [Transferred from New York Southern on 6/16/2020.]
January 2, 2020 Received returned mail re: #5 Information Package. Mail was addressed to Ilyas Ali 19004344 at C/O Etowah County Detention Center, 827 Forrest Avenue, Gadsden, AL 35901 and was returned for the following reason(s): Released 12/09/19. (bwa) [Transferred from New York Southern on 6/16/2020.]
December 19, 2019 Received Return Receipt of #9 Declaration in Support of Motion, #7 MOTION to Dismiss. MOTION to Transfer Case to the Northern District of Alabama, #5 FRCP 4 Service Package - Mailed, #13 Order, #8 Memorandum of Law in Support of Motion as to Ilyas Ali, A#077340247, Etowah County Detention Center, 827 Forrest Ave., Gadsden, AL 35901, which was served by Certified Mail #7002 2410 0005 1342 4564, on 12/11/2019. (vn) [Transferred from New York Southern on 6/16/2020.]
December 12, 2019 Re-Mailed a copy of #4 Order to Answer, #5 Information Package, to Ilyas Ali A#077340247 at Etowah County Detention Center, 827 Forrest Ave., Gadsden, AL 35901. (bwa) [Transferred from New York Southern on 6/16/2020.]
December 12, 2019 Received returned mail re: #4 Order to Answer, #5 Information Package. Mail was addressed to Ilyas Ali, A#077340247 at La Salle Detention Facility, 830 Pinehill Rd., Jena, LA 71342 and was returned for the following reason(s): Return to Sender, Not Here. (bwa) [Transferred from New York Southern on 6/16/2020.]
December 3, 2019 Mailed a copy of #9 Declaration in Support of Motion, #7 MOTION to Dismiss . MOTION to Transfer Case to the Northern District of Alabama., #5 FRCP 4 Service Package - Mailed, #13 Order, #8 Memorandum of Law in Support of Motion to Ilyas Ali A#077340247 Etowah County Detention Center 827 Forrest Ave. Gadsden, AL 35901 by certified mail no. 7002 2410 0005 1342 4564 with return receipt requested. (vba) [Transferred from New York Southern on 6/16/2020.]
December 2, 2019 Opinion or Order Filing 13 ORDER: It is hereby ORDERED that Petitioner may file reply papers, if any, within thirty days of from the date Petitioner is served with this Order. The Clerk of Court is respectfully requested to serve this Order, along with the information packet at Dkt. No. 5 and the Government's motion and supporting papers at Dkt. Nos. 7, 8 and 9, via certified mail on Plaintiff at his current address. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/2/2019) (cf) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 6/16/2020.]
November 4, 2019 Filing 12 PRO SE MEMORANDUM(Letter), dated 10/26/19 re: CHANGE OF ADDRESS for Ilyas Ali. New Address: A#077-340-247, Etowah County Detention Center, 827 Forrest Ave., Gadsden, AL, 35901. (sc) Modified on 11/12/2019 (sc). [Transferred from New York Southern on 6/16/2020.]
October 30, 2019 Re-mailed a copy of #4 Order to Answer, #5 Information Package to Ilyas Ali, A#077340247, at La Salle Detention Facility, 830 Pinehill Rd., Jena, LA 71342. (bwa) [Transferred from New York Southern on 6/16/2020.]
October 30, 2019 Received returned mail re: #4 Order to Answer, 28 U.S.C. 2241, #5 Information Package. Mail was addressed to Ilyas Ali, 19004344, at C/O Etowah County Detention Center, 827 Forrest Avenue, Gadsden, AL 35901 and was returned for the following reason(s): Released 09/26/19. (bwa) [Transferred from New York Southern on 6/16/2020.]
October 23, 2019 Filing 10 CERTIFICATE OF SERVICE of Motion to Dismiss or Transfer served on Ilyas Ali on 10/23/19. Service was made by Mail. Document filed by DHS/ICE/Dept. of Justice. (Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
October 23, 2019 Filing 9 DECLARATION of Senior Detention and Deportation Officer Perry Zaner in Support re: #7 MOTION to Dismiss . MOTION to Transfer Case to the Northern District of Alabama.. Document filed by DHS/ICE/Dept. of Justice. (Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
October 23, 2019 Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION to Dismiss . MOTION to Transfer Case to the Northern District of Alabama. . Document filed by DHS/ICE/Dept. of Justice. (Attachments: #1 Exhibit 1)(Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
October 23, 2019 Filing 7 MOTION to Dismiss ., MOTION to Transfer Case to the Northern District of Alabama. Document filed by DHS/ICE/Dept. of Justice.(Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
October 21, 2019 Filing 11 PRO SE MEMORANDUM(Letter), dated 10/10/19 re: CHANGE OF ADDRESS for Ilyas Ali. New Address: A#077340247, La Salle Detention Fac., 830 Pine Hill Rd., Jena, Louisiana, 71342. (sc) [Transferred from New York Southern on 6/16/2020.]
October 15, 2019 Filing 6 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of DHS/ICE/Dept. of Justice. (Kahane, Joshua) [Transferred from New York Southern on 6/16/2020.]
October 10, 2019 Opinion or Order Filing 5 INFORMATION PACKAGE MAILED to Ilyas Ali 19004344, at C/O Etowah County Detention Center, 827 Forrest Avenue, Gadsden, AL 35901, on 10/10/2015 Re: #4 Order to Answer, 28 U.S.C. 2241, via REGULAR MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (bwa) [Transferred from New York Southern on 6/16/2020.]
October 9, 2019 Opinion or Order Filing 4 ORDER: It is hereby ORDERED that the nature of this case warrants an expedited briefing schedule. The U.S. Attorney's Office shall file a response by October 23, 2019. Petitioner may file reply papers, if any, within thirty days from the date Petitioner is served with Respondent's answer. The Clerk of Court is respectfully requested to electronically notify the Civil Division of the U.S. Attorneys Office for the Southern District of New York that this Order has been issued and to strike the Order at Dkt. No. 4. (As further set forth in this Order.) DHS/ICE/Dept. of Justice answer due on 10/23/2019. (Signed by Judge Lorna G. Schofield on 10/9/2019) (cf) [Transferred from New York Southern on 6/16/2020.]
October 9, 2019 ***DELETED DOCUMENT. Deleted document number #4 Order. Per instructions from chambers, this entry has been removed. (cf) [Transferred from New York Southern on 6/16/2020.]
October 7, 2019 Magistrate Judge Ona T. Wang 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. (bcu) [Transferred from New York Southern on 6/16/2020.]
October 7, 2019 NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Colleen McMahon is no longer assigned to the case. (bcu) [Transferred from New York Southern on 6/16/2020.]
October 1, 2019 Pro Se Payment of Fee Processed: $5.00 Check processed by the Finance Department on 10/01/2019, Receipt Number 465401245318. (jkr) [Transferred from New York Southern on 6/16/2020.]
September 18, 2019 Opinion or Order Filing 2 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Petitioner is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 10/18/2019. In Forma Pauperis (IFP) Application due by 10/18/2019. (Signed by Judge Colleen McMahon on 9/18/2019) (Attachments: #1 IFP application)(dmg) Transmission to Docket Assistant Clerk for processing. [Transferred from New York Southern on 6/16/2020.]
September 18, 2019 NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (wb) [Transferred from New York Southern on 6/16/2020.]
September 18, 2019 Mailed a copy of #2 Order Directing Payment of Fee or IFP Application, to Ilyas Ali 19004344 C/O Etowah County Detention Center 827 Forrest Avenue Gadsden, AL 35901. (vba) [Transferred from New York Southern on 6/16/2020.]
September 17, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Ilyas Ali.(rdz) [Transferred from New York Southern on 6/16/2020.]
September 17, 2019 Case Designated ECF. (rdz) [Transferred from New York Southern on 6/16/2020.]

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Petitioner: Ilyas Ali
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Respondent: DHS/ICE/Dept. of Justice
Represented By: Joshua Evan Kahane
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