E.O.H.C. v. Attorney General United States, et al
| E. O. H.C., on his own behalf, and on behalf of M.S.H.S., his minor daughter, as her next friend |
| ASSISTANT FIELD OFFICE DIRECTOR PHILADELPHIA UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, DIRECTOR BERKS COUNTY RESIDENTIAL CENTER, ATTORNEY GENERAL UNITED STATES OF AMERICA, DIRECTOR UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT and DIRECTOR PHILADELPHIA FIELD OFFICE IMMIGRATION AND CUSTOMS ENFORCEMENT |
| 20-1163 |
| January 28, 2020 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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| Filing 47 ECF FILER: Transcript of oral argument on 03/09/2020 prepared at the direction of the Court. [20-1163] (VJF) [Entered: 03/19/2020 06:19 PM] |
| Filing 46 TEXT ONLY ORDER (Clerk) At the direction of the Court, the Clerk's letter of March 10, 2020 instructing counsel to file a transcript of oral argument is hereby amended to direct the Office of the United States Attorney to cover the entire cost of the transcript. (CMH) [Entered: 03/10/2020 04:14 PM] |
| Filing 45 CLERK'S LETTER to counsel written at the direction of the Court. The parties are directed to file transcript of the oral argument held on Monday, March 9, 2020 by Monday, March 23, 2020. Liaison counsel should immediately advise the Clerk's Office of the court reporter or agency handeling the transcripts of the oral arguments. Parties are to split the cost of the transcripts. (CMH) [Entered: 03/10/2020 07:09 AM] |
| Filing 44 ARGUED on Monday, March 9, 2020. Panel: AMBRO, KRAUSE and BIBAS, Circuit Judges.Veronica J. Finkelstein arguing for Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center,Director Philadelphia Field Office Immigration and Customs Enforcement and Director United Sates Immigration and Customs Enforcement; Caroline Heller arguing for Appellant E. O. H.C. (CMH) [Entered: 03/09/2020 04:20 PM] |
| Filing 43 COURT MINUTES OF ARGUED/SUBMITTED CASES. (CMH) [Entered: 03/09/2020 07:15 AM] |
| Filing 42 CLERK'S LETTER to counsel written at the direction of the Court. At oral argument, the parties should be prepared to address: (1) whether the District Court correctly found that the statutory authority for appellants detention is 8 U.S.C. 1225(b); (2) the relevance of Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953) and Chi Thon Ngo v. INS, 192 F.3d 390 (3d Cir. 1999) to appellants procedural due process claim; (3) the relevance of cases involving aliens detained under 8 U.S.C. 1226(c) to appellants due process claim; (4) if aliens detained under 1225(b) are entitled to due process protections independent of those afforded by statute, whether our 1225(b) reasonableness inquiry should differ from how we assess reasonableness under 1226(c); (5) the significance, if any, of the Supreme Courts pending opinion in Department of Homeland Security v. Thuraissigiam, 19-161 (argued March 2, 2020) for appellants request for injunctive relief; and (6) whether the February 19, 2020 adverse parole determination for E.O.H.C. moots or otherwise resolves appellants procedural due process claim. (PM) [Entered: 03/04/2020 02:53 PM] |
| Filing 41 HARD COPY RECEIVED from Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement - Supplemental Brief. Copies: 7. (SJB) [Entered: 03/02/2020 03:01 PM] |
| Filing 40 ECF FILER: Letter dated 03/02/2020 , filed pursuant to Rule 28(j) from counsel for Appellant E. O. H.C.. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable.--[Edited 03/02/2020 by CJG] (CH) [Entered: 03/02/2020 12:05 PM] |
| Filing 39 ECF FILER: ELECTRONIC PRO BONO SUPPLEMENTAL BRIEF on behalf of Appellant E. O. H.C. in 20-1163. Certificate of Service dated 02/28/2020 by ECF. [20-1163] (CH) [Entered: 02/28/2020 04:17 PM] |
| Filing 38 ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF on behalf of Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement. Certificate of Service dated 02/28/2020 by ECF. [20-1163] (VJF) [Entered: 02/28/2020 04:15 PM] |
| Filing 37 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Veronica J. Finkelstein, Esq. for Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement. Certificate of Service dated 02/27/2020. Service made by ECF. [20-1163] (VJF) [Entered: 02/27/2020 09:48 AM] |
| Filing 36 ECF FILER: ARGUMENT ACKNOWLEDGMENT filed by Attorney Caroline Heller, Esq. for Appellant E. O. H.C.. Certificate of Service dated 02/26/2020. Service made by ECF. [20-1163] (CH) [Entered: 02/26/2020 03:56 PM] |
| Filing 35 ECF FILER: ENTRY OF APPEARANCE from Veronica J. Finkelstein on behalf of Appellee(s) Attorney General of the US; Director US Immigration and Customs Enforcement; Dir. Philadelphia Field Office; US Immigration and Customs Enforcement; Assistant Field Office Director; US Immigration and Customs Enforcement; Dir. Berks County Residential Ctr. [20-1163] (VJF) [Entered: 02/26/2020 03:34 PM] |
| Filing 34 CLERK'S LETTER to counsel written at the direction of the Court. Supplemental memoranda should be submitted no later than Friday, February 28, 2020. (Please see the attached letter for the full text.) (TLG) [Entered: 02/21/2020 10:30 AM] |
Filing 32
ORDER (AMBRO, KRAUSE and BIBAS, Circuit Judges) granting motion to compel or require Appellees to refrain from forcibly returning Appellants to Mexico through the completion of all federal court proceedings. We enter the following administrative stay pursuant ot 28 U.S.C. Section 1651. The appellants shall not be returned to Mexico pending further order of this Court. Ambro, Authoring Judge. [19-2927, 20-1163] (KR) [Entered: 02/20/2020 01:51 PM]
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| Filing 31 AMENDED ELECTRONIC BRIEF on behalf of Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement. Certificate of Service dated 02/10/2020 by ECF. [See Order dated 2/19/20] (EAF) [Entered: 02/19/2020 09:55 AM] |
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Filing 30
ORDER (AMBRO, KRAUSE and BIBAS, Circuit Judges) granting motion filed by Appellees Attorney General United States of America, Director United States Immigration and Customs Enforcement, Director Philadelphia Field Office Immigration and Customs Enforcement, Director Berks County Residential Center and Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement to amend their Brief with excess page limit. The Clerk is directed to file the Brief attached to the Motion on the docket. Thomas L Ambro, Authoring Judge. (EAF) [Entered: 02/19/2020 09:49 AM]
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| Filing 29 HARD COPY RECEIVED from Appellant E. O. H.C. - Reply Brief. Copies: 7. (KEL) [Entered: 02/18/2020 03:14 PM] |
| Filing 24 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellant E. O. H.C.. Certificate of Service dated 02/14/2020 by ECF. [20-1163] (CH) [Entered: 02/14/2020 12:56 PM] |
| Filing 23 HARD COPY RECEIVED from Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement - Brief. Copies: 7. (AR) [Entered: 02/13/2020 11:13 AM] |
| Filing 22 Oral Argument Notification for Monday, 03/09/2020. Courtroom & Time: Maris Courtroom/3:00 p.m. Location: Philadelphia, PA. (CMH) [Entered: 02/12/2020 07:07 AM] |
| Filing 21 ECF FILER: Motion filed by Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement to amend Document 20, Appellees' Brief in Excess of Word Limit. Certificate of Service dated 02/11/2020. Service made by ECF. --[Edited 02/14/2020 by EAF - Text edited] [20-1163] (VJF) [Entered: 02/11/2020 05:11 PM] |
| Filing 20 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement. Certificate of Service dated 02/10/2020 by ECF. --[Edited 02/19/2020 by EAF - Attachment removed; Amended Brief filed as of 2/19/20 as directed by the Court Order] [20-1163] (VJF) [Entered: 02/10/2020 05:02 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Paul J. Koob on behalf of Appellee(s) Atty. General USA; Director US Immigration and Customs Enforcement; Director Philadelphia Field Office Immigration and Customs Enforcement; Assistant Field Office Director US Immigration and Customs Enforcement; Director Berks County Residential Center. [20-1163] (PJK) [Entered: 02/04/2020 03:17 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Veronica J. Finkelstein on behalf of Appellee(s) Atty General USA; Director US Immigration and Customs Enforcement; Director Philadelphia Field Office Immigration and Customs Enforcement; Assistant Field Office Director US Immigration and Customs Enforcement; Director Berks County Residential Center. [20-1163] (VJF) [Entered: 02/04/2020 09:21 AM] |
| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Anthony St. Joseph on behalf of Appellee(s) Atty General USA, Director US Immigration and Customs Enforcement; Director Philadelphia Field Office Immigration and Customs Enforcement; Assistant Field Office Director US Immigration and Customs Enforcement; Director Berks County Residential Center. [20-1163] (AS) [Entered: 02/04/2020 09:10 AM] |
| Filing 16 HARD COPY RECEIVED from Appellant E. O. H.C. - Appendix. Copies: 4. Volumes: 4 (Volume I attached to Brief) (Volume IV filed UNDER SEAL). Received on 01/31/2020. (EMA) [Entered: 02/03/2020 04:51 PM] |
| Filing 15 HARD COPY RECEIVED from Appellant E. O. H.C. - Brief with Volume I of Appendix attached. Copies: 7. (RM) [Entered: 01/31/2020 01:34 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Sarah Telo Gillman on behalf of Appellant(s) E.O.H.C. and M.S.H.S.. [20-1163, 19-2927] (STG) [Entered: 01/31/2020 11:02 AM] |
| Filing 13 ECF FILER: SEALED ELECTRONIC APPENDIX on behalf of Appellant E. O. H.C. in 20-1163. Certificate of Service dated 01/30/2020 by ECF. [Entry was mistakenly spread and has been removed from case no. 19-2927]--[Edited 01/31/2020 by EMA] (CH) [Entered: 01/30/2020 03:03 PM] |
| Filing 12 ECF FILER: ELECTRONIC APPENDIX on behalf of Appellant E. O. H.C. in 20-1163. Certificate of service dated 01/30/2020 by ECF. [Entry was mistakenly spread and has been removed from case no. 19-2927]--[Edited 01/31/2020 by EMA] (CH) [Entered: 01/30/2020 03:02 PM] |
| Filing 11 ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellant E. O. H.C. in 20-1163. Certificate of Service dated 01/30/2020 by ECF. [Entry was mistakenly spread and has been removed from case no. 19-2927]--[Edited 01/31/2020 by EMA] (CH) [Entered: 01/30/2020 03:00 PM] |
| Filing 10 ECF FILER: Motion filed by Appellant E. O. H.C. in 20-1163 to seal Appendix Volume 4. Certificate of Service dated 01/30/2020. Service made by ECF. [Entry was mistakenly spread and has been removed from case no. 19-2927]--[Edited 01/31/2020 by EMA] (CH) [Entered: 01/30/2020 02:55 PM] |
| Filing 9 Case Calendared at the Convenience of the Court. Calendar Clerk: CMH. (CMH) [Entered: 01/29/2020 11:37 AM] |
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Filing 8
ORDER (AMBRO, KRAUSE and BIBAS, Circuit Judges) granting Motion to Expedite the Briefing Schedule filed by Appellant E. O. H.C. in 20-1163. Appellants' Brief and Appendix must be filed on January 30, 2020. Appellees' Brief must be filed on February 10, 2020. Appellants' Reply Brief, if any, must be filed on February 14, 2020. The appeals at Nos. 19-2927 and 20-1163 are consolidated for disposition only. The appeal at No. 20-1163 will be scheduled before the Panel at the convenience of the Court. Bibas, Authoring Judge. [19-2927, 20-1163] (KR) [Entered: 01/29/2020 10:41 AM]
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| Filing 7 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant E. O. H.C.. [20-1163] (CH) [Entered: 01/28/2020 03:50 PM] |
| Filing 6 ECF FILER: Motion filed by Appellant E. O. H.C. to Expedite Briefing Schedule. Certificate of Service dated 01/28/2020. Service made by ECF. [20-1163] (CH) [Entered: 01/28/2020 03:36 PM] |
| Filing 5 ECF FILER: ENTRY OF APPEARANCE from Caroline J. Heller on behalf of Appellant(s) E.O.H.C., M.S.H.S.. [20-1163] (CH) [Entered: 01/28/2020 10:41 AM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Gregory P. Copeland on behalf of Appellant(s) Plaintiff-Appellants E.O.H.C. and M.S.H.S.. [20-1163] (GPC) [Entered: 01/28/2020 08:43 AM] |
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Filing 3
ORDER (Clerk) The District Court granted Appellants' motion to proceed under pseudonyms. Appellants may proceed using only their initials in this Court. All documents filed in this appeal shall refer to Appellants by their initials only. The parties shall not include any other personally identifying information in any submission to the Court. If the parties need to file documents containing the Appellants' names or other personally identifiable information, they should consider seeking the Court's permission to file those documents under seal. It is noted that Appellants filed their notice of appeal under seal in the District Court. As the notice of appeal does not appear to identify the Appellants' names or contain other personally identifiable information, Appellants are hereby ORDERED TO SHOW CAUSE as to why the notice of appeal should be sealed in this Court. Any response must be filed within thirty (30) days of the date of this order. The notice of appeal, however, will be sealed until the Court takes action on this Order to Show Cause. It is further noted that portions of this case are sealed in the District Court. Some of these documents may be included in the joint appendix. The parties are directed to review 3d Cir. L.A.R. Misc. 106 with respect to filing documents under seal. In the event it becomes necessary to submit the documents in question to the Court prior to the disposition of a motion to seal, those documents must be submitted separately, and the Court must be apprised that the material is sealed. All parties are directed to use the CM/ECF events preceded by the word SEALED whenever filing any documents which may contain sealed material. All hard copies of documents submitted to this Court should be properly labeled that they are SEALED and provided in a clearly marked envelope. It is counsel's responsibility to ensure that any documents are properly filed under seal. (CJG) [Entered: 01/28/2020 08:13 AM]
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| Filing 2 RECORD available on District Court CM/ECF. (CJG) [Entered: 01/28/2020 08:09 AM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant E. O. H.C. in District Court No. 5-19-cv-06144. (CJG) [Entered: 01/28/2020 08:01 AM] |
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