A.F.B. v. Xavier Becerra et al
| A. F. B. |
| Xavier Becerra, US Department of Health and Human Services, Andrea Chapman, Raquel Centeno, Office of Refugee Resettlement and Crittenton Services for Children and Families Group Home |
| 8:2022cv01498 |
| August 10, 2022 |
| US District Court for the Central District of California |
| John E McDermott |
| Fernando M Olguin |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 60 Third STIPULATION for Extension of Time to File Respondent Crittenton's Response to Complaint filed by Plaintiff AFB A. F. B.. (Attachments: #1 Proposed Order Granting Third Stipulation)(Seo, Andria) |
| Filing 59 NOTICE OF DISMISSAL filed by Plaintiff AFB A. F. B. pursuant to FRCP 41a(1) as to Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Seo, Andria) |
Filing 58
SECOND ORDER GRANTING STIPULATION TO EXTEND RESPONDENT FLORENCE CRITTENTON SERVICES OF ORANGE COUNTY, INC. DBA CRITTENTON SERVICES FOR CHILDREN AND FAMILIES' DEADLINE TO RESPOND TO PETITIONER'S COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS, #57 by Magistrate Judge John E. McDermott, IT IS HEREBY ORDERED that: 1. The deadline for Respondent Florence Crittenton Services of Orange County, Inc. dba Crittenton Services for Children and Families to file an answer or other responsive pleading is extended through August 11, 2023; and, 2. If the parties are unable to resolve this case, and if Petitioner A.F.B. determines that he wishes to file a Rule 15 motion to seek leave to either amend the complaint or supplement the pleadings, A.F.B. will provide written notice of such intent to Respondent no later than July 21, 2023. In that case, the parties will agree to and file a proposed schedule for the filing of an amended complaint and subsequent briefing no later than July 28, 2023. (es)
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| Filing 57 Second STIPULATION for Extension of Time to File Responsive Pleading to Complaint as to Petition for Writ of Habeas Corpus, #1 filed by Defendant Crittenton Services for Children and Families Group Home. (Attachments: #1 Proposed Order)(Nervez, Serena) |
| Filing 56 Notice of Appearance or Withdrawal of Counsel: for attorney Andria Kyung Ah Seo counsel for Petitioner A. F. B.. Adding Andria Seo as counsel of record for Plaintiff/Petitioner, A.F.B. for the reason indicated in the G-123 Notice. Filed by Plaintiff/Petitioner A.F.B.. (Attorney Andria Kyung Ah Seo added to party A. F. B.(pty:pet))(Seo, Andria) |
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Filing 55
ORDER GRANTING STIPULATION TO EXTEND RESPONDENT FLORENCE CRITTENTON SERVICES OF ORANGE COUNTY, INC. DBA CRITTENTON SERVICES FOR CHILDREN AND FAMILIES' DEADLINE TO RESPOND TO PETITIONER'S COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS #54 by Magistrate Judge John E. McDermott, it is hereby ORDERED that: the deadline for Respondent to file an answer or other responsive pleading is extended through April 28, 2023. [See document for further details and deadlines.] (es)
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| Filing 54 STIPULATION for Extension of Time to File Responsive Pleading to Complaint filed by Defendant Crittenton Services for Children and Families Group Home. (Attachments: #1 Proposed Order)(Nervez, Serena) |
| Filing 53 NOTICE of Interested Parties filed by Defendant Crittenton Services for Children and Families Group Home, identifying Nonprofit Insurance Alliance of CA. (Attorney Serena Lee Nervez added to party Crittenton Services for Children and Families Group Home(pty:res))(Nervez, Serena) |
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Filing 52
ORDER ON REQUEST TO HOLD CASE IN ABEYANCE AND STAY BRIEFING by Magistrate Judge John E. McDermott, re Stipulation to Stay Case #51 . The Court hereby ORDERS that the case is held in abeyance, pending reactivation by any party. The case shall be removed from the active caseload. FURTHER, within 14 calendar days of the filing of a party's motion to reactivate, the parties will agree to and file a proposed schedule for the filing of an amended or supplemented complaint, and subsequent briefing. FURTHER, the 3/17/2023 deadline for Federal Respondents to file an answer or other responsive pleading is stayed. (Made JS-6. Case Terminated.) (et)
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| Filing 51 Joint STIPULATION to Stay Case pending an agreement by the parties filed by Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Proposed Order)(Ross, Jonathan) |
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Filing 50
ORDER VACATING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SUPPLEMENT by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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Filing 49
ORDER ON SECOND REQUEST TO CONTINUE BRIEFING SCHEDULE by Magistrate Judge John E. McDermott, Granting Stipulation to Continue #48 . UPON CONSIDERATION of the stipulation, and for the reasons set forth therein, the Court hereby ORDERS that Federal Respondents' answer or other responsive pleading is due March 17, 2023. FURTHER, if the parties are unable to resolve this case, and if Petitioner determines that he wishes to file an amended complaint or supplement the pleadings under Fed. R. Civ. P. 15, Petitioner will provide written notice of such intent to Federal Respondents no later than March 3, 2023. In that case, the parties will agree to and file a proposed schedule for the filing of an amended complaint and subsequent briefing no later than March 10, 2023. (es)
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| Filing 48 Joint STIPULATION to Continue briefing schedule from 02/02/2023 to 03/17/2023 filed by Respondent Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Proposed Order)(Ross, Jonathan) |
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Filing 47
ORDERON REQUEST TO CONTINUE BRIEFING SCHEDULE by Magistrate Judge John E. McDermott, re Stipulation to Continue, #46 . UPON CONSIDERATION of the stipulation, and for the reasons set forth therein, the Court hereby ORDERS that Federal Respondents' answer or other responsive pleading is due February 2, 2023. In that case, the parties will agree to and file a proposed schedule for the filing of an amendedcomplaint and subsequent briefing no later than February 2, 2023. (et)
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| Filing 46 Joint STIPULATION to Continue briefing schedule from 12/12/2022 to 02/02/2023 filed by Respondent Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Proposed Order)(Ross, Jonathan) |
| Filing 45 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant/Respondent Crittenton Services for Children and Families Group Home #44 . The Clerk cannot enter the requested relief as: Not a proper respondent. Saravia v. Sessions, 280 F. Supp. 3d 1168, 1185 (N.D. Cal. 2017). (es) |
| Filing 44 REQUEST for Clerk to Enter Default against Defendant/Respondent Crittenton Services for Children and Families Group Home filed by Petitioner/Plaintiff A. F. B.. Request set for hearing on 12/29/2022 at 10:00 AM before Judge Fernando M. Olguin. (Attachments: #1 Declaration Declaration of Robert Borrelle in support of Request to Enter Default, #2 Proof of Service) (Soni, Munmeeth) |
| Filing 43 PROOF OF SERVICE Executed by Plaintiff A. F. B., upon Defendant Xavier Becerra served on 10/11/2022, answer due 12/12/2022; Raquel Centeno served on 10/11/2022, answer due 12/12/2022; Andrea Chapman served on 10/11/2022, answer due 12/12/2022; Office of Refugee Resettlement served on 10/11/2022, answer due 12/12/2022; US Department of Health and Human Services served on 10/11/2022, answer due 12/12/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to C. Veloz. Executed upon the Attorney Generals Office of the United States by delivering a copy to Clerk c/o Merrick Garland. Executed upon the officer agency or corporation by delivering a copy to Xavier Becerra, in his official capacity as Secretary of U.S. Dept. of Health and Human Services. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. (Soni, Munmeeth) |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff A. F. B., upon Defendant Crittenton Services for Children and Families Group Home served on 10/14/2022, answer due 11/4/2022. Service of the Summons and Complaint were executed upon Teresa Kadotani - Office Assistant Authorized to Accept in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Soni, Munmeeth) |
| Filing 41 60 DAY Summons Issued re Petition for Writ of Habeas Corpus, #1 as to Defendants Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (es) |
| Filing 40 21 DAY Summons Issued re Petition for Writ of Habeas Corpus, #1 as to Respondent Crittenton Services for Children and Families Group Home. (es) |
| Filing 39 Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus, #1 filed by Petitioner/Plaintiff A. F. B.. (Attachments: #1 Attachment #1 to Summons)(Soni, Munmeeth) |
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Filing 38
ORDER ORDER GRANTING PLAINTIFF'S SECOND EX PARTE APPLICATION TO FILE UNDER SEAL by Magistrate Judge John E. McDermott, the Application is hereby GRANTED.Plaintiff's document described below are hereby sealed in as follows: a. Docket Entry Number 1, Petition for Writ of Habeas Corpus for Person Held in Federal Custody (28 U.S.C. 2241) and Complaint for Injunctive and Declaratory Relief, in its entirety. Granting #37 APPLICATION to Seal Document. Re: Petition for Writ of Habeas Corpus, #1 (es)
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| Filing 37 Second EX PARTE APPLICATION to file document Docket Entry Number 1 under seal filed by Petitioner A. F. B.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Unredacted Document)(Soni, Munmeeth) |
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Filing 36
ORDER GRANTING JOINT MOTION TO HOLD IN ABEYANCE PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SUPPLEMENT #35 by Judge Fernando M. Olguin. *See Order for Details* (gga)
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| Filing 35 Joint NOTICE OF MOTION AND MOTION to hold case in abeyance filed by Petitioner A. F. B.. (Attachments: #1 Proposed Order) (Soni, Munmeeth) |
| Filing 34 REPLY in opposition First EX PARTE APPLICATION for Temporary Restraining Order as to Halt petitioner's transfer to Benchmark #5 , Supplemental EX PARTE APPLICATION for Temporary Restraining Order as to To Enjoin Respondents From Interfering with Petitioner's Right to Counsel #25 filed by Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Declaration David Fink)(Wilson, Sarah) |
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Filing 33
ORDER ON RESPONDENTS' EX PARTE APPLICATION FOR AN EXTENSION OF TIME TO FILE SUR-REPLY #32 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 32 EX PARTE APPLICATION for Extension of Time to File sur-reply filed by Federal Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Declaration Jonathan Ross, #2 Declaration Raquel Centeno, #3 Proposed Order) (Wilson, Sarah) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah S Wilson counsel for Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. Adding Sarah Wilson as counsel of record for Federal Respondents for the reason indicated in the G-123 Notice. Filed by Respondent Xavier Becerra, et al. (Attorney Sarah S Wilson added to party Xavier Becerra(pty:res), Attorney Sarah S Wilson added to party Raquel Centeno(pty:res), Attorney Sarah S Wilson added to party Andrea Chapman(pty:res), Attorney Sarah S Wilson added to party Office of Refugee Resettlement(pty:res), Attorney Sarah S Wilson added to party US Department of Health and Human Services(pty:res))(Wilson, Sarah) |
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Filing 30
MINUTE (IN CHAMBERS) ORDER RE: SUPPLEMENTAL BRIEFING ON EX PARTE APPLICATIONS #5 #25 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 29 SEALED DECLARATION IN SUPPORT OF First EX PARTE APPLICATION to file document Declaration of Marion Donovan-Kaloust, Ex. A to Donovan Declaration, Ex. B to Donovan Declaration under seal #8 filed by Petitioner A. F. B.. (Attachments: #1 Exhibit Ex. A to Donovan Declaration, #2 Exhibit Ex. B to Donovan Declaration)(Soni, Munmeeth) |
| Filing 28 REPLY reply in opposition First EX PARTE APPLICATION for Temporary Restraining Order as to Halt petitioner's transfer to Benchmark #5 filed by Petitioner A. F. B.. (Attachments: #1 Declaration Declaration of Munmeeth Soni in support of Petitioner's Reply Brief for TRO, #2 Declaration Declaration of Liz Logdon in support of Petitioner's Reply Brief for TRO, #3 Declaration Declaration of Nicholas Jackson in support of Petitioner's Reply Brief for TRO)(Soni, Munmeeth) |
| Filing 27 OPPOSITION opposition re: Supplemental EX PARTE APPLICATION for Temporary Restraining Order as to To Enjoin Respondents From Interfering with Petitioner's Right to Counsel #25 filed by Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Declaration Dr. Ward Declaration, #2 Declaration Attorney Nancy Canter Declaration)(Canter, Nancy) |
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Filing 26
MINUTE (IN CHAMBERS) ORDER RE: SUPPLEMENT TO EX PARTE APPLICATION #25 by Judge Fernando M. Olguin. *See Order for Details.* (iv)
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| Filing 25 Supplemental EX PARTE APPLICATION for Temporary Restraining Order as to To Enjoin Respondents From Interfering with Petitioner's Right to Counsel filed by Petitioner/Plaintiff A. F. B.. (Attachments: #1 Declaration Declaration of Munmeeth K. Soni and Supporting Exhibits, #2 Supplemental Order to Show Cause, #3 Proposed Order Supplemental Proposed Order) (Soni, Munmeeth) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Robert John Borrelle counsel for Petitioner A. F. B.. Adding Robert J. Borrelle as counsel of record for A.F.B., a minor by and through his guardian ad litem, MARION DONOVAN-KALOUST for the reason indicated in the G-123 Notice. Filed by Petitioner/Plaintiff A.F.B., a minor by and through his guardian ad litem, MARION DONOVAN-KALOUST. (Attorney Robert John Borrelle added to party A. F. B.(pty:pet))(Borrelle, Robert) |
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Filing 23
ORDER (IN CHAMBERS) RE: SUPPLEMENTAL BRIEFING ON EX PARTE APPLICATION #5 AND STAYING TRANSFER OF PETITIONER by Judge Fernando M. Olguin. Petitioner shall file a reply no later than 5:00 p.m. on August 16, 2022. Respondents are prohibited from transferring petitioner to Benchmark Behavioral HealthServices in Utah pending a ruling on the Application. *See Order for Details* (gga)
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| Filing 22 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ex. 1 to TRO Opp'n under seal #21 filed by Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Unredacted Document)(Ross, Jonathan) |
| Filing 21 APPLICATION to file document Ex. 1 to TRO Opp'n under seal filed by Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Redacted Document, #2 Proposed Order)(Ross, Jonathan) |
| Filing 20 OPPOSITION opposition re: First EX PARTE APPLICATION for Temporary Restraining Order as to Halt petitioner's transfer to Benchmark #5 filed by Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services. (Attachments: #1 Declaration Kiesler Decl)(Canter, Nancy) |
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Filing 19
ORDER by Magistrate Judge John E. McDermott: Granting #8 EX PARTE APPLICATION to Seal Document. Re: First EX PARTE APPLICATION to file document Declaration of Marion Donovan-Kaloust, Ex. A to Donovan Declaration, Ex. B to Donovan Declaration under seal #8 . (et)
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Filing 18
ORDER by Magistrate Judge John E. McDermott: Granting #7 EX PARTE APPLICATION to Appoint Guardian ad Litem. Appointing Marion Donovan-Kaloust as Guardian ad Litem for A.F.B. (et)
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Filing 17
MINUTE ORDER (In Chambers) Order Re: Ex Parte Application #5 by Judge Fernando M. Olguin. IT IS ORDERED THAT: 1. Respondents shall file their opposition papers no later than 12:00 p.m. on August 12, 2022. 2. Unless the court orders otherwise, petitioner's Application will be deemed submitted, without oral argument, on the day respondents' opposition is filed, or due and not filed. (lom)
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Filing 16
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Dolly M. Gee, for the reasons set forth on this order. Related Case No. 2:85-cv-04544 DMG(AGRx) (rn)
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| Filing 15 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge Fernando M. Olguin and referred to Magistrate Judge John E. McDermott, 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. (sh) |
| Filing 14 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Assignment to US District Judge (CV-17) docketed in error. Notice of Reference (CV-84) docketed to replace docket entry no. #13 (sh) |
| Filing 13 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin for petition filed under 28 U.S.C. 2241. (sh) |
| Filing 12 NOTICE of Appearance filed by attorney Benjamin M Moss on behalf of Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services (Attorney Benjamin M Moss added to party Xavier Becerra(pty:res), Attorney Benjamin M Moss added to party Raquel Centeno(pty:res), Attorney Benjamin M Moss added to party Andrea Chapman(pty:res), Attorney Benjamin M Moss added to party Office of Refugee Resettlement(pty:res), Attorney Benjamin M Moss added to party US Department of Health and Human Services(pty:res))(Moss, Benjamin) |
| Filing 11 NOTICE of Appearance filed by attorney Nancy K Canter on behalf of Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services (Attorney Nancy K Canter added to party Xavier Becerra(pty:res), Attorney Nancy K Canter added to party Raquel Centeno(pty:res), Attorney Nancy K Canter added to party Andrea Chapman(pty:res), Attorney Nancy K Canter added to party Office of Refugee Resettlement(pty:res), Attorney Nancy K Canter added to party US Department of Health and Human Services(pty:res))(Canter, Nancy) |
| Filing 10 NOTICE of Appearance filed by attorney Jonathan Kevin Ross on behalf of Respondents Xavier Becerra, Raquel Centeno, Andrea Chapman, Office of Refugee Resettlement, US Department of Health and Human Services (Attorney Jonathan Kevin Ross added to party Xavier Becerra(pty:res), Attorney Jonathan Kevin Ross added to party Raquel Centeno(pty:res), Attorney Jonathan Kevin Ross added to party Andrea Chapman(pty:res), Attorney Jonathan Kevin Ross added to party Office of Refugee Resettlement(pty:res), Attorney Jonathan Kevin Ross added to party US Department of Health and Human Services(pty:res))(Ross, Jonathan) |
| Filing 9 SEALED DECLARATION IN SUPPORT OF First EX PARTE APPLICATION to file document Declaration of Marion Donovan-Kaloust, Ex. A to Donovan Declaration, Ex. B to Donovan Declaration under seal #8 filed by Petitioner A. F. B.. (Attachments: #1 Unredacted Document Ex. A to Donovan Declaration, #2 Unredacted Document Ex. B to Donovan Declaration)(Soni, Munmeeth) |
| Filing 8 First EX PARTE APPLICATION to file document Declaration of Marion Donovan-Kaloust, Ex. A to Donovan Declaration, Ex. B to Donovan Declaration under seal filed by Petitioner A. F. B.. (Attachments: #1 Declaration in Support of Ex Parte App to File Under Seal, #2 Proposed Order Granting Application to File Under Seal, #3 Redacted Document Redacted Declaration in support of TRO, #4 Redacted Document Redacted Exhibit A to Donovan Declaration, #5 Redacted Document Redacted Exhibit B to Donovan Declaration)(Soni, Munmeeth) |
| Filing 7 EX PARTE APPLICATION for Appointment of Marion Donovan-Kaloust as Guardian ad Litem for A.F.B. filed by Petitioner/Plaintiff A. F. B.. (Attachments: #1 Proposed Order Appointing Guardian ad Litem) (Soni, Munmeeth) |
| Filing 6 DECLARATION of Elizabeth Logsdon in support of First EX PARTE APPLICATION for Temporary Restraining Order as to Halt petitioner's transfer to Benchmark #5 filed by Petitioner A. F. B.. (Attachments: #1 Exhibit Exhibit A)(Soni, Munmeeth) |
| Filing 5 First EX PARTE APPLICATION for Temporary Restraining Order as to Halt petitioner's transfer to Benchmark filed by Petitioner/Plaintiff A. F. B.. (Attachments: #1 Declaration Declaration iso TRO, #2 Proposed Order Proposed Order to Show Cause, #3 Proposed Order Proposed Order Granting TRO) (Soni, Munmeeth) |
| Filing 4 NOTICE of Related Case(s) filed by Petitioner/Plaintiff A. F. B.. Related Case(s): 85-cv-04544-DMG,18-cv-05741-DMG (Soni, Munmeeth) |
| Filing 3 NOTICE of Interested Parties filed by Petitioner/Plaintiff A. F. B., identifying XAVIER BECERRA, in his official capacity as Secretary of the U.S. Department of Health and Human Services; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES; ANDREA CHAPMAN, in her official capacity as acting Director of the Office of Refugee Resettlement; Raquel CENTENO, in her official capacity as Federal Field Specialist for the Office of Refugee Resettlement; the OFFICE OF REFUGEE RESETTLEMENT; and CRITTENTON SERVICES FOR CHILDREN AND FAMILIES. (Soni, Munmeeth) |
| Filing 2 CIVIL COVER SHEET filed by Petitioner A. F. B.. (Soni, Munmeeth) |
| Filing 1 PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. ACACDC-33791426 for $5 filing fee, filed by Petitioner/Plaintiff A. F. B.. (Attorney Munmeeth Kaur Soni added to party A. F. B.(pty:pet))(Soni, Munmeeth) |
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