Jose Rey Gutierrez Penaloza v. William P. Barr
| Jose Rey Gutierrez Penaloza |
| William P. Barr |
| 5:2020cv00954 |
| May 1, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Alicia G Rosenberg |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on June 18, 2020. A more recent docket listing may be available from PACER.
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Filing 38
ORDER, [28, 29, 30, 31]by Judge Terry J. Hatter, Jr: IT IS ORDERED that the motion to join James Janecka, David Marin, Matthew T, Albence, and Chad F. Wolf, in their official capacities, as Respondents is GRANTED. IT IS FURTHER ORDERED tha the motion for leave to file an amended habeas petition, the motion to lift the stay, and the motion to expedite the proceedings are DENIED. IT IS FURTHER ORDERED that Petitioner may assert his procedural due process claim regarding the alleged prolonged detention in a separately filed habeas petition. (shb)
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| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #32 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events Other Filings Miscellaneous Filings - Select - Errata. 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) |
| Filing 36 OPPOSITION to First NOTICE OF MOTION AND MOTION to Expedite Proceedings #31 filed by Respondent William P. Barr. (Morgan, Carmel) |
| Filing 35 OPPOSITION to First NOTICE OF MOTION AND MOTION to Lift Stay re Proceedings #29 filed by Respondent William P. Barr. (Morgan, Carmel) |
| Filing 34 OPPOSITION to First NOTICE OF MOTION AND MOTION to Amend Order on Motion to Appear Pro Hac Vice,,,,,, Order on Request for Miscellaneous,,, Order on Motion for Joinder,, #27 , USCA Memorandum/Opinion/Order,, #1 , NOTICE OF MOTION AND MOTION to Stay #2 #28 filed by Respondent William P. Barr. (Morgan, Carmel) |
| Filing 33 NOTICE OF NON-OPPOSITION to First NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Stay #2 #30 filed by Respondent William P. Barr. (Morgan, Carmel) |
| Filing 32 NOTICE of Errata filed by Petitioner Jose Rey Gutierrez Penaloza. (Soni, Munmeeth) |
| Filing 31 First NOTICE OF MOTION AND MOTION to Expedite Proceedings filed by Petitioner Jose Rey Gutierrez Penaloza. Motion set for hearing on 7/13/2020 at 11:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO Petitioner's Motion to Expedite Proceedings, #2 Proposed Order) (Soni, Munmeeth) |
| Filing 30 First NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Stay #2 filed by Petitioner Jose Rey Gutierrez Penaloza. Motion set for hearing on 7/13/2020 at 11:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO Petitioner's Motion to Add James Janecka, David Marin, Matthew T. Albence, and Chad F. Wolf, in their Official Capacities, as Respondents, #2 Proposed Order) (Soni, Munmeeth) |
| Filing 29 First NOTICE OF MOTION AND MOTION to Lift Stay re Proceedings filed by Petitioner Jose Rey Gutierrez Penaloza. Motion set for hearing on 7/13/2020 at 11:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO Motion to Lift Stay, #2 Proposed Order) (Soni, Munmeeth) |
| Filing 28 First NOTICE OF MOTION AND MOTION to Amend Order on Motion to Appear Pro Hac Vice,,,,,, Order on Request for Miscellaneous,,, Order on Motion for Joinder,, #27 , USCA Memorandum/Opinion/Order,, #1 , NOTICE OF MOTION AND MOTION to Stay #2 filed by Petitioner Jose Rey Gutierrez Penaloza. Motion set for hearing on 7/13/2020 at 11:00 AM before Judge Terry J. Hatter Jr. (Attachments: #1 Memorandum Memorandum of Points and Authorities ISO Petitioner's Motion for Leave to Filed Amended Petition for Writ of Habeas Corpus, #2 Exhibit Exhibit A [Proposed] Amended Petition for Writ of Habeas Corpus, #3 Proposed Order Proposed Order) (Soni, Munmeeth) |
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Filing 27
MINUTES 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 Pro Hac Vice applications [13 and 14] are hereby denied as moot. The Petitioner's notice #20 and notice of decision and request to lift stay is not a properly notice motion and the Court will not act on it. The Court further orders the Petitioner's motion #22 for joinder in notice of motion to stay was not properly notice and is hereby stricken. (shb)
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Filing 26
ORDER by Judge Terry J. Hatter, Jr.: GRANTING #19 Non-Resident Attorney Jeremy S. Kreisberg APPLICATION to Appear Pro Hac Vice on behalf of Petitioner, Jose Rey Gutierrez Penaloza, designating Munmeeth K. Soni as local counsel. (shb)
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Filing 25
ORDER by Judge Terry J. Hatter, Jr: GRANTING #18 Non-Resident Attorney Elaine J. Goldenberg APPLICATION to Appear Pro Hac Vice on behalf of Petitioner, Jose Rey Gutierrez Penaloza, designating Munmeeth K. Soni as local counsel. (shb)
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Filing 24
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 23 OPPOSITION to Petitioner's Request to Lift Stay filed by Respondent William P. Barr. (Morgan, Carmel) |
| Filing 22 First NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Stay #2 filed by Petitioner Jose Rey Gutierrez Penaloza. (Soni, Munmeeth) |
| Filing 21 BRIEF filed by Petitioner Jose Rey Gutierrez Penaloza. regarding USCA Memorandum/Opinion/Order,, #1 , NOTICE OF MOTION AND MOTION to Stay #2 . (Soni, Munmeeth) |
| Filing 20 NOTICE of Decision: Notice of Decision and Request to Lift Stay filed by Petitioner Jose Rey Gutierrez Penaloza. (Soni, Munmeeth) Modified on 6/2/2020 (shb). |
| Filing 19 Second APPLICATION of Non-Resident Attorney Jeremy S. Kreisberg to Appear Pro Hac Vice on behalf of Petitioner Jose Rey Gutierrez Penaloza (Pro Hac Vice Fee - $400.00 Previously Paid on 5/6/2020, Receipt No. ACACDC-26357308) filed by Petitioner Jose Rey Gutierrez Penaloza. (Attachments: #1 Proposed Order Proposed G-64 Order) (Soni, Munmeeth) |
| Filing 18 Second APPLICATION of Non-Resident Attorney Elaine J. Goldenberg to Appear Pro Hac Vice on behalf of Petitioner Jose Rey Gutierrez Penaloza (Pro Hac Vice Fee - $400.00 Previously Paid on 5/6/2020, Receipt No. ACACDC-26356972) filed by Petitioner Jose Rey Gutierrez Penaloza. (Attachments: #1 Proposed Order Proposed G-64 Order) (Soni, Munmeeth) |
| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney Elaine J. Goldenberg to Appear Pro Hac Vice on behalf of Petitioner Jose Rey Gutierrez Penaloza (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26356972) #13 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lom) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Munmeeth Kaur Soni counsel for Petitioner Jose Rey Gutierrez Penaloza. Troy Elder is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Petitioner Jose Rey Gutierrez Penaloza. (Soni, Munmeeth) |
| Filing 17 RESPONSE filed by Pro Hac Vice attorney Keren Zwick on behalf of Petitioner Jose Rey Gutierrez Penaloza. RE: Notice of Filing Fee Due or Order re PHV. PHV fee N/A.I am not appearing as an attorney of record in this case. (You will be removed as an attorney of record from the docket.) (lom) Modified on 5/8/2020 (lom). |
| Filing 14 First APPLICATION of Non-Resident Attorney Jeremy S. Kreisberg to Appear Pro Hac Vice on behalf of Petitioner Jose Rey Gutierrez Penaloza (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26357308) filed by Petitioner Jose Rey Gutierrez Penaloza. (Attachments: #1 Proposed Order Proposed G-64 Order) (Soni, Munmeeth) |
| Filing 13 First APPLICATION of Non-Resident Attorney Elaine J. Goldenberg to Appear Pro Hac Vice on behalf of Petitioner Jose Rey Gutierrez Penaloza (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26356972) filed by Petitioner Jose Rey Gutierrez Penaloza. (Attachments: #1 Proposed Order Proposed G-64 Order) (Soni, Munmeeth) |
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Filing 12
STAY ORDER by Judge Terry J. Hatter, Jr. Petitioner is a member of the provisionally certified class in Roman. Therefore, IT IS ORDERED that pending a final resolution of Roman, this case be, and hereby is, STAYED. (shb)
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| Filing 11 NOTICE Notice of Stay filed by Respondent William P. Barr. (Morgan, Carmel) |
| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Hannah Karin Comstock counsel for Petitioner Jose Rey Gutierrez Penaloza. Adding Hannah Karin Comstock as counsel of record for Jose Rey Gutierrez Penaloza for the reason indicated in the G-123 Notice. Filed by Plaintiff Jose Rey Gutierrez Penaloza. (Attorney Hannah Karin Comstock added to party Jose Rey Gutierrez Penaloza(pty:pet))(Comstock, Hannah) |
| Filing 9 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.s (shb) Modified on 5/27/2020 (shb). |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Keren Zwick. 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. (ghap) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Jeremy S Kreisberg. 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. (ghap) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Elaine J Goldenberg. 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. (ghap) |
| 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 Alicia G. Rosenberg, 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 4 PETITIONER'S REPLY in Support of Emergency Motion under Circuit Rule 27-3 to Remand for the Limited Purpose of Release Pursuant to the all Writs Act PETITIONER'S EMERGENCY MOTION #2 filed by Petitioner Jose Rey Gutierrez Penaloza. (ghap) |
| Filing 3 RESPONDENT'S OPPOSITION to Petitioner's Emergency Motion Under Circuit Rule 27-3 to Remand for the Limited Purpose or Release Pursuant to the All Writs re: PETITIONER'S EMERGENCY MOTION #2 filed by Respondent William P. Barr. (ghap) Modified on 5/1/2020 (ghap). |
| Filing 2 PETITIONER'S EMERGENCY MOTION Under Circuit Rule 27-3 to Remand for the Limited Purpose of Release Pursuant to the all Writs Act filed by petitioner Jose Rey Gutierrez Penaloza. (ghap) |
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Filing 1
ORDER from Ninth Circuit Court of Appeals filed 4/30/2020; CCA # 18-72993. The Clerk will transfer supplemented motion, opposition, and reply (Docket Entry Nos. 44,47,48) to the United States District Court for the Central District of California, and will serve this order on the district court. The district court shall determine whether these documents, which this court provisionally sealed, should remain sealed. This order is not intended to limit the parties ability to supplement their papers with further argument and/or evidence, subject to discretion of the district court. The petition for review remains pending. Briefing remains stayed. (ghap)
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