I.J. v. Keeton et al
| I.J. |
| Chuck Keeton, Enrique Lucero, Office of Refugee Resettlement, Department of Homeland Security, Alex M Azar, II, United States of America, Jason Ciliberti, Kirstjen Nielsen, U.S. Immigration and Customs Enforcement, Department of Health and Human Services and Fred Figueroa |
| 2:2019cv01904 |
| March 22, 2019 |
| US District Court for the District of Arizona |
| John Z Boyle (PS) |
| Susan M Brnovich |
| Prisoner: Alien Detainee - Habeas Corpus |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 30
ORDER: Stipulation to Extend Time (Doc. 29) is granted. Petitioner shall have until August 15, 2019 to file an application for fees and costs pursuantto the EAJA. Signed by Judge Susan M Brnovich on 6/21/2019. (TCA)
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| Filing 29 *Joint MOTION for Extension of Time to File Application for EAJA Fees by Alex M Azar, II, Jason Ciliberti, Department of Health and Human Services, Department of Homeland Security, Fred Figueroa, Kirstjen Nielsen, Enrique Lucero, Office of Refugee Resettlement, U.S. Immigration and Customs Enforcement, United States of America. (Attachments: #1 Text of Proposed Order)(Nelson, Anne) *Modified to add additional filer and remove terminated party as a filer; attorney noticed on 6/11/2019 (SST). |
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Filing 28
ORDER: Pursuant to the parties' Stipulation for Dismissal with Prejudice (Doc. #26 ) and for good cause appearing, IT IS HEREBY ORDERED dismissing the claims against Defendants with prejudice. Signed by Judge Susan M Brnovich on 5/30/2019. (SST)
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| Filing 27 NOTICE TO FILER OF DEFICIENCY re: #26 Stipulation of Dismissal filed by I.J.. 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. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
| Filing 26 *STIPULATION of Dismissal by I.J. (Ruhl, Katharine) *Modified to reflect Local Rule violation on 5/30/2019 (SST). |
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Filing 25
ORDER - (1) Petitioners Unopposed Motion to Extend Time (Doc. #24 ) is granted. (2) Petitioner shall have until May 29, 2019 to file a second amended petition in accordance with Rule 15.1 of the Local Rules of Civil Procedure. (3) If Petitioner does not file a second amended petition on or before May 29, 2019, Petitioner must show cause as to why this action should not be dismissed as moot or for lack of jurisdiction. Signed by Judge Susan M Brnovich on 5/15/19. (LAD)
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| Filing 24 MOTION for Extension of Time to Amend by I.J.. (Attachments: #1 Text of Proposed Order)(Belous, Laura) |
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Filing 23
AMENDED ORDER - IT IS ORDERED that Petitioner's Unopposed Motion to Extend Time (Doc. #17 ) and Unopposed Motion to Clarify (Doc. #18 ) are granted as follows: (1) Respondents' April 15, 2019 Response (Doc. #13 ) is deemed as a Response to the Amended Petition (Doc. #20 ), and Petitioner's April 22, 2019 Reply (Doc. #19 ) is deemed as a Reply in support of the Amended Petition (Doc. #20 ). The Clerk of Court shall amend the docket accordingly. (2) Petitioner shall have 14 days from the date of this Order to file a motion for leave to file a second amended petition in accordance with Rule 15.1 of the Local Rules of Civil Procedure.(3) If Petitioner does not elect to file a motion for leave to file a second amended petition within 14 days of the date of this Order, this matter will be deemed fully briefed and taken under advisement. (4) If Petitioner elects to file a motion for leave to file a second amended petition, following a ruling on the motion, the Court will set further briefing deadlines, if necessary. (See document for complete details). Signed by Judge Susan M Brnovich on 5/1/19. (SLQ)
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Filing 22
*AMENDED by #23 * ORDER - IT IS ORDERED that Petitioner's Unopposed Motion to Extend Time (Doc. #17 ) and Unopposed Motion to Clarify (Doc. #18 ) are granted as follows: (1) Petitioner shall have 14 days from the date of this Order to either file the April 9, 2019 Amended Petition (lodged at Doc. #12 -1), along with any cited exhibits, or file a motion for leave to file a second amended petition in accordance with Rule 15.1 of the Local Rules of Civil Procedure. (2) If Petitioner elects to file the Amended Petition, along with any cited exhibits, Respondents' April 15, 2019 Response (Doc. #13 ) shall be treated as a Response to the Amended Petition, and Petitioner shall have until May 10, 2019 to file a Reply in support of the Amended Petition. (3) If Petitioner elects to file a motion for leave to file a second amended petition, the parties will be advised regarding the briefing deadlines following the Court's review. (See document for complete details). Signed by Judge Susan M Brnovich on 4/30/19. (SLQ) Modified on 5/1/2019 (SLQ).
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| Filing 21 NOTICE TO FILER OF DEFICIENCY re: #20 Amended Petition for Writ of Habeas Corpus (Fed/2241) filed by I.J.. 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. (MSA) |
| Filing 20 AMENDED PETITION for Writ of Habeas Corpus (Fed/2241) re: #1 Petition for Writ of Habeas Corpus (Fed/2241) filed by I.J. terminating Chuck Keeton (in his official capacity as Warden of the La Palma Detention Center) filed by I.J.. Related document: #1 Petition for Writ of Habeas Corpus (Fed/2241) filed by I.J.. (Attachments: #1 Exhibit)(Belous, Laura) |
| Filing 19 *Per order #23 , considered REPLY in support of #20 * REPLY TO RESPONSE to #13 Habeas Petition (Fed/2241) filed by I.J.. (Attachments: #1 Exhibit)(Belous, Laura) Modified on 5/1/2019 (SLQ). |
| Filing 18 MOTION to Clarify April 17 Order Regarding Amended Habeas Petition by I.J.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Belous, Laura) |
| Filing 17 MOTION for Extension of Time Reply or Amended Petition for Habeas Corpus by I.J.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Belous, Laura) |
| Filing 16 NOTICE re: of Compliance by Alex M Azar, II, Jason Ciliberti, Department of Health and Human Services, Department of Homeland Security, Chuck Keeton, Enrique Lucero, Kirstjen Nielsen, Office of Refugee Resettlement, U.S. Immigration and Customs Enforcement, United States of America re: #15 Order on Motion for TRO . (Attachments: #1 Exhibit 1)(Nelson, Anne) |
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Filing 15
ORDER - Petitioner's #2 Motion for Temporary Restraining is granted in part and denied in part. ORR's age determination violated the TVPRA and its implementing policies and is thereby invalid. Respondents shall immediately release Petitioner I.J. from DHS custody into to the care and custody of ORR and shall transfer Petitioner to an ORR juvenile facility. Respondents must file a Notice with the Clerk of Court within 2 days of the date this Order is filed reflecting compliance with this Order. See document for complete details. Signed by Judge Susan M Brnovich on 4/17/19. (MSA)
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Filing 14
ORDER - Petitioner's #12 Unopposed Motion to Amend is granted in part and denied as moot in part as set forth.Petitioner shall file the Amended 2241 Petition (lodged at Doc. [12-1]), along with any cited exhibits, with the Clerk of Court within 3 days of the filing of this Order. Respondents shall have 14 days from the date the Amended 2241 Petition is filed to file an answer. Respondents shall not file a dispositive motion in place of an answer without first showing cause as to why an answer is inadequate. See document for complete details. Signed by Judge Susan M Brnovich on 4/17/19. (MSA)
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| Filing 13 *Per order #23 , considered a RESPONSE to #20 * *RESPONSE to #1 Petition for Writ of Habeas Corpus (Fed/2241) by United States of America, Alex M Azar, II, Jason Ciliberti, Department of Health and Human Services, Department of Homeland Security, Chuck Keeton, Enrique Lucero, Kirstjen Nielsen, Office of Refugee Resettlement, U.S. Immigration and Customs Enforcement. (Attachments: #1 Declaration of Peter Arvanitis, #2 Declaration of John Barnett with Exhibit A)(Nelson, Anne) *Modified on 4/16/2019 to add filers (MSA). Modified on 5/1/2019 (SLQ). |
| Filing 12 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus (Fed/2241), #2 MOTION for Temporary Restraining Order, #8 Reply to Response to Motion by I.J.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Belous, Laura) |
| Filing 11 NOTICE TO FILER OF DEFICIENCY re: #9 Additional Attachments to Main Document filed by I.J. 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. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
| Filing 10 NOTICE TO FILER OF DEFICIENCY re: #8 Reply to Response to Motion filed by I.J. 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. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST) |
| Filing 9 *Additional Attachments to Main Document re: #8 Reply to Response to Motion by Petitioner I.J. (Attachments: #1 Exhibit)(Belous, Laura) *Modified to reflect Local Rule violation; attorney noticed on 4/3/2019 (SST). |
| Filing 8 *REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order filed by I.J. (Attachments: #1 Exhibit)(Belous, Laura) *Modified to reflect Local Rule violation; attorney noticed on 4/3/2019 (SST). |
| Filing 7 RESPONSE to Motion re: #2 MOTION for Temporary Restraining Order filed by Alex M Azar, II, Jason Ciliberti, Department of Health and Human Services, Department of Homeland Security, Chuck Keeton, Enrique Lucero, Kirstjen Nielsen, Office of Refugee Resettlement, U.S. Immigration and Customs Enforcement, United States of America. (Attachments: #1 Exhibit Index, #2 Hillin Declaration, #3 Exhibit A to Hillin Decl, #4 Exhibit B to Hillin Decl, #5 Exhibit C to Hillin Decl, #6 Topete Declaration, #7 Exhibits A thru E to Topete Decl, #8 Exhibit F to Topete Decl, #9 Exhibit G thru H to Topete Decl)(Nelson, Anne) |
| Filing 6 Summons Issued as to Alex M Azar, II, Jason Ciliberti, Chuck Keeton, Enrique Lucero, Kirstjen Nielsen. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 SUMMONS Submitted by I.J.. (Ruhl, Katharine) |
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Filing 4
ORDER: Petitioner shall serve a copy of the Summons, Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (Doc. #1 ), Motion for Temporary Restraining Order (Doc. #2 ), and this Order upon the United States Attorney for the District of Arizona by certified mail addressed to the civil process clerk at the office of the United States Attorney pursuant to Rule 4(i)(1)(A) of the Federal Rules of Civil Procedure. Petitioner also shall send by certified mail a copy of the Summons, Petition, Motion and this Order to the United States Attorney General Pursuant to Rule 4(l)(B) and to Respondents pursuant to Rule 4(i)(2)(A). 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, Laura Belous. Respondents must file a Response to Petitioner's Motion (Doc. #2 ) no later than 10:00 a.m. on Friday, March 29, 2019. Petitioner shall have until 10:00 a.m. on Tuesday, April 2, 2019 to file a Reply. Respondents shall answer the Petition (Doc. #1 ) 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. Petitioner shall have 7 days from the filing of an Answer to file any Reply. Signed by Judge Susan M Brnovich on 3/26/2019. (SST)
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| Filing 3 NOTICE OF ASSIGNMENT (DLC) |
| Filing 2 MOTION for Temporary Restraining Order by I.J.. (Ruhl, Katharine) (DLC) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $ 5.00, receipt number 0970-16688929(Ruhl, Katharine) filed by I.J. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(DLC) |
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