An Thanh Nguyen v. David A. Marin et al
| An Thanh Nguyen |
| David A. Marin, Matthew T. Albence, James Janecka and Chad F. Wolf |
| 5:2020cv00646 |
| March 31, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Alicia G Rosenberg |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 18
SEALED ORDER GRANTING JOINT STIPULATION by Judge Terry J. Hatter, Jr. (yl)
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| Filing 17 First STIPULATION to AMEND filed by Petitioner An Thanh Nguyen. (Attachments: #1 Proposed Order Proposed Order to Amend)(Ramsy, Monica) |
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Filing 16
STAY ORDER 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)
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| Filing 15 PROOF OF SERVICE Executed by Petitioner An Thanh Nguyen, upon Respondents Matthew T. Albence served on 4/8/2020, answer due 6/8/2020; James Janecka served on 4/8/2020, answer due 6/8/2020; David A. Marin served on 4/8/2020, answer due 6/8/2020; Chad F. Wolf served on 4/8/2020, answer due 6/8/2020. Service of the Summons and Complaint were executed upon the United States Attorneys Office by unspecified means. Executed upon the Attorney Generals Office of the United States by unspecified means. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney's Office. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Zhao, Jingni) |
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Filing 14
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Terry J. Hatter, Jr: Counsel are hereby notified that the Court issued a temporary restraining order [TRO] in this case on April 3, 2020, and ordered Respondents to show cause why a preliminary injunction should not issue. Pursuant to Fed. R. Civ. P. 65(b)(2), the TRO will expire on April 17, 2020, the fourteenth day after the date of issuance, unless, for good cause, the Court extends it. The parties have filed their respective briefs in response to the Courts Order to Show Cause: re: Preliminary Injunction. The Court finds that good cause exists under Rule 65(b)(2)to extend the TRO for an additional 14 days. The good cause is that the extension will allow the Court time to consider the significant constitutional issues raised in the parties briefs. The TRO will remain in effect until May 1, 2020. (shb)
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| Filing 13 REPLY In support of Preliminary Injunction filed by Petitioner An Thanh Nguyen. (Attachments: #1 Declaration Declaration of An Thanh Nguyen, #2 Declaration Supplemental Declaration of Jingni Zhao with Exhibits)(Zhao, Jingni) |
| Filing 12 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad F. Wolfto Order,,,,,,, Set/Reset Deadlines,,,,,, #10 (Attachments: #1 Supplemental Declaration of Gabriel Valdez, #2 Proposed Order)(Biche, Timothy) |
| Filing 11 60 DAY Summons Issued re Petition for Writ of Habeas Corpus #1 as to Defendants Matthew T. Albence, James Janecka, David A. Marin, Chad F. Wolf. (shb) |
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Filing 10
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 4, 2020, release Petitioner An Thanh Nguyen from custody pending further order of this Court, and subject to the following conditions of release: 1. Petitioner shall reside, and shelter in place, at the residence of JenniferNguyen; 2. Petitioner shall be transported from the Adelanto Detention Center directly to the Residence by Vivian Nguyen; 3. Petitioner shall not leave the Residence, pending further order of the Court, except to obtain medical care;4. Petitioner shall not violate any federal, state or local laws; 5. Petitioner shall not use or possess alcohol or illegal drugs; and 6. At the discretion of DHS and/or BICE, to enforce the above restrictions, Petitioners whereabouts may be monitored by telephonic and/or electronic and/or GPS monitoring and/or a location verification system and/or an automated identification system. IT IS FURTHER ORDERED that Respondents shall show cause, if they have 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 10, 2020. Petitioner's reply, if any, to Respondents' response shall be filed by Noon on April 15, 2020. The matter will then stand submitted. (shb)
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| Filing 9 REPLY in Support of Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Petitioner's Immediate Release #5 filed by Petitioner An Thanh Nguyen. (Attachments: #1 Declaration of Dr. Robert B. Greifinger)(Zhao, Jingni) |
| Filing 8 OPPOSITION re: Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Petitioner's Immediate Release #5 filed by Respondents Matthew T. Albence, James Janecka, David A. Marin, Chad F. Wolf. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Timothy D. Biche, #3 Declaration of Michael Jimeno, #4 Objections to Declaration of Jingni Zhao, #5 Proposed Order)(Attorney Timothy Daniel Biche added to party Matthew T. Albence(pty:res), Attorney Timothy Daniel Biche added to party James Janecka(pty:res), Attorney Timothy Daniel Biche added to party David A. Marin(pty:res), Attorney Timothy Daniel Biche added to party Chad F. Wolf(pty:res))(Biche, Timothy) |
| Filing 7 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER: 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. Additional information about Judge Hatters procedures and schedules can be found on the courts website at www.cacd.uscourts.gov. Counsel for Plaintiff shall immediately. Respondents are to file their opposition to the Temporary Restraining Order by no later than5pm on April 1, 2020. (shb) |
| Filing 6 Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus #1 filed by Petitioner An Thanh Nguyen. (Zhao, Jingni) |
| Filing 5 Emergency EX PARTE APPLICATION for Temporary Restraining Order as to Petitioner's Immediate Release filed by Petitioner An Thanh Nguyen. (Attachments: #1 Declaration of Jingni Zhao, #2 Exhibit A-M to Zhao Declaration, #3 Declaration of Vivian Nguyen, #4 Proposed Order Granting TRO, #5 Proposed Order to Show Cause) (Zhao, Jingni) |
| Filing 4 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 Alicia G. Rosenberg, 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. (lh) |
| Filing 3 NOTICE of Related Case(s) filed by Petitioner An Thanh Nguyen. Related Case(s): 5:20-cv-00590; 5:20-cv-00605; 5:20-cv-00617; 5:20-cv-00625; 5:20-cv-00626; 5:20-cv-00627 (Zhao, Jingni) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner An Thanh Nguyen. (Zhao, Jingni) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-25919019 for $5 filing fee, filed by Petitioner An Thanh Nguyen. (Attorney Jingni Zhao added to party An Thanh Nguyen(pty:pet))(Zhao, Jingni) |
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