R.S.M. et al v. William Barr et al
| Roberto Saravia Martinez, C. J. H.S., M. H. Z. and R. S. M. |
| David Marin, James Janecka, U.S. Immigration and Customs ICE, Matthew T. Albence, William Barr, Chad Wolf and U.S. Department of Homeland Security |
| 2:2020cv03357 |
| April 9, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Michael R Wilner |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 19
SCHEDULING ORDER by Judge Terry J. Hatter, Jr. The Court has considered the evidence and arguments presented in favor of and against Petitioners petition for a writ of habeas corpus. The Court will combine the evidentiary hearing on Petitioners petition for a writ of habeas corpus with a court trial on Petitioners claims for injunctive and declaratory relief. Each side will be allowed 8 hours to present their case. The time limit includes all aspects of the case, including opening statements, direct and cross examinations, arguments on objections, and closing arguments. In lieu of closing arguments, the parties may file closing briefs, of no more than 25 pages, no later than ten days after the conclusion of the evidentiary hearing and trial. The following dates are subject to change by the Court in response to the COVID-19 pandemic; at this time, it is unclear as to when the First Street Courthouse will re-open for evidentiary hearings and court trials for civil cases. Discovery cut-off 7/31/2020., Substantive Motion Filing Deadline by 8/10/2020., Motions in Limine Filing Deadline filed by 8/27/2020., Evidentiary Hearing and Court Trial set for 10/6/2020 at 10:00 AM., Final Pretrial Conference set for 9/14/2020 at 10:00 a.m. While the Ninth Circuit has not yet reached the issue, it is clear to the Court that it has the inherent authority, at least in extraordinary cases, to release detainees on bail during the pendency of their habeas petitions. See order for further details. DOCKETED IN THIS CASE PER PAGE ATTACHMENT. (jp)
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| Filing 18 STAY CASE by Judge Terry J. Hatter, Jr.: It is Ordered that, pursuant to the Preliminary Injunction issued in Roman, Petitioner shall remain released pending a final resolution of Roman or further order of the Court. It is further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (shb) |
| Filing 17 REPLY in support of Temporary Restraining Order and Order to Show Cause #15 filed by Petitioner Roberto Saravia Martinez. (Attachments: #1 Declaration Second Supplemental Declaration of Dr. Ranit Mishori in support of TRO & OSC #15 , #2 Declaration Supplemental Declaration of Petitioner Roberto Saravia Martinez in support of TRO & OSC #15 )(Hewlett, Douglas) |
| Filing 16 RESPONSE filed by Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs ICE, Chad Wolfto Order to Show Cause,,,, Temporary Restraining Order,,,, Set/Reset Deadlines,,, #15 Response to Court's Order to Show Cause As To Why the TRO Should Not Be Converted into a Preliminary Injunction (Attachments: #1 Exhibit A - Updated Declaration of Gabriel Valdez)(Darrow, Joseph) |
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Filing 15
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. IT IS ORDERED that the application for a temporary restraining order be, and hereby is GRANTED. IT IS FURTHER ORDERED that Respondents shall, BY 5:00 P.M. on April 15, 2020, release Petitioner Roberto Saravia Martinez from custody pending further order of this Court. IT IS FURTHER ORDERED that Petitioner shall not violate any federal, state or local laws, or use or possess alcohol or illegal drugs after released from custody pursuant to this order. IT IS FURTHER ORDER that Respondents shall show cause, if any, as to why the Court should not issue a preliminary injunction in this case. Respondents' response, if any, to this order to show cause shall be filed by Noon on April 21, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 24, 2020. (shb)
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| Filing 14 MEMORANDUM in Opposition to Amended NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Amended Immigration Petition for Writ of Habeas Corpus #9 #10 filed by Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs ICE, Chad Wolf. (Attachments: #1 Exhibit A - Declaration of Gabriel Valdez, #2 Exhibit B - Declaration of Christopher A. Jenson)(Darrow, Joseph) |
| Filing 13 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Anton Darrow counsel for Respondents Matthew T. Albence, William Barr, James Janecka, David Marin, U.S. Department of Homeland Security, U.S. Immigration and Customs ICE, Chad Wolf. Adding Joseph Anton Darrow as counsel of record for William Barr; Chad Wolf; U.S. Department of Homeland Security; U.S. Immigration and Customs Enforcement; Matthew T. Albence; David Marin; James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents All respondents - William Barr; Chad Wolf; U.S. Department of Homeland Security; U.S. Immigration and Customs Enforcement; Matthew T. Albence; David Marin; James Janecka. (Attorney Joseph Anton Darrow added to party Matthew T. Albence(pty:res), Attorney Joseph Anton Darrow added to party William Barr(pty:res), Attorney Joseph Anton Darrow added to party James Janecka(pty:res), Attorney Joseph Anton Darrow added to party David Marin(pty:res), Attorney Joseph Anton Darrow added to party U.S. Department of Homeland Security(pty:res), Attorney Joseph Anton Darrow added to party U.S. Immigration and Customs ICE(pty:res), Attorney Joseph Anton Darrow added to party Chad Wolf(pty:res))(Darrow, Joseph) |
| Filing 12 AMENDED CERTIFICATE of Interested Parties filed by Petitioner Roberto Saravia Martinez, (Hewlett, Douglas) |
| Filing 11 AMENDED CIVIL COVER SHEET filed by Petitioner Roberto Saravia Martinez. (Hewlett, Douglas) |
| Filing 10 Amended NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Amended Immigration Petition for Writ of Habeas Corpus #9 filed by Petitioner Roberto Saravia Martinez. Motion set for hearing on 4/13/2020 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Declaration of Dr. Ranit Mishori, #2 Declaration of Roberto Saravia Martinez) (Hewlett, Douglas) |
| Filing 9 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26050854 for $5 filing fee, filed by Petitioner Roberto Saravia Martinez. (Attachments: #1 Declaration of Dr. Ranit Mishori) (Attorney Douglas Eugene Hewlett, Jr added to party Roberto Saravia Martinez(pty:pet))(Hewlett, Douglas) |
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Filing 8
MINUTE IN CHAMBERS ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that pursuant to the Judge's directive, Petitioners filed this petition with redacted names to protect their identity publicly, citing to Fed. R. Civ. P. 5.2(a). However, Fed. R. Civ. P. 5.2(a) allows an attorney to redact that names only of minors. Petitioners are not minors. The claims of Petitioners M.H.Z. and C.J.H.S. are dismissed without prejudice. Each Adelanto-related habeas petition shall be limited to a single petitioner, unless filed as a class action. Petitioner R.S.M. shall file an amended petition and application for a temporary restraining order that identifies him by his full name by 5:00 p.m. April 10, 2020. Respondents are to file their opposition to the amended application for the temporary restraining order no later than 5:00 p.m. Monday, April 13, 2020. (shb)
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| Filing 7 MINUTE IN CHAMBERS - NEW CASE BEFORE JUDGE HATTER by Judge Terry J. Hatter, Jr: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH in all documents pertaining to this case, as documents are routed using the judges initials, it is imperative that the correct initials TJH be used on all subsequent filings to prevent any delays in the processing of documents. Judge Hatter's Courtroom Deputy Clerk is Yolanda Skipper. She can be reached at (213) 894-5276. Counsel shall not attempt to contact the Court or its chambers staff by telephone or by any other ex parte means, although counsel may contact the Courtroom Deputy, Yolanda Skipper, at: yolanda_skipper@cacd.uscourts.gov, with appropriate inquiries. Judge Hatters courtroom is located on the 9th Floor, at 350 W. 1st Street, United States Courthouse, Courtroom No. 9B. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, Monday, April 13, 2020. See order for further details. (shb) |
| Filing 6 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Immigration Petition for Writ of Habeas Corpus #2 . The following error(s) was found: Other error(s) with document(s): Attachments 6 Civil Cover Sheet Civil Cover Sheet is attached to the Notice of Motion and Motion for Temporary Restraining Order as to Immigration Petition for Writ of Habeas Corpus. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. Each of these documents should have been filed and entered separately under its correct event/relief. You need not take any action in response to this notice unless and until the Court directs you to do so. (ghap) |
| Filing 5 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Deficiency in Attorney Case Opening - optional html form, #4 . Document # 4 Due to clerical error. The docket clerk issued to Notice of Deficiencies in error regarding the Civil Cover Sheet is missing. (ghap) |
| Filing 4 [NOTICE OF CLERICAL ERROR ISSUED ON 4/10/2020, SEE DOCKET ENTRY NO. 5] 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. (ghap) Modified on 4/10/2020 (ghap). |
| Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Terry J. Hatter, Jr and referred to Magistrate Judge Michael R. Wilner, 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. (ghap) |
| Filing 2 NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Immigration Petition for Writ of Habeas Corpus filed by Petitioners C. J. H.S., R. S. M., M. H. Z.. Motion set for hearing on 4/10/2020 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Declaration of Dr. Ranit Mishori, #2 Declaration of M.H.Z., #3 Declaration of R.S.M., #4 Declaration of C.J.H.S., #5 Certificate of Interested Parties, #6 Civil Cover Sheet Civil Cover Sheet) (Hewlett, Douglas) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26039331 for $5 filing fee, filed by Petitioners C. J. H.S., M. H. Z., R. S. M.. (Attachments: #1 Declaration Declaration of Dr. Ranit Mishori) (Attorney Douglas Eugene Hewlett, Jr added to party C. J. H.S.(pty:pet), Attorney Douglas Eugene Hewlett, Jr added to party R. S. M.(pty:pet), Attorney Douglas Eugene Hewlett, Jr added to party M. H. Z.(pty:pet))(Hewlett, Douglas) |
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