Zarco Silva Pedro v. William P. Barr et al
Petitioner: Zarco Silva Pedro
Respondent: GEO Group Inc., GEO Secure Services, William P. Barr, David A. Marin, James Janecka, Matthew T. Albence and Chad F. Wolf
Case Number: 5:2020cv00789
Filed: April 8, 2020
Court: US District Court for the Central District of California
Presiding Judge: Patricia Donahue
Referring Judge: Terry J Hatter
2 Judge: Jean P Rosenbluth
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 13, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2020 Opinion or Order Filing 35 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 a.m., 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. (mrgo)
May 12, 2020 Filing 34 REPLY in Support of Request to Lift Stay filed by Petitioner Zarco Silva Pedro. (Young, Patricia)
May 11, 2020 Filing 33 OPPOSITION Federal Respondents Opposition To Petitioner Zarco Silva Pedro Request To Lift Stay filed by Respondents Matthew T. Albence, William P. Barr, James Janecka, David A. Marin, Chad F. Wolf. (Quist, Sarah)
May 8, 2020 Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #31 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. A separate motion/request to lift stay and proposed order must be filed In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb)
May 7, 2020 Filing 31 NOTICE of Decision and Request to Lift Stay Order filed by Petitioner Zarco Silva Pedro. (Young, Patricia)
May 4, 2020 Opinion or Order Filing 30 ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 20-075 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,IT IS HEREBY ORDERED that the following cases are transferred from thecalendar of Magistrate Judge Jean P. Rosenbluth to the calendar of Magistrate JudgePatricia A. Donahue for all further proceedings. All documents subsequently filed shall bear this new case designation 5:20-cv-00789 TJH (PD). (esa)
April 27, 2020 Opinion or Order Filing 29 STAY ORDER by Judge Terry J. Hatter, Jr.: Petitioner is a member of the provisionally certified class in Roman. Accordingly, IT IS ORDERED that pending a final resolution of Roman, this case be, and hereby is, STAYED. (shb)
April 21, 2020 Filing 28 REPLY in Support of APPLICATION for Temporary Restraining Order as to Immediate Release from Immigration Detention #25 filed by Petitioner Zarco Silva Pedro. (Attachments: #1 Exhibit D, #2 Exhibit E)(Young, Patricia)
April 20, 2020 Filing 27 MEMORANDUM in Opposition to APPLICATION for Temporary Restraining Order as to Immediate Release from Immigration Detention #25 Memorandum In Opposition To Petitioner Zarco Silva Pedro Application For A Temporary Restraining Order filed by Respondents Chad F. Wolf, Matthew T. Albence, David A. Marin, James Janecka. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith)(Attorney Sarah M S Quist added to party Chad F. Wolf(pty:res), Attorney Sarah M S Quist added to party Matthew T. Albence(pty:res), Attorney Sarah M S Quist added to party David A. Marin(pty:res), Attorney Sarah M S Quist added to party James Janecka(pty:res))(Quist, Sarah)
April 17, 2020 Opinion or Order Filing 26 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 Respondents are to file their opposition to the Temporary Restraining Order by no later than 5 pm, April 20, 2020. (shb)
April 17, 2020 Filing 25 APPLICATION for Temporary Restraining Order as to Immediate Release from Immigration Detention filed by Petitioner Zarco Silva Pedro. (Attachments: #1 Proposed Order Temporary Restraining Order, #2 Proposed Order Order to Show Cause) (Young, Patricia)
April 17, 2020 Filing 24 First AMENDED PETITION against Respondent William P. Barr, GEO Group Inc. amending Petition for Writ of Habeas Corpus (2241),, #1 , filed by Petitioner Zarco Silva Pedro (Attachments: #1 Exhibit A-C)(Young, Patricia)
April 15, 2020 Filing 23 NOTICE OF APPEARANCE OR REASSIGNMENT of Deputy Public Defender Patricia Ann Young on behalf of Petitioner Zarco Silva Pedro. Filed by Petitioner Zarco Silva Pedro. (Attorney Patricia Ann Young added to party Zarco Silva Pedro(pty:pet))(Young, Patricia)
April 14, 2020 Filing 22 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. (jp)
April 13, 2020 Opinion or Order Filing 21 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 Federal Public Defender is appointed to represent all of the Petitioners in this case. The applications for Temporary Restraining Orders are denied without prejudice and with leave torenew. Petitioner Sekona's application for a temporary restraining order lacks sufficient legal and factual grounds to support the relief sought. Further, Petitioner Sekona cannot represent, in pro per, other petitioners. Petitioners Sanchez Neyron Victor, Lopez Martinez Francisco, Zeferino Hernandez Jesus, Zarco Silva Pedro, Barreiro Vital Antonio, Salvador Chavez Gonzalez, Daniel Alverto Varela Reyes, Manzo Toro Efrain, Duarte Moris Giron, Martinez Lizalde Dante, Pop Jonathan, and Martinez Fuentes Javier all are hereby severed from this case and the Clerk's Office will assign a new civil case number for each individual and copy all of the documents from the original case to the new cases. Each Adelanto-related habeas petition shall be limited to a single petitioner. The Federal Public Defender shall file amended petitions and amended applications for TemporaryRestraining Orders on behalf of each Petitioner. After the amended applications for a Temporary Restraining Order are filed, copies shall be emailed to TJH_chambers@cacd.uscourts.gov. (jp)
April 10, 2020 Filing 20 MEMORANDUM in Opposition To Petitioner Salvador Chavez Gonzalezs Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Brandon Burdick, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 19 MEMORANDUM in Opposition To Petitioner Martinez Lizalde Dantes Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Sarah Quist, #2 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 18 MEMORANDUM in Opposition To Petitioner Barriero Vial Franciscos Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 17 MEMORANDUM in Opposition To Petitioner Samani Sosefo Sekonas Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 16 MEMORANDUM in Opposition To Petitioner Sanchez Neyron Victors Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 15 MEMORANDUM in Opposition To Petitioner Fernandez Ramirez Roberts Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 14 MEMORANDUM in Opposition To Petitioner Lopez Martinez Franciscos Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 13 MEMORANDUM in Opposition To Petitioner Zarco Silva Pedros Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 12 MEMORANDUM in Opposition Respondents Memorandum In Opposition To Petitioner Manzo Toro Efrains Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Ryan Smith, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 11 MEMORANDUM in Opposition To Petitioner Duarte Moris Girons Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Brandon Burdick, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 10 MEMORANDUM in Opposition To Petitioner Jesus Zeferino-Hernandezs Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Brandon Burdick, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 9 MEMORANDUM in Opposition To Petitioner Daniel Alverto Valera Reyess Application For A Temporary Restraining Order filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Brandon Burdick, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 8 MEMORANDUM in Opposition filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Brandon Burdick, #3 Proof of Service)(Quist, Sarah)
April 10, 2020 Filing 7 MEMORANDUM in Opposition filed by Respondent William P. Barr. (Attachments: #1 Declaration of Gabriel Valdez, #2 Declaration of Brandon Burdick, #3 Proof of Service)(Quist, Sarah)
April 9, 2020 Filing 6 PROOF OF SERVICE filed by Respondent William P. Barr, re Notice of Appearance or Withdrawal of Counsel (G-123), #4 served on 4/9/2020. (Quist, Sarah)
April 9, 2020 Filing 5 PROOF OF SERVICE filed by Respondent William P. Barr, re Notice of Appearance or Withdrawal of Counsel (G-123), #4 served on 4/9/2020. (Quist, Sarah)
April 9, 2020 Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah M S Quist counsel for Respondent William P. Barr. Adding Sarah Quist as counsel of record for William P. Barr for the reason indicated in the G-123 Notice. Filed by Respondent William P. Barr. (Attorney Sarah M S Quist added to party William P. Barr(pty:res))(Quist, Sarah)
April 9, 2020 Filing 3 MINUTE IN CHAMBERS NEW CASE BEFORE JUDGE HATTER: by Judge Terry J. Hatter, Jr: This action has been assigned to the calendar of HONORABLE TERRY J. HATTER, JR., United States District Judge. Please include the initials TJH on all documents pertaining to this case, as documents are routed using the judge's 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.usoourts.gov. with appropriate inquiries. Judge Hatter's 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 p.m., April 10, 2020. See order for further details. (shb)
April 8, 2020 Filing 2 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 Charles F. Eick, 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. (Attachments: #1 CV111/CV69) (jtil)
April 8, 2020 Filing 1 EMERGENCY PETITION FOR EXTRAORDINARY CIRCUMSTANCES; TEMPORARY RESTRAINING ORDER for Writ of Habeas Corpus by a Person In Federal Custody (28:2241), filed by Petitioners Barreiro Vital Antonio, Sanchez Neyron Victor, Zeferino Hernandez Jesus, Pop Jonathan, Salvador Chavez Gonzalez, Duarte Moris Giron, Manzo Toro Efrain, Lopez Martinez Francisco, Samani Sosefo Sekona, Martinez Fuentes Javier, Daniel Alverto Varela Reyes, Zarco Silva Pedro, Martinez Lizalde Dante. Case assigned to Judge Terry J. Hatter, Jr and referred to Magistrate Judge Charles F. Eick. (Filing fee $ 5 Due). (jtil) Modified on 4/8/2020 (jtil).

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Respondent: GEO Group Inc.
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: GEO Secure Services
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
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Respondent: William P. Barr
Represented By: OIL-DCS Trial Attorney
Represented By: Assistant 2241-194 US Attorney LA-CV
Represented By: Sarah M S Quist
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Respondent: David A. Marin
Represented By: Sarah M S Quist
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Respondent: James Janecka
Represented By: Sarah M S Quist
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Respondent: Matthew T. Albence
Represented By: Sarah M S Quist
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Respondent: Chad F. Wolf
Represented By: Sarah M S Quist
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Petitioner: Zarco Silva Pedro
Represented By: Patricia Ann Young
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