Ruben Poghosyan v. Chad F. Wolf et al
| Ruben Poghosyan |
| Chad F. Wolf, Matthew T. Albence, David Marin and James Janecka |
| 5:2020cv02295 |
| November 2, 2020 |
| US District Court for the Central District of California |
| Terry J Hatter |
| Alexander F MacKinnon |
| Otis D Wright |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE OF FILING TRANSCRIPT filed for proceedings November 18, 2020 at 8:39 a.m. re Transcript #36 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Elias, Laura) TEXT ONLY ENTRY |
| Filing 36 TRANSCRIPT for proceedings held on November 18, 2020 at 8:39 a.m. Court Reporter/Electronic Court Recorder: Laura Elias, phone number 213-894-0374. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/7/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/17/2021. (Elias, Laura) |
| Filing 35 NOTICE OF FILING TRANSCRIPT filed for proceedings 12-02-20, 8:07 am re Transcript #34 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Algorri, Miranda) TEXT ONLY ENTRY |
| Filing 34 TRANSCRIPT for proceedings held on 12-02-20, 8:07 am. Court Reporter/Electronic Court Recorder: Miranda Algorri, phone number/email mirandaalgorri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/6/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/16/2021. (Algorri, Miranda) |
| Filing 33 TRANSCRIPT ORDER as to respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf DCN number: R21CACA0214 for Court Reporter. (Kaloustian, Mariam) |
| Filing 32 TRANSCRIPT ORDER as to respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf DCN number: R21CACA0213 for Court Reporter. (Kaloustian, Mariam) |
Filing 31
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court GRANTS Petitioner's request for a preliminary injunction and temporarily STAYS his removal from the United States until the Board of Immigration Appeals has finally adjudicated Petitioners pending appeal and motion to reopen. The Court waives any bond requirement on the injunction. (lc)
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| Filing 30 MINUTES OF TRO HEARING (by zoom) held before Judge Otis D. Wright, II: Case called, appearances made. The Court hears oral argument of counsel. The preliminary injunction will issue temporarily staying Mr. Poghosyan's removal. A final order will issue. Court Reporter: Miranda Algorri (zoom). (lc) |
| Filing 29 Notice of Release from Adelanto ICE Processing Facility filed by Petitioner Ruben Poghosyan (Araujo, Annelise) |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration (Motion related) #25 , Declaration (Motion related) #26 by Petitioner. The following error(s) was/were found: Title page is missing. Other error(s) with document(s): MISSING FORMAL TITLE PAGE AND ITS LR-11-3.8 required filer, attorney, court and case information. 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. (lc) |
| Filing 27 MINUTES OF TRO #2 Hearing held before Judge Otis D. Wright, II: Case called, appearances made by zoom. The Court having carefully considered the papers, and having heard oral argument of counsel, continues the hearing until December 2, 2020 at 8:00 a.m. via zoom. The Court is extending the TRO an additional 14 days. Court Reporter: Laura Elias(zoom). (lc) Modified on 11/18/2020 (lc). |
| Filing 26 DECLARATION of Ruben Poghosyan In Support Of First EX PARTE APPLICATION for Temporary Restraining Order as to removal from United States #2 filed by Petitioner Ruben Poghosyan. (Araujo, Annelise) |
| Filing 25 DECLARATION of Ruben Poghosyan In Support Of First EX PARTE APPLICATION for Temporary Restraining Order as to removal from United States #2 filed by Petitioner Ruben Poghosyan. (Araujo, Annelise) |
| Filing 24 REPLY In support filed by Petitioner Ruben Poghosyan. (Araujo, Annelise) |
| Filing 23 Notice of Withdrawal of Response #21 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Kaloustian, Mariam) |
| Filing 22 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Order on Motion for Temporary Restraining Order,, #17 (Kaloustian, Mariam) |
| Filing 21 RESPONSE filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolfto Minutes of In Chambers Order/Directive - no proceeding held, #20 (Kaloustian, Mariam) |
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Filing 20
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: In their responses to the Courts Order to Show Cause why a preliminary injunction shall not issue, the parties should address Department of Homeland Security v. Thuraissigiam,140 S. Ct 1959 (2020). (lc)
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Filing 19
ORDER by Magistrate Judge Alexander F. MacKinnon: Granting #16 Non-Resident Attorney Annelise M. Araujo APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Ruben Poghosyan, designating Sabrina R. Damast as local counsel. (es)
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| Filing 18 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Annelise Maia Jatoba de Araujo to Appear Pro Hac Vice on behalf of Petitioner Ruben Poghosyan (Pro Hac Vice Fee - $500 Previously Paid on 11/2/2020, Receipt No. ACACDC-28824305) #16 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Proposed order is to be attached to the Application, not submitted as the first page of the application. (Thrasher, Lupe) |
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Filing 17
ORDER GRANTING PETITIONER'S MOTION FOR TEMPORARY RESTRAINING ORDER AND/ORSTAY OF REMOVAL #2 by Judge Otis D. Wright, II: Poghosyan's removal is hereby STAYED for fourteen days from the date of this order. Defendants are hereby ORDERED TO SHOW CAUSE why a preliminary injunction shall not issue. Any declarations, affidavits, points and authorities, or other submissions in opposition to the issuance of such a preliminary injunction shall be filed with the Court no later than 12:00 p.m. on November 10, 2020. Any reply shall be filed no later than 6:00 p.m. on November 13, 2020. The hearing on the order to show cause shall be on November 18, 2020, at 8:30 a.m., via telephonic conference. (lc)
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| Filing 16 APPLICATION of Non-Resident Attorney Annelise Maia Jatoba de Araujo to Appear Pro Hac Vice on behalf of Petitioner Ruben Poghosyan (Pro Hac Vice Fee - $500 Previously Paid on 11/2/2020, Receipt No. ACACDC-28824305) filed by Plaintiff Ruben Poghosyan. (Araujo, Annelise) |
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Filing 15
TEMPORARY RESTRAINING ORDER by Judge Otis D. Wright, II: Respondents are hereby temporarily enjoined from deporting Petitioner RubenPoghosyan, Pending the Courts final order on Petitioners Motion for TemporaryRestraining Order and/or Stay of Removal #2 . (lc)
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| Filing 14 REPLY in support of motion First EX PARTE APPLICATION for Temporary Restraining Order as to removal from United States #2 filed by Petitioner Ruben Poghosyan. (Attachments: #1 Exhibit)(Damast, Sabrina) |
| Filing 13 RESPONDENTS' OPPOSITION TO PETITIONER'S MOTION FOR A TRO AND/OR A STAY OF REMOVAL in Opposition re: First EX PARTE APPLICATION for Temporary Restraining Order as to removal from United States #2 filed by Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. (Attachments: #1 Declaration of Marinel Cortez, #2 Exhibit 1 (re Cortez Declaration), #3 Declaration of Anthony R. Santana, #4 Exhibit 1 (re Santana Declaration))(Kaloustian, Mariam) |
| Filing 12 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Annelise M. Araujo to Appear Pro Hac Vice on behalf of Petitioner Ruben Poghosyan (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28824305) #8 . 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. Other error(s) with document(s): A declaration is required regarding unavailability to provide GSC due to COVID-19. See Court's website on Coronavirus (COVID-19) Guidance. Letter is attached, no declaration. (Thrasher, Lupe) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Mariam Kaloustian counsel for Respondents Matthew T. Albence, James Janecka, David Marin, Chad F. Wolf. Adding Mariam Kaloustian as counsel of record for Chad Wolf, Matthew Albence, David Marin and James Janecka for the reason indicated in the G-123 Notice. Filed by respondents-defendants Chad F. Wolf, Matthew Albence, David Marin, and James Janecka, all in their official capacities. (Attorney Mariam Kaloustian added to party Matthew T. Albence(pty:res), Attorney Mariam Kaloustian added to party James Janecka(pty:res), Attorney Mariam Kaloustian added to party David Marin(pty:res), Attorney Mariam Kaloustian added to party Chad F. Wolf(pty:res))(Kaloustian, Mariam) |
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Filing 10
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Terry J. Hatter, Jr. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Terry J. Hatter, Jr to Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:20-cv-02295 ODW(AFM). (rn)
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| Filing 9 NOTICE OF CLERICAL ERROR: Due to clerical error Pro Hac Vice Application Due (G-109) form, #7 was issued prematurely. Docket item 7 should be disregarded. Please see application of Non-Resident Attorney Annelise M. Araujo docket item 8. (car) |
| Filing 8 APPLICATION of Non-Resident Attorney Annelise M. Araujo to Appear Pro Hac Vice on behalf of Petitioner Ruben Poghosyan (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28824305) filed by petitioner Ruben Poghosyan. (Attachments: #1 Affidavit Affidavit of counsel, #2 Unredacted Document Certificate of Good Standing, #3 Proposed Order Proposed order) (Damast, Sabrina) |
| Filing 7 [NOTICE OF CLERICAL ERROR ISSUED ON 11/2/2020, SEE ITEM 9] NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Annelise Araujo. 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. (car) Modified on 11/2/2020 (car). |
| 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 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. (car) |
| Filing 5 NOTICE of Interested Parties filed by petitioner Ruben Poghosyan, identifying none. (Damast, Sabrina) |
| Filing 4 CIVIL COVER SHEET filed by Petitioner Ruben Poghosyan. (Damast, Sabrina) |
| Filing 3 NOTICE OF LODGING filed re Petition for Writ of Habeas Corpus, #1 (Attachments: #1 Proposed Order Proposed order to show cause)(Damast, Sabrina) |
| Filing 2 First EX PARTE APPLICATION for Temporary Restraining Order as to removal from United States filed by petitioner Ruben Poghosyan. (Attachments: #1 Memorandum Memorandum in Support of TRo, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Proposed Order Proposed Order TRO) (Damast, Sabrina) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-28823941 for $5 filing fee, filed by petitioner Ruben Poghosyan. (Attachments: #1 Exhibit Exh A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Declaration Declaration of Verification) (Attorney Sabrina Damast added to party Ruben Poghosyan(pty:pet))(Damast, Sabrina) |
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