Mebrahtom Habete Zeweldi v. William P. Barr et al
| Mebrahtom Habte Zeweldi |
| Matthew T Albence, David Marin, James Janecka, Immigration and Customs Enforcement, William P. Barr, Chad F. Wolf and Homeland Security |
| 5:2020cv00759 |
| April 13, 2020 |
| US District Court for the Central District of California |
| Patricia Donahue |
| Terry J Hatter |
| Rozella A Oliver |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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Filing 14
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 13
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 20-082 by Magistrate Judge Paul L. Abrams. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Patricia A. Donahue, this case is transferred from the calendar of Magistrate Judge Rozella A. Oliver to the calendar of Patricia A Donahue for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation 5:20-cv-00759 TJH (PD) absent further order of the Court. (mrgo)
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Filing 12
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 11 RESPONSE filed by Respondents Matthew T Albence, William P. Barr, Immigration and Customs Enforcement, James Janecka, David Marin, Homeland Security, Chad F. Wolfto Temporary Restraining Order,,,,, Order to Show Cause,,,, #10 Response to Order to Show Cause as to Why the TRO Should Not Be Converted into a Preliminary Injunction (Attachments: #1 Exhibit A - Updated Declaration of Gabriel Valdez, #2 Exhibit B - April 17, 2020 IJ Order Denying Bond)(Darrow, Joseph) |
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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 hereby is, GRANTED. IT IS FURTHER ORDERED that Respondents shall, by 5:00 p.m. on April 17, 2020, release Petitioner Mebrahtom Habte Zeweldi, pending further order of this Court, if he has not been otherwise released by that time as a result of this bond hearing scheduled for April 17, 2020. IT IS FURTHER ORDERED that Petitioner shall not violate any federal, state of local laws after being 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 22, 2020. Petitioner's reply, if any to Respondents' response shall be filed by Noon on April 27, 2020. The matter will then stand submitted. (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 #4 filed by Respondents Matthew T Albence, William P. Barr, Immigration and Customs Enforcement, James Janecka, David Marin, Homeland Security, Chad F. Wolf. (Attachments: #1 Exhibit A - Declaration of Gabriel Valdez, #2 Exhibit B- Declaration of Sarin Rim)(Darrow, Joseph) |
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Filing 8
MINUTE ORDER (IN CHAMBERS) -NEW CASE BEFORE JUDGE HATTER by Judge Terry J. Hatter, Jr.: This action has been assigned to the calendar of the HONORABLE TERRY J. HATTER, JR., United States District Judge. Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, Tuesday, April 14, 2020. IT IS SO ORDERED. (see document for further details) (bm)
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| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Anton Darrow counsel for Respondents Matthew T Albence, William P. Barr, Immigration and Customs Enforcement, James Janecka, David Marin, Homeland Security, Chad F. 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 P. Barr(pty:res), Attorney Joseph Anton Darrow added to party Immigration and Customs Enforcement(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 Homeland Security(pty:res), Attorney Joseph Anton Darrow added to party Chad F. Wolf(pty:res))(Darrow, Joseph) |
| Filing 6 CERTIFICATE of Interested Parties filed by Petitioner Mebrahtom Habte Zeweldi, (Hewlett, Douglas) |
| Filing 5 CIVIL COVER SHEET filed by Petitioner Mebrahtom Habte Zeweldi. (Hewlett, Douglas) |
| Filing 4 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 Mebrahtom Habte Zeweldi. Motion set for hearing on 4/14/2020 at 08:30 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Declaration of Dr. Ranit Mishori, #2 Declaration of Mebrahtom Habte Zeweldi) (Hewlett, Douglas) |
| Filing 3 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 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 2 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 Rozella A. Oliver. New Case Number 5:20-cv-00759 TJH (RAO). (jtil) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-26064548 for $5 filing fee, filed by Petitioner Mebrahtom Habte Zeweldi. (Attachments: #1 Declaration of Dr. Ranit Mishori) (Attorney Douglas Eugene Hewlett, Jr added to party Mebrahtom Habte Zeweldi(pty:pet))(Hewlett, Douglas) |
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