Patel et al v. Barr et al
| Veenaben Dhirubhai Patel and Ajay Ramabhai Patel |
| Matthew T Albence, Chuck Keeton, Chad Wolf, William P Barr, Jason Ciliberti, Cesar Topete, Albert Carter and Fred Figueroa |
| Public Health and Human Rights Experts |
| 2:2020cv00709 |
| April 9, 2020 |
| US District Court for the District of Arizona |
| Deborah M Fine (PS) |
| Douglas L Rayes |
| Prisoner: Alien Detainee - Habeas Corpus |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 40 SUPPLEMENT to Respondents' Portion of Joint Status Report re: #39 Report - Status by Respondents Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf. (Attachments: #1 Exhibit)(Branch, Katherine) |
| Filing 39 STATUS REPORT Joint by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Sinodis, Johnny) |
| Filing 38 NOTICE re: of Filing by Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf re: #37 Notice (Other) . (Attachments: #1 Exhibit Signed declaration of F. Figueroa)(Branch, Katherine) |
| Filing 37 NOTICE re: of Compliance by Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf re: #35 Order on Motion for Hearing on Motion, Order on Motion for TRO, Order on Motion for Preliminary Injunction, Order on Motion for Leave to File . (Attachments: #1 Exhibit)(Branch, Katherine) |
| Filing 36 Amicus BRIEF by Amicus Public Health and Human Rights Experts. (DXD) |
Filing 35
ORDER - The Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 and Complaint for Injunctive and Declaratory Relief (Doc. #1 ) is granted in part and denied in part as discussed herein. Respondents must file a "Notice of Compliance" no later than 12:00 p.m. on 5/25/20 confirming that they have executed and complied with the requirements set forth in this Order. The parties shall meet and confer and must file a Joint Status Report no later than 5/29/20 and file a Joint Status Report every 14 days thereafter, unless otherwise ordered by this Court. Petitioner must promptly file a "Notice of Change in Status" if there is any material change in Petitioner's custody status. The unopposed Motion for Leave to File an Amicus Curiae Brief (Doc. #26 ) is granted and the Clerk shall file the lodged proposed Brief (lodged at Doc. #27 ). The Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction (Doc. #10 ) and Ex Parte Motion (Doc. #33 ) are denied without prejudice as moot. Signed by Judge Douglas L Rayes on 5/21/20. (DXD)
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| Filing 34 NOTICE re: of Supplemental Filing - Evidence of Mrs. Patel's Worsening Asthma and Mental Health Conditions and Additional Authority for Granting Immediate Release from Custody by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel . (Attachments: #1 Exhibit Declaration of Johnny Sinodis, #2 Exhibit Supplemental Declaration from Dr. Joe Goldenson, #3 Exhibit Medical Report dated April 21, 2020, #4 Exhibit Singh v. Barr)(Sinodis, Johnny) |
| Filing 33 NOTICE re: of Supplemental Filing (ICE Records), EX PARTE MOTION for Hearing on Motion re: #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Attachments: #1 Exhibit Declaration of Dr. Joe Goldenson, #2 Exhibit Declaration of Johnny Sinodis, #3 Exhibit ICE Medical Records, #4 Text of Proposed Order Proposed Order)(Sinodis, Johnny) *Modified to add motion on 5/11/2020 (DXD). |
| Filing 32 REPLY TO RESPONSE to #21 Response to Habeas Petition (Fed/2241), REPLY to Response to #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Attachments: #1 Exhibit) (DXD) |
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Filing 31
ORDER granting #28 Motion for Leave to Exceed Page Limit. The Clerk shall file the lodged proposed Reply (Doc. #29 ). Signed by Judge Douglas L Rayes on 5/4/20. (DXD)
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| Filing 30 NOTICE re: of Supplemental Filing - (1) ICE Confirms Positive COVID-19 Test Result at the Eloy Detention Center; (2) Mrs. Patel's Pod Is Locked Down and In Isolation Due to Exposure to the Officer; (3) Mrs. Patel's Asthma Medication is Doubled in Dosage by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel . (Attachments: #1 Exhibit Proof of Positive COVID-19 Test at Eloy Detention Center, #2 Exhibit Declaration of Johnny Sinodis)(Sinodis, Johnny) |
| Remark: Pro hac vice motion(s) granted for Darren W Johnson and David Kimball-Stanley on behalf of Amicus Public Health and Human Rights Experts. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Susanna M Buergel on behalf of Amicus Public Health and Human Rights Experts. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 29 **FILED at Doc. #32 ** LODGED Proposed Reply Memorandum in Support of Petition for Writ of Habeas Corpus re: #28 MOTION for Leave to File Motion for Leave to File in Excess of Page Limit. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Goldenson Supplemental Declaration, #3 Exhibit Veners Declaration with CV, #4 Exhibit Estevez/Patel Declaration, #5 Exhibit Estevez/Soto Declaration, #6 Exhibit Ordonez/Suarez Declaration, #7 Exhibit Salvatierra Supplemental Declaration, #8 Exhibit Franco-Paredes Declaration with CV, #9 Exhibit Sapolsky Declaration with CV, #10 Exhibit Sponsor Forms, #11 Exhibit Zepeda Rivas Court Order, #12 Exhibit Fraihat Court Order)(Sinodis, Johnny) *Modified from filed to lodged on 4/30/2020 (DXD). Modified on 5/4/2020 (DXD). |
| Filing 28 MOTION for Leave to File Motion for Leave to File in Excess of Page Limit by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Proposed Reply Memorandum, #3 Exhibit Index of Exhibits, #4 Exhibit Goldenson Supplement Declaration, #5 Exhibit Venters Declaration and CV, #6 Exhibit Estevez/Patel Declaration, #7 Exhibit Estevez/Soto Declaration, #8 Exhibit Ordonez/Suarez Declaration, #9 Exhibit Salvatierra Supplemental Declaration, #10 Errata Franco-Paredes Declaration with CV, #11 Exhibit Soplasky Declaration with CV, #12 Exhibit Sponsor Forms, #13 Exhibit Zepeda Rivas Court Order, #14 Exhibit Fraihat v. Wolf Court Order)(Sinodis, Johnny) |
| Filing 27 **FILED at Doc. #36 ** LODGED Proposed Brief of Amici Curiae Public Health and Human Rights Experts re: #26 MOTION for Leave to File Brief of Amici Curiae Public Health and Human Rights Experts; Memorandum of Points and Authorities in Support Thereof. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Public Health and Human Rights Experts. (Smith, Gary) Modified on 5/21/2020 (DXD). |
| Filing 26 MOTION for Leave to File Brief of Amici Curiae Public Health and Human Rights Experts; Memorandum of Points and Authorities in Support Thereof by Public Health and Human Rights Experts. (Attachments: #1 Exhibit A)(Smith, Gary) |
| Filing 25 NOTICE of Appearance by Gary Ivan Smith, Jr on behalf of Public Health and Human Rights Experts. (Smith, Gary) |
| Filing 24 SERVICE EXECUTED: Certified Mail Receipt re: Summons, Petition, Motion, Order upon William Barr, US Attorney General on 4/20/2020. (KFZ) |
| Filing 23 SERVICE EXECUTED: Certified Mail Receipt re: Summons, Petition, Order, Motion upon Chuck Keeton, Warden, La Palma Correctional Center on 4/17/2020. (KFZ) |
| Filing 22 RESPONSE in Opposition re: #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf. (Branch, Katherine) |
| Filing 21 RESPONSE to #1 Petition for Writ of Habeas Corpus (Fed/2241) by Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf. (Attachments: #1 Exhibit)(Branch, Katherine) |
| Remark: Pro hac vice motion(s) granted for Marc Van Der Hout on behalf of Petitioners Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE: Katherine R. Branch appearing for Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf. . (Branch, Katherine) |
| Filing 19 SERVICE EXECUTED : Certified Mail Receipt re: Summons/Petition/Motion/Order upon Fred Figueroa, Warden, Eloy Detention Center on 4/16/2020. (CLB) |
| Filing 18 SERVICE EXECUTED : Certified Mail Receipt re: Summons, Petition, Motion, Order upon Civil Processing Clerk, U.S. Attorney, District of Arizona on 4/17/2020. (CLB) |
| Filing 17 NOTICE re: of Supplemental Filings - Declarations in Support re: #1 Petition for Writ of Habeas Corpus, #10 Motion for Temporary Restraining Order by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Attachments: #1 Exhibit Exhibit A - Declaration of Sharim Estevez, #2 Exhibit Exhibit B - Declaration of Doctor Joseph Goldenson)(Sinodis, Johnny) *Modified linkage on 4/21/2020 (DXD). |
| Filing 16 SERVICE EXECUTED : Certified Mail Receipt re: Summons, Petition, Motion and Order upon Albert Carter, Field Office Director on 4/16/20. (SJF) |
| Filing 15 NOTICE re: of Change in Status - Mr. Ajay Ramabhai Patel by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel . (Sinodis, Johnny) |
| Filing 14 SERVICE EXECUTED : Certified Mail Receipt re: Summons, Petition, Order, and Motion upon Jason Ciliberti on 4/15/20. (SJF) |
| Filing 13 SERVICE EXECUTED : Certified Mail Receipt re: Summons, Petition, Motion, Order upon Cesar Topete on 4/15/20. (SJF) |
| Filing 11 Summons Issued as to Matthew T Albence, William P Barr, Albert Carter, Jason Ciliberti, Fred Figueroa, Chuck Keeton, Cesar Topete, Chad Wolf, and U.S. District Attorney of Arizona. (SLQ) |
| Filing 10 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel. (Attachments: #1 Exhibit List, #2 Exhibit 1-8, #3 Exhibit 9-12, #4 Exhibit 13-22, #5 Exhibit 23-31, #6 Declaration, #7 Text of Proposed Order)(DXD) |
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Filing 9
ORDER granting #2 Petitioners' Motion for Leave to Exceed Page Limit. THe Clerk shall docket the Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction (lodged at Doc. #3 , filed at Doc #10 ). The Clerk shall serve: (1) a copy of the Summons, (2) the Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 and Complaint for Declaratory and Injunctive Relief, (3) the Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction, and (4) this Order upon the United States Attorney for the District of Arizona, the United States Attorney General and to Respondents Barr, Wolf, Albence, Carter, Keeton, Figueroa, Topete, and Ciliberti by certified mail. Respondents Barr, Wolf, Albence, Carter, Keeton, Figueroa, Topete, and Ciliberti shall have 10 days from the filing date of this Order to answer the Petition. Petitioners shall have 5 days from the filing of Respondents' Answer to the Petition to file a Reply. Respondents shall have 10 days from the filing date of this Order to respond to Petitioners' Application (Doc. #10 ). Petitioners shall have 5 days from the filing of Respondents' Response to the Application to file a Reply. Petitioners must file a "Notice of Change in Status" with the Clerk of Court within 2 days of any material change in their custody or immigration status. The Clerk shall email a copy of this Order to the United States Attorney for the District of Arizona, to the attention of Peter M. Lantka and Mary Finlon. Signed by Judge Douglas L Rayes on 4/13/20. (DXD) Modified text on 4/13/2020 (DXD).
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| Filing 8 NOTICE OF ASSIGNMENT (DXD) |
| Filing 7 SUMMONS Submitted by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (DXD) |
| Filing 6 Corporate Disclosure Statement by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (DXD) |
| Filing 5 NOTICE of Related Case by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (DXD) |
| Filing 4 NOTICE of Appearance by Johnny Nicholas Sinodis on behalf of Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (DXD) |
| Filing 3 **FILED at (Doc. #10 )** LODGED Proposed Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction re: #2 MOTION for Leave to File Excess Pages for Application. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (Attachments: #1 Exhibit List, #2 Exhibit 1-8, #3 Exhibit 9-12, #4 Exhibit 13-22, #5 Exhibit 23-31, #6 Declaration, #7 Text of Proposed Order) (DXD) Modified on 4/13/2020 (DXD). |
| Filing 2 MOTION for Leave to File Excess Pages for Application for Temporary Restraining Order and Order to Show Cause Regarding Preliminary Injunction by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (Attachments: #1 Text of Proposed Order) (DXD) |
| Filing 1 PETITION for Writ of Habeas Corpus (Fed/2241). Filing fee received: $5.00, receipt number 0970-18165579 filed by Ajay Ramabhai Patel, Veenaben Dhirubhai Patel (submitted by Johnny Sinodis). (Attachments: #1 Civil Cover Sheet)(DXD) |
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