Diaz Oropeza v. Becerra et al
| Moises Becerra, Tae D. Johnson, Alejandro Mayorkas and Merrick B. Garland |
| Benjamin Diaz Oropeza |
| 4:2022cv09126 |
| December 27, 2022 |
| US District Court for the Northern District of California |
| Donna M Ryu |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus |
| None |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MOTION to Accept Untimely Filing of Reply in Support of Motion to Dismiss re #16 Reply to Opposition/Response, filed by Moises Becerra, Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas. Responses due by 2/17/2023. Replies due by 2/24/2023. (Kim, David) (Filed on 2/3/2023) |
| Filing 16 REPLY (re #13 MOTION to Dismiss Petition and Return to Petition for Writ of Habeas Corpus ) filed by Moises Becerra, Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas. (Kim, David) (Filed on 2/1/2023) Modified on 2/2/2023 (kmg, COURT STAFF). |
Filing 15
ORDER: The parties did not provide chambers copies of Docket Nos. 1, 13, and 14 as required by Civil Local Rule 5-1(d)(7) and Judge Ryu's Standing Order. The parties shall submit chambers copies of these documents to be delivered to the Oakland courthouse by no later than 2/6/2023. All chambers copies should be double-sided (when possible), three-hole punched along the left side of the page, and should bear the ECF filing stamp (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the chambers copy in a binder. Signed by Magistrate Judge Donna M. Ryu on 2/1/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 2/1/2023)
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| Filing 14 Traverse and Opposition to the Motion to Dismiss (or Transfer) byBenjamin Diaz Oropeza. (Attachments: #1 Declaration of Kelsey Morales, #2 Exhibit S, IJ Hearing (Oct. 2021), #3 Exhibit T, IJ Hearing (Nov. 2021), #4 Exhibit U, IJ Hearing (Dec. 2021), #5 Exhibit V, IJ Hearing (Jan. 2022), #6 Exhibit W, IJ Hearing (Feb. 2022), #7 Exhibit X, Order - Doe v. Garland, #8 Exhibit Y, Docket report - Doe v. Garland, #9 Exhibit Z, Order - Doe v. Garland, #10 Exhibit AA, Docket report, Bermudez (N.D. Cal.), #11 Exhibit BB, Docket report, Bermudez (E.D. Cal.))(Morales, Kelsey) (Filed on 1/24/2023) |
| Filing 13 MOTION to Dismiss Petition and Return to Petition for Writ of Habeas Corpus filed by Moises Becerra, Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas. Responses due by 1/24/2023. Replies due by 1/31/2023. (Attachments: #1 Declaration Declaration of Acting Assistant Field Office Director Nancy Gonzalez, #2 Declaration Declaration of Deportation Officer Juan Carlo Abad, #3 Exhibit Ex. A - Record of Deportable, Inadmissible Alien, dated June 23, 2021, #4 Exhibit Ex. B - Felony Complaint, dated May 9, 2019, #5 Exhibit Ex. C - Felony Abstract of Judgment, dated August 21, 2020, #6 Exhibit Ex. D - Notice of Custody Determination, dated June 23, 2021, #7 Exhibit Ex. E - NTA, dated June 23, 2021, #8 Exhibit Ex. F - IJ Hearing, dated July 8, 2021, #9 Exhibit Ex. G - IJ Hearing, dated August 10, 2021, #10 Exhibit Ex. H - IJ Hearing, dated August 26, 2021, #11 Exhibit Ex. I - BIA Final Order of Removal, dated August 2, 2022, #12 Exhibit Ex. J - IJ Decision & Order of Removal, dated April 7, 2022, #13 Exhibit Ex. K - BIA Briefing Extension, dated May 31, 2022, #14 Exhibit Ex. L - BIA Motion to Remand, dated June 28, 2022, #15 Exhibit Ex. M - PACER Docket Sheet, No. 22-1319 (9th Cir.), #16 Exhibit Ex. N - PACER Search Results for Benjamin Diaz Oropeza, #17 Exhibit Ex. O - GEO Memo (dated Sept. 26, 2022)_Redacted, #18 Exhibit Ex. P - GEO Incident Report_Redacted)(Kim, David) (Filed on 1/17/2023) |
| Filing 12 CERTIFICATE OF SERVICE by Benjamin Diaz Oropeza (Morales, Kelsey) (Filed on 1/17/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Moises Becerra, Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas.. (Kim, David) (Filed on 1/11/2023) |
| Filing 10 Summons Issued as to Moises Becerra, Merrick B. Garland, Tae D. Johnson, Alejandro Mayorkas, U.S. Attorney and U.S. Attorney General (far, COURT STAFF) (Filed on 1/10/2023) |
| Filing 9 Proposed Summons. (Morales, Kelsey) (Filed on 1/9/2023) |
| Filing 8 CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/11/2023. (ig, COURT STAFF) (Filed on 1/4/2023) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Benjamin Diaz Oropeza.. (Morales, Kelsey) (Filed on 1/4/2023) |
| Filing 6 NOTICE of Appearance by David Kim (Kim, David) (Filed on 1/4/2023) |
| Filing 5 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 1/10/2023. (ig, COURT STAFF) (Filed on 1/3/2023) |
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Filing 4
ORDER granting #3 Stipulation and Joint Request to set a Briefing Schedule on Plaintiff's Habeas Petition: Defendants to file their combined return and motion to dismiss by 1/17/2023; Plaintiff to file his combined traverse to the return and opposition by 1/24/2023; Defendants to file their reply if any by 1/31/2023. Signed by Magistrate Judge Donna M. Ryu on 1/3/2023. (ig, COURT STAFF) (Filed on 1/3/2023).
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| Filing 3 STIPULATION WITH PROPOSED ORDER STIPULATION AND JOINT REQUEST TO SET A BRIEFING SCHEDULE; filed by Benjamin Diaz Oropeza. (Morales, Kelsey) (Filed on 12/30/2022) |
| Filing 2 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/11/2023. (mbc, COURT STAFF) (Filed on 12/28/2022) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ACANDC-17854884.). Filed byBenjamin Diaz Oropeza. (Attachments: #1 Declaration of Kelsey Morales with Exhibits, #2 Civil Cover Sheet)(Morales, Kelsey) (Filed on 12/27/2022) |
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