Cabrera Espinoza v. Becerra et al
| Moises Becerra, Alejandro Mayorkas, Patrick Lechleitner and MERRICK B GARLAND |
| Adrian Cabrera Espinoza |
| Merrick B. Garland |
| 5:2023cv05872 |
| November 14, 2023 |
| US District Court for the Northern District of California |
| Sallie Kim |
| P Casey Pitts |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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Filing 22
ORDER GRANTING PRELIMINARY INJUNCTION. Signed by Judge P. Casey Pitts on 12/20/2023. (nmc, COURT USER) (Filed on 12/20/2023)
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| Filing 21 Minute Entry for proceedings held before Judge P. Casey Pitts: Motion Hearing held on 12/20/2023 re #3 Motion for Preliminary Injunction. Argument of counsel heard. Motion for Preliminary Injunction is GRANTED. Order to issue.Total Time in Court: 52 min (1:05-1:57 PM). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Aseem Mehta, Judah Lakin. Defendant Attorney: Douglas Johns. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Date Filed: 12/20/2023) |
| Filing 20 REPLY (re #3 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support of Motion ) filed byAdrian Cabrera Espinoza. (Mehta, Aseem) (Filed on 12/12/2023) |
| Filing 19 Declaration of NANCY GONZALEZ in Support of #17 Opposition/Response to Motion, DECLARATION OF ACTING ASSISTANT FIELD OFFICE DIRECTOR NANCY GONZALEZ IN SUPPORT OF RESPONDENTS OPPOSITION TO MOTION FOR A PRELIMINARY INJUNCTION AND RETURN TO PETITION FOR WRIT OF HABEAS CORPUS filed by Moises Becerra, MERRICK B GARLAND, Patrick Lechleitner, Alejandro Mayorkas. (Attachments: #1 Exhibit A)(Related document(s) #17 ) (Johns, Douglas) (Filed on 12/5/2023) Modified on 12/6/2023 (anj, COURT STAFF). |
| Filing 18 Declaration of Justin Steinike in Support of Respondents Opposition to Motion for a Preliminary Injunction and Return to Petition for Writ of Habeas Corpus #17 Opposition/Response to Motion, filed by Moises Becerra, MERRICK B GARLAND, Patrick Lechleitner, Alejandro Mayorkas. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Related document(s) #17 ) (Johns, Douglas) (Filed on 12/5/2023) Modified on 12/6/2023 (anj, COURT STAFF). |
| Filing 17 RESPONDENTS OPPOSITION TO MOTION For A Preliminary Injunction and Return To Petition For Writ of Habeas Corpus(re #3 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support of Motion ) filed by Moises Becerra, MERRICK B GARLAND, Patrick Lechleitner, Alejandro Mayorkas. (Johns, Douglas) (Filed on 12/5/2023) Modified on 12/6/2023 (anj, COURT STAFF). |
| Filing 16 CLERK'S NOTICE SETTING ZOOM HEARING. Motion Hearing as to #3 MOTION for Preliminary Injunction set for 12/20/2023 at 01:00 PM - Videoconference Only before Judge P. Casey Pitts. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at PCPcrd@cand.uscourts.gov no later than 12/19/2023 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 11/27/2023) |
| Filing 15 TEXT-ONLY ORDER After reviewing the parties' joint administrative motion requesting a Zoom option for the December 20, 2023 motion hearing #14 , the Court will hold the motion hearing at 1:00 PM entirely on Zoom, rather than in a hybrid format. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 11/27/2023) |
| ***COURT-ONLY. Terminated duplicate hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 11/27/2023) |
| Filing 14 Joint ADMINISTRATIVE MOTION requesting hybrid hearing (in-person and over Zoom) on December 20, 2023 re #13 Order on Stipulation, filed by Adrian Cabrera Espinoza and Respondents. (Mehta, Aseem) (Filed on 11/22/2023) Modified on 11/22/2023 (jml, COURT STAFF). |
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Filing 13
ORDER granting #10 Stipulation to Reset Briefing Schedule and Specially Set Hearing on Motion for Preliminary Injunction.Signed by Judge P. Casey Pitts on 11/20/2023. Responses due by 12/5/2023. Replies due by 12/12/2023. Motion Hearing as to #3 Motion for Preliminary Injunction set for 12/20/2023 at 01:00 PM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT USER) (Filed on 11/20/2023)
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| Filing 12 CERTIFICATE OF SERVICE by Adrian Cabrera Espinoza re #2 Proposed Summons, #1 Petition for Writ of Habeas Corpus, demonstrating proof of service (Mehta, Aseem) (Filed on 11/19/2023) |
| Filing 11 NOTICE of Appearance by Aseem Mehta on behalf of Petitioner-Plaintiff Adrian Cabrera Espinoza (Mehta, Aseem) (Filed on 11/17/2023) Modified on 11/20/2023 (anj, COURT STAFF). |
| Filing 10 STIPULATED JOINT REQUEST TO RESET BRIEFING SCHEDULE ON MOTION FOR PRELIMINARY INJUNCTION AND SPECIALLY SET A HEARING ON THE MOTION FOR PRELIMINARY INJUNCTION; [PROPOSED] ORDER filed by Moises Becerra, MERRICK B GARLAND, Patrick Lechleitner, Alejandro Mayorkas and Adrian Cabrera Espinoza. (Attachments: #1 Declaration OF DOUGLAS JOHNS IN SUPPORT)(Johns, Douglas) (Filed on 11/17/2023) Modified on 11/17/2023 (anj, COURT STAFF). |
| Filing 9 NOTICE of Appearance by Douglas Earl Johns (Johns, Douglas) (Filed on 11/16/2023) |
| Filing 8 Summons Issued as to Moises Becerra, MERRICK B GARLAND, Patrick Lechleitner, Alejandro Mayorkas, and U.S. Attorney General (anj, COURT STAFF) (Filed on 11/15/2023) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 11/15/23. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 11/15/2023)
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| Filing 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mkl, COURT STAFF) (Filed on 11/15/2023) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Adrian Cabrera Espinoza.. (Lakin, Judah) (Filed on 11/14/2023) |
| Filing 4 Case assigned to Magistrate Judge Sallie Kim. 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 11/28/2023. (bar, COURT STAFF) (Filed on 11/14/2023) |
| Filing 3 MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support of Motion filed by Adrian Cabrera Espinoza. Motion Hearing set for 12/19/2023 01:00 PM in San Francisco, - To be determined before Judge ABC. Responses due by 11/28/2023. Replies due by 12/5/2023. (Attachments: #1 Proposed Order)(Lakin, Judah) (Filed on 11/14/2023) Modified on 11/15/2023 (anj, COURT STAFF). |
| Filing 2 Proposed Summons. (Lakin, Judah) (Filed on 11/14/2023) |
| Filing 1 PETITION for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief ( Filing fee $ 5.00 receipt number ACANDC-18834969.). Filed by Adrian Cabrera Espinoza. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration, #5 Civil Cover Sheet)(Lakin, Judah) (Filed on 11/14/2023) |
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