Caleb Jose Hernandez Sanchez v. William Barr et al
| Caleb Jose Hernandez Sanchez |
| Matthew T Albence, David Marin, Chad Wolf, James Janecka, U. S. Immigration and Customs ICE, William Barr and U.S. Department of Homeland Security |
| 5:2020cv00751 |
| April 11, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Steve Kim |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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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 ORDER by Judge Terry J. Hatter, Jr. : Pursuant to the Preliminary Injunction issued in Roman( CV 20-768 TJH (PVCx) as a class action). Petitioner is a member of the provisionally certified class. 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. (lc)
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| Filing 17 NOTICE Corrected Notice of Stay filed by Respondents Matthew T Albence, William Barr, James Janecka, David Marin, U. S. Immigration and Customs ICE, U.S. Department of Homeland Security, Chad Wolf. (Darrow, Joseph) |
| Filing 16 NOTICE Of Stay filed by Respondents Matthew T Albence, William Barr, James Janecka, David Marin, U. S. Immigration and Customs ICE, U.S. Department of Homeland Security, Chad Wolf. (Darrow, Joseph) |
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Filing 15
SEALED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. (shb)
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| Filing 14 DECLARATION of Caleb Jose Hernandez Sanchez in support of Emergency NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Adelanto COVID-19 Petition for Writ of Habeas Corpus #1 #2 and in response to the Court's Orders #10 and #13 filed by Petitioner Caleb Jose Hernandez Sanchez. (Hewlett, Douglas) |
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Filing 13
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 declaration (dkt # 12) was not under penalty of perjury. Therefore, the declaration is stricken. Petitioner shall file an amended declaration as soon as possible. (shb)
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| Filing 12 [DOCUMENT STRICKEN PER ORDER #13 . DECLARATION of Caleb Jose Hernandez Sanchez in support of Emergency NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Adelanto COVID-19 Petition for Writ of Habeas Corpus #1 #2 , and in response to the Court's Order #10 filed by Petitioner Caleb Jose Hernandez Sanchez. (Hewlett, Douglas) Modified on 4/16/2020 (shb). |
| Filing 11 DECLARATION of Aaron Cobian Serratos in support of Emergency NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Adelanto COVID-19 Petition for Writ of Habeas Corpus #1 #2 , and in response to the Court's Order #10 filed by Petitioner Caleb Jose Hernandez Sanchez. (Hewlett, Douglas) |
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Filing 10
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 Petitioner, or counsel, shall file, as soon as possible, a supplemental declaration setting forth the address of where Petitioner would reside, with whom Petitioner would reside, and how Petitioner would be transported to that residence, if the Court grants the requested relief. After filing, a copy of the declaration shall be emailed to TJH_chambers.cacd.uscourts.gov. (shb)
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| Filing 9 MEMORANDUM in Opposition to Emergency NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Adelanto COVID-19 Petition for Writ of Habeas Corpus #1 #2 filed by Respondents Matthew T Albence, William Barr, James Janecka, David Marin, U. S. Immigration and Customs ICE, U.S. Department of Homeland Security, Chad Wolf. (Attachments: #1 Exhibit A - Declaration of Gabriel Valdez, #2 Exhibit B- Declaration of David B. Gomez and Exhibit)(Darrow, Joseph) |
| Filing 8 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. Immigration and Customs ICE, U.S. Department of Homeland Security, 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 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. Immigration and Customs ICE(pty:res), Attorney Joseph Anton Darrow added to party U.S. Department of Homeland Security(pty:res), Attorney Joseph Anton Darrow added to party Chad Wolf(pty:res))(Darrow, Joseph) |
| 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 9B. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, Tuesday, April 14, 2020. See order for further details. (shb) |
| Filing 6 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 Steve Kim, 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 5 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Terry J. Hatter, Jr for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Steve Kim. New Case Number 5:20-cv-00751 TJH (SKx). (ghap) |
| Filing 4 CERTIFICATE of Interested Parties filed by Petitioner Caleb Jose Hernandez Sanchez, (Hewlett, Douglas) |
| Filing 3 CIVIL COVER SHEET filed by Petitioner Caleb Jose Hernandez Sanchez. (Hewlett, Douglas) |
| Filing 2 Emergency NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to Adelanto COVID-19 Petition for Writ of Habeas Corpus #1 filed by Petitioner Caleb Jose Hernandez Sanchez. 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 Caleb Jose Hernandez Sanchez) (Hewlett, Douglas) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26054889 for $5 filing fee, filed by Petitioner Caleb Jose Hernandez Sanchez. (Attorney Douglas Eugene Hewlett, Jr added to party Caleb Jose Hernandez Sanchez(pty:pet))(Hewlett, Douglas) |
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