Jesus Lerma Jaras v. Brian Birkholz
| Jesus Lerma Laras and Jesus Lerma Jaras |
| Brian Birkholz |
| 2:2023cv09427 |
| November 6, 2023 |
| US District Court for the Central District of California |
| John D Early |
| Otis D Wright |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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| Document Text |
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| Filing 15 Mail Returned addressed to Jesus Lerma Jaras re Judgment #12 . (et) |
| Filing 14 Mail Returned addressed to Jesus Lerma Jaras re Minutes of Telephonic Hearing 9 (hr) |
| Filing 13 Mail Returned addressed to Jesus Lerma Jaras re Order #11 (hr) |
| Filing 12 JUDGMENT #1 #11 by Judge Otis D. Wright, II. IT HEREBY IS ORDERED, ADJUDGED, and DECREED that the Petition (Dkt. 1) is GRANTED in part as follows: Respondent is ordered to apply all of Petitioner's earned time credits under the First Step Act and provide Petitioner early release earned effective September 27, 2023, subject to any immigration hold, detainer, or warrant effective as of the date of this Judgment. The Petition is DENIED in all other respects without prejudice to Petitioner asserting any other claim in other proper forum and/or by a proper mechanism. (MD JS-6, Case Terminated). (lom) |
Filing 11
ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS by Judge Otis D. Wright, II. IT IS THEREFORE ORDERED that: (1) the Referral to the Magistrate Judge (Dkt. #2 ) is terminated. (2) the Motion (Dkt. #6 , #8 ) is DENIED except as to Respondent's argument regarding Petitioner's challenge to the validity of his Final Order of Removal. That portion of the Motion is GRANTED on the basis that this Court lacks jurisdiction to hear such a challenge, but only as to those arguments, arguments that Petitioner confirmed at the hearing he was no longer pursuing. (3) the Petition is GRANTED in part as follows: Petitioner was entitled to the application of ETCs under FSA effective September 27, 2023, and Respondent is ordered to release Petitioner subject to any immigration hold, detainer, or warrant effective as of the date of this Order. The Petition is DENIED in all other respects. (4) Judgment shall be entered forthwith consistent with the foregoing. As noted, although the Government maintains its position that immediate relief is not warranted, the Government does not object to the relief granted in this Order in this unique circumstance. See Dkt. #10 . (lom)
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| Filing 10 Notice of Agreement With Proposed Order filed by Respondent Brian Birkholz. (Guzman, Joseph) |
| Filing 9 MINUTES OF Telephonic Hearing re: the Petitioner (Dkt. 1) and Respondent's Motion to Dismiss(Dkt. 6) held before Magistrate Judge John D. Early. The Court, Petitioner, and counsel for Respondent are heard regarding the Petition and the Motion to Dismiss. Counsel for the Federal Bureau of Prisons and the Department of Homeland Security, Immigration and Customs Enforcement, are present for part of the call and are heard. Counsel for Petitioner agrees that its position has been fully set forth regarding the Petition and the Motion to Dismiss and is directed to file a Notice regarding one item as discussed on the record at the hearing by 1:30 p.m. on December 15, 2023. The matter stands submitted. Separate order to issue. Attorney(s) for Petitioner: Jesus Lerma Jaras, Pro Se. Attorney(s) for Respondent: Joseph S. Guzman. Courtroom deputy: Maria Barr. Time in Court: 00:55 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. Court Recorder: CS 12/15/23. (mba) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent Brian Birkholz. (Guzman, Joseph) |
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Filing 7
MINUTE ORDER (IN CHAMBERS) by Magistrate Judge John D. Early: re Further Briefing on Motion to Dismiss (Dkt. 6). Based on the foregoing facts, taken as true at least for the purposes of the Motion, the question arises: On what basis did BOP continue to detain Petitioner from September 27, 2023 to October 5, 2023? The answer to that question would likely result in further important inquiries, including what remedy would be available now for Petitioner even if the detention from September 27, 2023 to October 5, 2023, was not authorized, for which the record is not currently developed. However, consider the issues raised in the Petition and Petitioner's current projected release date, the Court finds there is insufficient time to proceed with a full briefing schedule on the Motion. As a result, IT IS ORDERED that a telephonic hearing is set December 15, 2023, at 9:30 a.m. to address primarily Respondent's argument (1), set forth above, and the question and possible follow-up inquiries set forth in the paragraph immediately above.(see document for further details) #6 (Telephone Conference set for 12/15/2023 09:30 AM before Magistrate Judge John D. Early.) (mba)
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| Filing 6 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondent Brian Birkholz. (Guzman, Joseph) |
| Filing 5 CERTIFICATE OF SERVICE filed by Respondent Brian Birkholz, re Notice of Appearance #4 served on December 4, 2023. (Guzman, Joseph) |
| Filing 4 NOTICE of Appearance filed by attorney Joseph Sebastian Guzman on behalf of Respondent Brian Birkholz (Attorney Joseph Sebastian Guzman added to party Brian Birkholz(pty:res))(Guzman, Joseph) |
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Filing 3
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. Please Note: the time for filing various positions is shorter than in other similar orders because the allegations suggest an expedited schedule is warranted here. That Respondent Brian Birkholz file Answer to the Petition not later than 12/16/2023. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. Motions to Dismiss shall be filed by 12/7/2023. (Attachments: #1 Petition) (mba)
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| Filing 2 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Otis D. Wright, II and referred to Magistrate Judge John D. Early, 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. (sh) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Otis D. Wright, II and referred to Magistrate Judge John D. Early.(Filing fee $ 5 FEE PAID), filed by Petitioner Jesus Lerma Laras. (sh) |
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