L.B. v. Keeton et al
Petitioner: L.B.
Respondent: Enrique Lucero, United States Immigration and Customs Enforcement, Jason Ciliberti and Charles Keeton
Case Number: 2:2018cv03435
Filed: October 24, 2018
Court: US District Court for the District of Arizona
Presiding Judge: Michelle H Burns (PS)
Referring Judge: John J Tuchi
Nature of Suit: Prisoner: Alien Detainee - Habeas Corpus
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2018 Opinion or Order Filing 22 ORDER: The Second Joint Motion to Extend #18 is denied as moot. The Temporary Restraining Order entered on October 26, 2018 #12 and the deadlines set forth in the Court's November 8, 2018 Order #17 shall remain in effect. Signed by Judge John J Tuchi on 12/12/2018. (REK)
December 10, 2018 Filing 21 NOTICE TO FILER OF DEFICIENCY re: #19 Amended Petition for Writ of Habeas Corpus (Fed/2241) filed by L.B.. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ)
December 10, 2018 Filing 20 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by L.B. . (Attachments: #1 Exhibit Redline of Petition)(Mosley, Brian)
December 10, 2018 Filing 19 AMENDED PETITION for Writ of Habeas Corpus (Fed/2241) filed by L.B.. (Attachments: #1 Exhibit Exhibits A-H)(Mosley, Brian)
December 6, 2018 Filing 18 MOTION for Extension of Time Petitioner to File Amended Petition -- Second Joint Motion to Extend Date for Petitioner to File Amended Petition by L.B.. (Attachments: #1 Text of Proposed Order)(Arrowsmith, Nathan)
November 8, 2018 Opinion or Order Filing 17 ORDER - IT IS ORDERED: 1. That the Joint Motion to Extend (Doc. #16 ) is granted; 2. That Petitioner shall have until December 10, 2018 to file an amended petition in accordance with the Court's October 26, 2018 Order (Doc. #12 ); 3. That Respondents shall have until January 11, 2019 to file an Answer to the amended petition; and 4. That the Temporary Restraining Order entered on October 26, 2018 (Doc. #12 ) shall remain in effect. Signed by Judge John J Tuchi on 11/8/18. (LAD)
November 6, 2018 Filing 16 Joint MOTION for Extension of Time for Petitioner to File Amended Petition by L.B.. (Attachments: #1 Text of Proposed Order)(Arrowsmith, Nathan)
November 2, 2018 Filing 15 SERVICE EXECUTED: Certified Mail Receipt re: Motion/Order/Petition/Summons upon US Attorney General on 10/30/18. (LAD)
October 30, 2018 Filing 14 SERVICE EXECUTED: Certified Mail Receipt re: Motion/Order/Petition upon US Attorney, District of Arizona, ATTN: CV Process Clerk, on 10/29/18. (LAD)
October 27, 2018 Filing 13 NOTICE re: Compliance by Jason Ciliberti, Charles Keeton, Enrique Lucero, United States Immigration and Customs Enforcement re: #12 Order on Motion for TRO . (Attachments: #1 Declaration)(Bullis, Paul)
October 26, 2018 Opinion or Order Filing 12 ORDER granting in part and denying in part Petitioner's #2 Motion for Temporary Restraining Order as set forth in this Order. Respondents' age determination is rescinded and Respondents shall immediately release L.B. from DHS custody into to the care and custody of ORR and shall transfer Petitioner from La Palma Correctional Center to an ORR juvenile facility. L.B. shall be considered as within the custody of ORR as of the date this Order is filed. Respondents must file a Notice no later than 4:00 PM on October 27, 2018 reflecting compliance with this Order. Petitioner shall have until November 9, 2018 to file any amended petition in accordance with Rule 15.1 of the Local Rules of Civil Procedure. If Petitioner elects not to file an amended petition, Respondents shall have until December 10, 2018 to file an answer to the #1 Petition. Signed by Judge Diane J Humetewa on 10/26/2018. (See Order for details.) (LFIG)
October 26, 2018 Filing 11 MINUTE ORDER: The Court having reviewed Petitioner's Motion for Temporary Restraining Order (Doc. 2) and the Government's Response thereto (Doc. 10), IT IS ORDERED the Court finds that the written briefing is sufficient to render a decision and therefore the hearing set for 3:00 p.m. today is hereby VACATED. A written ruling will issue no later than 4:00 p.m. on this date. ORDERED by Diane J Humetewa on 10/26/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
October 26, 2018 Filing 10 RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order filed by Jason Ciliberti, Charles Keeton, Enrique Lucero, United States Immigration and Customs Enforcement. (Attachments: #1 Exhibit 1: I-213 dated 08.15.2018, #2 Exhibit 2: I-213 dated 01.05.2018, #3 Exhibit 3: Declaration)(Bullis, Paul)
October 25, 2018 Filing 8 Summons Issued as to Jason Ciliberti, Charles Keeton, Enrique Lucero, United States Immigration and Customs Enforcement by service upon the US Attorney, District of Arizona (ATTN: CV Process Clerk). (Attachments: #1 Summons for US Attorney General)(LAD)
October 25, 2018 Opinion or Order Filing 7 MINUTE ORDER: The assigned Judge currently being in trial, the Hearing on the Motion for Temporary Restraining Order (Doc. 2) will be heard by Judge Diane J Humetewa on an emergency basis as reflected in the concurrently filed Order (Doc. 6) setting the hearing for October 26, 2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
October 25, 2018 Opinion or Order Filing 6 ORDER that Respondents must respond to Petitioner's #2 MOTION for Temporary Restraining Order no later than 10:00 AM on Friday, October 26, 2018. No reply will be permitted. A Temporary Restraining Order Hearing is set for Friday, October 26, 2018 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. The Clerk of Court must email a copy of this Order to the United States Attorney for the District of Arizona, to the attention of Paul Bullis and to Petitioner's counsel. The Clerk of Court shall serve a copy of the Summons, #1 Petition, #2 Motion, and this Order upon the United States Attorney for the District of Arizona by certified mail. Respondents shall answer the Petition within 20 days of the date of service. Respondents shall not file a dispositive motion in place of an answer without first showing cause as to why an answer is inadequate. Signed by Judge Diane J Humetewa on 10/25/2018. (See Order for details.) (LFIG)
October 24, 2018 Filing 5 NOTICE OF ATTORNEY APPEARANCE: Paul A. Bullis, Assistant U.S. Attorney appearing for Jason Ciliberti, Charles Keeton, Enrique Lucero, United States Immigration and Customs Enforcement. . (Bullis, Paul)
October 24, 2018 Filing 4 NOTICE TO FILER OF DEFICIENCY re: #1 Petition for Writ of Habeas Corpus (Fed/2241) filed by L.B.. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO)
October 24, 2018 Filing 3 NOTICE OF ASSIGNMENT: (MCO)
October 24, 2018 Filing 2 MOTION for Temporary Restraining Order by L.B. (Arrowsmith, Nathan) (Attachments: #1 Text of Proposed Order)(MCO)
October 24, 2018 Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 0970-16113589 filed by L.B. (Arrowsmith, Nathan) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO)

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Respondent: Enrique Lucero
Represented By: Paul Arthur Bullis
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Respondent: United States Immigration and Customs Enforcement
Represented By: Paul Arthur Bullis
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Respondent: Jason Ciliberti
Represented By: Paul Arthur Bullis
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Respondent: Charles Keeton
Represented By: Paul Arthur Bullis
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Petitioner: L.B.
Represented By: Brian Kirk Mosley
Represented By: Nathan Taylor Arrowsmith
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