Alvaro Gonzalez Martinez v. William Barr
| Alvaro Gonzalez Martinez |
| William Barr |
| 5:2020cv00949 |
| May 1, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Alexander F MacKinnon |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 17
ORDER by Judge Terry J. Hatter, Jr. IT IS ORDERED that the May 11, 2020, order to show cause, be and hereby is VACATED. IT IS FURTHER ORDERED that Respondents shall file by July 6, 2020, a response to Petitioner's Fourth Amendment claim in his petition for a writ of habeas corpus, and Petitioner shall file his traverse by July 27, 2020. The matter will then stand submitted. (shb)
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Filing 16
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. While the petition sets forth significant legal issues, there are significant disparities in the facts as set forth by the parties. 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. 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. July 31, 2020: Discovery Cut Off; August 10, 2020: Substantive Motion Filing Deadline; August 27, 2020: Motion in Limine Filing Deadline; September 14, 2020: Final Pretrial Conference; October 6, 2020: Evidentiary hearing and court trial 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. Consequently, the Court will entertain a class-wide motion for bail. If such a motion is filed and granted, the Court will, thereafter, individually consider whether each class member is eligible for bail, with or without conditions of release. The Clerk of Court shall file a copy of this order in each of the related, individually filed Adelanto habeas cases to give notice of the Court's willingness to entertain motions to intervene for the limited purpose of seeking bail. A list of those cases is attached to this order. (bm)
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| Filing 15 REPLY filed by Petitioner Alvaro Gonzalez Martinez to Reply (Motion related) #14 (Attachments: #1 Certificate of Service)(Brooks, Carlo) |
| Filing 14 REPLY opposition to Petitioner's Response to OSC filed by Respondent William Barr. (Attachments: #1 Exhibit Exhibits to Reply)(Gevas, Andrea) |
| Filing 13 RESPONSE filed by Petitioner Alvaro Gonzalez Martinezto Order to Show Cause,, #10 (Attachments: #1 Certificate of Service)(Brooks, Carlo) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #11 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel. Other error(s) with document(s): To find the correct event, please use the search feature for form name and/or number. Also this allows you to add yourself as an attorney to the case. 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. (lom) |
| Filing 11 NOTICE of Appearance (Goldman, Daniel) |
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Filing 10
ORDER TO SHOW CAUSE by Judge Terry J. Hatter, Jr. IT IS ORDERED that Petitioner shall show cause, if he has any, as to why the Court should not dismiss his Fourth Amendment claim for lack of jurisdiction. Petitioner's response, if any, to this order to show cause shall be filed by May 18, 2020. The Government's opposition, if any, to the Petitioner's response shall be filed by May 26, 2020.Petitioner's reply, if any, shall be filed by June 1, 2020. The matter will, then, stand submitted. (shb)
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Filing 9
PARTIAL STAY ORDER by Judge Terry J. Hatter, Jr. Petitioner is a member of the provisionally certified class in Roman. IT IS ORDERED that pending a final resolution of Roman, Petitioner's Fifth Amendment substantive due process claims in this case be, and hereby are, STAYED. (shb)
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| Filing 8 NOTICE Petitioner's Response to Government's Notice of Stay filed by Petitioner Alvaro Gonzalez Martinez. (Attachments: #1 Certificate of Service)(Brooks, Carlo) |
| Filing 7 NOTICE to stay proceedings filed by Respondent William Barr. (Gevas, Andrea) |
| 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. 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 Alexander F. MacKinnon, 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 4 PETITIONER'S REPLY in Support of 27-3 Motion to Stay Removal and Remand Pursuant to the all Writ Act, filed by Petitioner Alvaro Gonzalez Martinez. (lh) |
| Filing 3 RESPONDENT'S OPPOSITION to Petitioner's Emergency Motion to Stay Petitioner's Removal and Remand Pursuant to the All Writs Act opposition re: NOTICE OF MOTION AND MOTION for Order #2 filed by Respondent William Barr. (lh) |
| Filing 2 PETITIONER'S EMERGENCY MOTION Under Circuit Rules 27-3 to Stay Petitioner's Removal and Remand Pursuant to the all Writs Act, filed by Petitioner Alvaro Gonzalez Martinez. (lh) |
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Filing 1
ORDER from Ninth Circuit Court of Appeals filed 04/30/2020; CCA # 20-70484. The district court retains jurisdiction under 28 USC 2241 to consider habeas Challenges to Immigration detention, we construe petitioner's motion for release from detention as petition for writ of habeas corpus and transfer it to the Central District of California. (lh)
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| Petitioner: Alvaro Gonzalez Martinez | |
| Represented By: | Carlo Brooks |
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| Respondent: William Barr | |
| Represented By: | Assistant 2241-194 US Attorney LA-CV |
| Represented By: | OIL-DCS Trial Attorney |
| Represented By: | Andrea N Gevas |
| Represented By: | Daniel E Goldman |
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