Nelson Osmin Tejada Palacios v. Kevin McAleenan et al
Petitioner: Nelson Osmin Tejada Palacios
Respondent: Matthew Albence, William Barr, Kevin McAleenan and Thomas Giles
Case Number: 2:2019cv07165
Filed: August 16, 2019
Court: US District Court for the Central District of California
Presiding Judge: Jean P Rosenbluth
Referring Judge: Josephine L Staton
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 23, 2019 Opinion or Order Filing 11 MINUTE (IN CHAMBERS) ORDER (1) DENYING Ex Parte Application for Temporary Restraining Order (Doc. 4-5) and (2) DISMISSING Petition for Writ of Habeas Corpus (Doc. #4 ) by Judge Josephine L. Staton: The Petition challenges only Petitioner's detention pending removal; it does not challenge the underlying order of removal. (See Petition at 7.) In his Reply, Petitioner represents that he has been removed from the United States to El Salvador. (Reply at 6.) He is therefore no longer in Respondents' custody, and his request for relief is moot. Accordingly, the Court DENIES the Application and DISMISSES the Petition. (Made JS-6. Case Terminated.) (jp)
August 22, 2019 Filing 10 REPLY Reply in Support of Motion for a Temporary Restraining Order filed by Petitioner Nelson Osmin Tejada Palacios. (Mackins, Mackenzie)
August 20, 2019 Opinion or Order Filing 9 MINUTE (IN CHAMBERS) ORDER TO FILE REPLY IN SUPPORT OF EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER (Doc. #4 - #5 ) by Judge Josephine L. Staton: The Court is receipt of Respondents' Opposition to petitioner's Ex Part Application for Temporary Restraining Order. (App., Doc. 4-5; Opp., Doc. #8 ). Petitioner is ORDERED to file a reply brief in support of the Application, no later than 2:00 PM., on 08/22/2019. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
August 19, 2019 Filing 8 OPPOSITION TO PETITIONER'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Respondents Matthew Albence, William Barr, Thomas Giles, Kevin McAleenan. (Attachments: #1 Declaration of Brian Peterson, #2 Declaration of Joanne Osinoff, #3 Exhibit One to Osinoff Declaration, #4 Exhibit Two to Osinoff Declaration, #5 Exhibit Three to Osinoff Declaration, #6 Exhibit Four to Osinoff Declaration)(Attorney Joanne I Osinoff added to party Matthew Albence(pty:res), Attorney Joanne I Osinoff added to party William Barr(pty:res), Attorney Joanne I Osinoff added to party Thomas Giles(pty:res), Attorney Joanne I Osinoff added to party Kevin McAleenan(pty:res))(Osinoff, Joanne)
August 19, 2019 Filing 7 SUPPLEMENT Supplemental Declaration of Mackenzie Mackins in Support of Petitioner's Application for Ex Parte Temporary Restraining Order an Motion for Preliminary Injunction filed by Petitioner Nelson Osmin Tejada Palacios. (Attachments: #1 Declaration Supplemental Declaration)(Mackins, Mackenzie)
August 19, 2019 Opinion or Order Filing 6 MINUTE (IN CHAMBERS) ORDER to Supplement Ex Parte Application for Temporary Restraining Order (Doc. #4 - 5) by Judge Josephine L. Staton: Plaintiff is ORDERED to supplement the Application, no later than 5:00 p.m. today, August 19, 2019, with a declaration describing: (1) when and to whom notice of the Application was given; (2) whether the Application and all supporting documents were properly served; and (3) whether Plaintiff apprised Defendants that they have 24 hours from the time of service to respond to the Application, pursuant to the Courts Procedures. (jp)
August 19, 2019 Filing 5 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Petition for Writ of Habeas Corpus, #4 . The following error(s) was/were found: The documents are not separated and filed under their respective events; i.e. Civil Cover Sheet, Application/ Order for TRO, Notice of Interested Parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (sbou)
August 16, 2019 Filing 4 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973-24278921 for $5 filing fee, filed by Petitioner Nelson Osmin Tejada Palacios. (Attachments: #1 Civil Cover Sheet, #2 Proposed Order, #3 Declaration, #4 Memorandum, #5 Signed Application, #6 Unredacted Document AO440, #7 Affidavit verification, #8 Exhibit, #9 CV-30)(Mackins, Mackenzie)
August 16, 2019 Filing 3 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Petition for Writ of Habeas Corpus, #1 . The following error(s) was found: The Civil Cover Sheet (CV-71)is missing or incomplete. All civil actions presented for filing must be accompanied by a completed Civil Cover Sheet. See Local Rule 3-1. Counsel must file a completed Civil Cover Sheet immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): A temporary restraining order ("TRO") flag was indicated, but no TRO document was filed. (car)
August 16, 2019 Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Josephine L. Staton and referred to Magistrate Judge Jean P. Rosenbluth, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (car)
August 16, 2019 Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973-24278677 for $5 filing fee, filed by Petitioner Nelson Osmin Tejada Palacios. (Attorney Mackenzie Wilker Mackins added to party Nelson Osmin Tejada Palacios(pty:bkmov))(Mackins, Mackenzie)

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Respondent: Matthew Albence
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Joanne I Osinoff
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Respondent: William Barr
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Joanne I Osinoff
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Respondent: Kevin McAleenan
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Joanne I Osinoff
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Respondent: Thomas Giles
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Joanne I Osinoff
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Petitioner: Nelson Osmin Tejada Palacios
Represented By: Mackenzie Wilker Mackins
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