Jeffrey Hernandez Arevalo v. William Barr et al
| Jeffrey Hernandez Arevalo |
| CHAD F WOLF, Matthew T Albence, James Janecka, US Immigration and Customs Enforcement, Department of Homeland Security, WILLIAM P. BARR, David A Marin, Chad Wolf and William Barr |
| 5:2020cv00712 |
| April 7, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Jean P Rosenbluth |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 33
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 32
ORDER by Judge Terry J. Hatter, Jr: granting #22 Non-Resident Attorney Kyla P.S. Magun APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Jeffrey Hernandez Arevalo, designating Mark Rosenbaum as local counsel. (bm)
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Filing 31
ORDER by Judge Terry J. Hatter, Jr: granting #21 Non-Resident Attorney Dylan S Cowit APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Jeffrey Hernandez Arevalo, designating Mark Rosenbaum as local counsel. (bm)
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Filing 30
ORDER by Magistrate Judge Jean P. Rosenbluth: GRANTING #23 Non-Resident Attorney Michael Skocpol APPLICATION to Appear Pro Hac Vice on behalf of Jeffrey Hernandez Arevalo, designating Mark Rosenbaum as local counsel. (es)
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Filing 29
ORDER by Magistrate Judge Jean P. Rosenbluth: GRANTING #20 #28 Non-Resident Attorney Joshua A. Matz APPLICATION to Appear Pro Hac Vice on behalf of Jeffrey Hernandez Arevalo, designating Mark Rosenbaum as local counsel. (es)
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| Filing 28 APPLICATION of Non-Resident Attorney Joshua A. Matz to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400.00 Previously Paid on 4/24/2020, Receipt No. 26213931) filed by Petitioner Jeffrey Hernandez Arevalo. (Attachments: #1 Proposed Order, #2 Exhibit) (Rosenbaum, Mark) |
| Filing 27 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael Skocpol to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214319) #23 . The following error(s) was/were found: Hearing date set, but no hearing required. (Thrasher, Lupe) |
| Filing 26 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kyla P.S. Magun to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214227) #22 , APPLICATION of Non-Resident Attorney Joshua A. Matz to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26213931) #20 , APPLICATION of Non-Resident Attorney Dylan S. Cowit to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214083) #21 . The following error(s) was/were found: Hearing date set, but no hearing required. Letter does not comply with Local Rule 11 in format. Declaration of attorney should have been attached to PHV application. (Thrasher, Lupe) |
| Filing 25 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Kyla P.S. Magun to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214227) #22 , APPLICATION of Non-Resident Attorney Joshua A. Matz to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26213931) #20 , APPLICATION of Non-Resident Attorney Dylan S. Cowit to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214083) #21 . The following error(s) was/were found: Hearing date set, but no hearing required. Letter does not comply with Local Rule 11 in format. Declaration of attorney should have been attached to PHV application. (Thrasher, Lupe) |
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Filing 24
STAY ORDER by Judge Terry J. Hatter, Jr., 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. Further Ordered that pending a final resolution of Roman, this case be, and hereby is, Stayed. (See document for further details). (jp)
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| Filing 23 APPLICATION of Non-Resident Attorney Michael Skocpol to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214319) filed by Petitioner Jeffrey Hernandez Arevalo. Application set for hearing on 4/27/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Order, #2 Exhibit) (Rosenbaum, Mark) |
| Filing 22 APPLICATION of Non-Resident Attorney Kyla P.S. Magun to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214227) filed by Petitioner Jeffrey Hernandez Arevalo. Application set for hearing on 4/27/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit) (Rosenbaum, Mark) |
| Filing 21 APPLICATION of Non-Resident Attorney Dylan S. Cowit to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26214083) filed by Petitioner Jeffrey Hernandez Arevalo. Application set for hearing on 4/27/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Order, #2 Exhibit) (Rosenbaum, Mark) |
| Filing 20 APPLICATION of Non-Resident Attorney Joshua A. Matz to Appear Pro Hac Vice on behalf of Petitioner Jeffrey Hernandez Arevalo (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26213931) filed by Petitioner Jeffrey Hernandez Arevalo. Application set for hearing on 4/27/2020 at 10:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Rosenbaum, Mark) |
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Filing 19
ORDER by Judge Terry J. Hatter, Jr: GRANTING #17 MOTION for Leave to File Memorandum of Points and Authorities in Excess of 25 Pages. (shb)
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Filing 18
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, the Court issued a temporary restraining order [TRO] in this case on April 10, 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 24, 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 8, 2020. (shb)
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| Filing 17 NOTICE OF MOTION AND MOTION to Exceed Page Limitation Petitioners' Reply In Support of Preliminary Injunction filed by Petitioner Jeffrey Hernandez Arevalo. Motion set for hearing on 4/23/2020 at 09:30 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Order) (Rosenbaum, Mark) |
| Filing 16 REPLY In Support of Preliminary Injunction and Proposed Findings of Fact and Conclusions of Law filed by Petitioner Jeffrey Hernandez Arevalo. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Rosenbaum, Mark) |
| Filing 15 RESPONSE filed by Respondents Matthew T Albence, William Barr, Department of Homeland Security, James Janecka, David A Marin, US Immigration and Customs Enforcement, Chad Wolfto Temporary Restraining Order,,,, Set/Reset Deadlines,,, #14 (Attachments: #1 Declaration of Gabriel Valdez, #2 Proposed Order Denying Preliminary Injunction and Discharging Order To Show Cause)(Lacayo, Fatimargentina) |
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Filing 14
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, #2 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 11, 2020, release Petitioner Jeffrey Herndanez Arevalo 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 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 17, 2020. Petitioners reply, if any, to Respondents response shall be filed by Noon on April 22, 2020. The matter will then stand submitted. (shb)
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| Filing 13 REPLY In Support of NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioner Jeffrey Hernandez Arevalo #2 filed by Petitioner Jeffrey Hernandez Arevalo. (Rosenbaum, Mark) |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Dylan Cowit. 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 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Michael Skocpol. 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 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kyla Magun. 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 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joshua A. Matz. 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 8 OPPOSITION re: NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioner Jeffrey Hernandez Arevalo #2 filed by Respondents Matthew T Albence, William Barr, Department of Homeland Security, James Janecka, David A Marin, US Immigration and Customs Enforcement, Chad Wolf. (Attachments: #1 Exhibit 1, #2 Declaration of Gabriel Valdez, #3 Declaration of Anthony Santana)(Lacayo, Fatimargentina) |
| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Fatimargentina M Lacayo counsel for Respondents Matthew T Albence, William Barr, Department of Homeland Security, James Janecka, David A Marin, US Immigration and Customs Enforcement, Chad Wolf. Adding Fatimargentina Lacayo as counsel of record for William Barr, Chad Wolf, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Matthew T. Albence, David A. Marin and James Janecka for the reason indicated in the G-123 Notice. Filed by Respondents William Barr, Chad Wolf, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Matthew T. Albence, David A. Marin and James Janecka. (Attorney Fatimargentina M Lacayo added to party Matthew T Albence(pty:res), Attorney Fatimargentina M Lacayo added to party William Barr(pty:res), Attorney Fatimargentina M Lacayo added to party Department of Homeland Security(pty:res), Attorney Fatimargentina M Lacayo added to party James Janecka(pty:res), Attorney Fatimargentina M Lacayo added to party David A Marin(pty:res), Attorney Fatimargentina M Lacayo added to party US Immigration and Customs Enforcement(pty:res), Attorney Fatimargentina M Lacayo added to party Chad Wolf(pty:res))(Lacayo, Fatimargentina) |
| Filing 6 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. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm on April 9, 2020. See order for further details. (shb) |
| Filing 5 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 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. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Petitioner Jeffrey Hernandez Arevalo, (Rosenbaum, Mark) |
| Filing 3 CIVIL COVER SHEET filed by Petitioner Jeffrey Hernandez Arevalo. (Rosenbaum, Mark) |
| Filing 2 NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Seeking Immediate Release of Petitioner Jeffrey Hernandez Arevalo filed by Petitioner Jeffrey Hernandez Arevalo. Motion set for hearing on 4/10/2020 at 09:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Proposed Order Proposed Order) (Rosenbaum, Mark) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26006067 for $5 filing fee, filed by Petitioner Jeffrey Hernandez Arevalo. (Attachments: #1 Declaration Exhibit A, #2 Declaration Exhibit B, #3 Declaration Exhibit C, #4 Declaration Exhibit D, #5 Declaration Exhibit E, #6 Declaration Exhibit F) (Attorney Mark D Rosenbaum added to party Jeffrey Hernandez Arevalo(pty:pet))(Rosenbaum, Mark) |
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