Xuyue Zhang v. William P. Barr et al
| Xuyue Zhang |
| James Janecka, Thomas P. Giles, William P. Barr and Chad F. Wolf |
| 5:2020cv00331 |
| February 19, 2020 |
| US District Court for the Central District of California |
| Andre Birotte |
| Rozella A Oliver |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on April 7, 2020. A more recent docket listing may be available from PACER.
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| Filing 25 Joint STIPULATION to Dismiss Case pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) filed by Respondents William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf.(Darrow, Joseph) |
Filing 24
MINUTE ORDER (IN CHAMBERS) DIRECTING PARTIES TO FILE FURTHER JOINT STATUS REPORT by Magistrate Judge Rozella A. Oliver. In light of the Joint Status Report stating that Petitioner has been released from Respondent's custody, the Court ORDERS the parties to file a further status report indicating whether the relief Petitioner seeks in this action is now moot and if the case can be dismissed. If the case cannot be dismissed, then the parties shall present a proposed briefing schedule on any remaining issues in the action. The parties' further status report shall be filed by no later than April 14, 2020. (dml)
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| Filing 23 STATUS REPORT Regarding Compliance with Court's March 27, 2020 Order filed by Respondents William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf. (Darrow, Joseph) |
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Filing 22
(IN CHAMBERS) ORDER VACATING STATUS CONFERENCE by Judge Andre Birotte Jr. In light of correspondence from counsel stating that a hearing is no longer necessary and that a joint status report/stipulation to vacate is forthcoming, the Court hereby VACATES the hearing set for Monday, April 6, 2020 at 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 21
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr. The Court hereby ORDERS that the parties file a status report, not to exceed two pages, by April 3, 2020 addressing (1) compliance with this Court's Order Granting Plaintiff's Temporary Restraining Order (Dkt. No. 20), and (2) whether a hearing on April 6, 2020 at 10:00 a.m. is necessary. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 20
MINUTES (IN CHAMBERS) Order DENYING Defendant's Motion to Dismiss (Dkt. no #13 ) and GRANTING Temporary Restraining Order (Dkt. No. #12 ) by Judge Andre Birotte Jr: Respondents shall schedule a bond hearing for Petitioner within 48 hours of the issuance of this Order, to be conducted by an IJ consistent with Section 236(a) of the Immigration and Nationality Act, 8 U.S.C. 1226(a), and the BIAs February 19, 2020 Remand Order. A hearing is hereby scheduled for April 6, 2020, at 10:00 a.m. for a hearing/status conference to determine compliance. The parties may file a stipulation to vacate this hearing if necessary. IT IS SO ORDERED. (See minutes for further details) (yl)
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| Filing 19 NOTICE filed by Petitioner Xuyue Zhang. Second Notice of Supplemental Authority in Support of Petitioner's Application for a Temporary Restraining Order (Rozdzielski, Jennifer) |
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Filing 18
MINUTE ORDER (IN CHAMBERS) RE: RESPONDENT'S MOTION TO DISMISS #13 by Magistrate Judge Rozella A. Oliver. Petitioner shall file and serve an opposition to the motion within thirty (30) days of the filing of the motion. At that time, the Court will take themotion under submission without oral argument, unless the Court otherwise orders. (dml)
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| Filing 17 REPLY Support EX PARTE APPLICATION for Temporary Restraining Order as to Seeking Petitioner's immediate release from Respondents' custody or a constitutionally-compliant bond hearing within 48 hours of the Court's order #12 filed by Petitioner Xuyue Zhang. (Rozdzielski, Jennifer) |
| Filing 16 DECLARATION of Captain Jennifer Moon In Opposition To EX PARTE APPLICATION for Temporary Restraining Order as to Seeking Petitioner's immediate release from Respondents' custody or a constitutionally-compliant bond hearing within 48 hours of the Court's order #12 Exhibit 1 to Respondents' Opposition to the Ex Parte Application filed by Respondents William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf. (Darrow, Joseph) |
| Filing 15 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to Seeking Petitioner's immediate release from Respondents' custody or a constitutionally-compliant bond hearing within 48 hours of the Court's order #12 filed by Respondents William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf. (Darrow, Joseph) |
| Filing 14 NOTICE of Supplemental Authority in Support of Petitioner's Application for Temporary Restraining Order filed by Petitioner Xuyue Zhang. (Attachments: #1 Exhibit)(Rozdzielski, Jennifer) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Respondents William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf. (Attachments: #1 Exhibit A - Remand Order, #2 Exhibit B- Declaration of Ali Manuchehry, #3 Exhibit C - Email, #4 Exhibit D- Notice of Bond Hearing) (Darrow, Joseph) |
| Filing 12 EX PARTE APPLICATION for Temporary Restraining Order as to Seeking Petitioner's immediate release from Respondents' custody or a constitutionally-compliant bond hearing within 48 hours of the Court's order filed by Petitioner Xuyue Zhang. (Attachments: #1 Memorandum, #2 Index of Exhibits, #3 Declaration of Thomas Ragland (Exh. A), #4 Exhibit B, #5 Exhibit C (part 1), #6 Exhibit C (part 2), #7 Exhibit D, #8 Exhibit E, #9 Proposed Order, #10 Proof of Service) (Rozdzielski, Jennifer) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Anton Darrow counsel for Respondents William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf. Adding Joseph Anton Darrow as counsel of record for William P. Barr; Chad F. Wolf; Thomas P. Giles; James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents William P. Barr; Chad F. Wolf; Thomas P. Giles; James Janecka. (Attorney Joseph Anton Darrow added to party William P. Barr(pty:res), Attorney Joseph Anton Darrow added to party Thomas P. Giles(pty:res), Attorney Joseph Anton Darrow added to party James Janecka(pty:res), Attorney Joseph Anton Darrow added to party Chad F. Wolf(pty:res))(Darrow, Joseph) |
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Filing 10
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: GRANTING #9 Non-Resident Attorney Thomas K. Ragland APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, designating Jennifer L. Rozdzielski as local counsel. (Thrasher, Lupe)
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| Filing 9 APPLICATION of Non-Resident Attorney Thomas K. Ragland to Appear Pro Hac Vice on behalf of Petitioner Xuyue Zhang (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25504894) filed by Petitioner Xuyue Zhang. (Attachments: #1 Proposed Order) (Rozdzielski, Jennifer) |
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Filing 8
ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge Rozella A. Oliver. Respondent William P. Barr file Answer to the Petition not later than 4/6/2020; Thomas P. Giles file Answer to the Petition not later than 4/6/2020; James Janecka file Answer to the Petition not later than 4/6/2020; Chad F. Wolf file Answer to the Petition not later than 4/6/2020. 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. PLEASE NOTE: Petition includes sixteen (16) exhibits which can be accessed thru PACER. (Attachments: #1 Petition) (dml)
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| Filing 7 60 DAY Summons Issued re Petition for Writ of Habeas Corpus, #1 as to Defendants William P. Barr, Thomas P. Giles, James Janecka, Chad F. Wolf and Nicola Hanna. (Attachments: #1 WBarr, #2 CWolf, #3 TGiles, #4 JJanecka) (jtil) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Patrick Taurel. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 5 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Thomas K. Ragland. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 4 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Andre Birotte Jr and referred to Magistrate Judge Rozella A. Oliver, 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. (jtil) |
| Filing 3 Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,,,,, #1 filed by Petitioner Xuyue Zhang. (Attachments: #1 Summons for William Barr, #2 Summons for Chad Wolf, #3 Summons for Thomas P. Giles, #4 Summons for James Janecka)(Rozdzielski, Jennifer) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner Xuyue Zhang. (Rozdzielski, Jennifer) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-25406412 for $5 filing fee, filed by Petitioner Xuyue Zhang. (Attachments: #1 Exhibit Index, #2 Exhibit A, Notice to Appear, #3 Exhibit B, DHS Notice of Custody Determination, #4 Exhibit C, Motion for Bond and Custody Redetermination, #5 Exhibit D, Form I-213, Record of Deportable/Inadmissible Alien, #6 Exhibit E, INTERPOL Red Notice, #7 Exhibit F, Supplemental Package in Support of Custody Re-Determination, #8 Exhibit G, Immigration Judge Custody Minute Order, #9 Exhibit H, Notice of Appeal, #10 Exhibit I, Bond Memorandum of the Immigration Judge (Aug. 21, 2019), #11 Exhibit J, Respondent's Brief in Support of Bond Appeal and Motion to Remand Based on New Evidence, #12 Exhibit K, Respondent's Motion to Expedite, #13 Exhibit L, Respondent's Motion for Release on Bond Based on Materially Changed Circumstances, #14 Exhibit M, Decision and Order of the Immigration Judge (Jan. 29, 2020), #15 Exhibit N, Notice of Hearing for Petitioner's February 26, 2020 Master Calendar Hearing, #16 Exhibit O, Declaration of Jessica Akyea) (Attorney Jennifer Rozdzielski added to party Xuyue Zhang(pty:pet))(Rozdzielski, Jennifer) |
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