ANTHONY v. BARR et al
Petitioner: SAMUEL JONATHAN ANTHONY, JR.
Respondent: KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY and WILLIAM P. BARR
Case Number: 1:2019cv02441
Filed: August 12, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Dabney L Friedrich
Nature of Suit: Prisoner Petition: General (Habeas Corpus)
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2019 Filing 31 TRANSCRIPT OF TELEPHONIC PRELIMINARY INJUNCTION HEARING before Judge Dabney L. Friedrich held on 09/11/2019. Page Numbers: 1-16. Date of Issuance: 09/22/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the <

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September 22, 2019 Filing 30 TRANSCRIPT OF TELEPHONIC PRELIMINARY INJUNCTION HEARING before Judge Dabney L. Friedrich held on 09/11/2019. Page Numbers: 1-8. Date of Issuance: 09/22/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court repor ter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/13/2019. Redacted Transcript Deadline set for 10/23/2019. Release of Transcript Restriction set for 12/21/2019.(Wick, Sara) Modified date of hearing on 9/23/2019 (znmw).
September 22, 2019 Filing 29 TRANSCRIPT OF TELEPHONIC STATUS HEARING before Judge Dabney L. Friedrich held on 08/14/2019. Page Numbers: 1-8. Date of Issuance: 09/22/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the <

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September 22, 2019 Filing 28 TRANSCRIPT OF MOTION HEARING before Judge Dabney L. Friedrich, held on 08/12/1019. Page Numbers: 1-14. Date of Issuance: 09/22/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the <

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September 17, 2019 USCA Case Number 19-5243 for #25 Notice of Appeal to DC Circuit Court filed by SAMUEL JONATHAN ANTHONY, JR. (zrdj)
September 12, 2019 Filing 27 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid this date re #25 Notice of Appeal to DC Circuit Court. (ztth)
September 11, 2019 Opinion or Order Filing 26 ORDER denying the petitioner's #9 Motion for Preliminary Injunction for the reasons stated in open court at the hearing held on September 11, 2019. See text for details. So Ordered by Judge Dabney L. Friedrich on September 11, 2019. (lcdlf3)
September 11, 2019 Filing 25 NOTICE OF APPEAL TO DC CIRCUIT COURT as to Order on Motion for Preliminary Injunction,,, by SAMUEL JONATHAN ANTHONY, JR. Filing fee $ 505, receipt number 0090-6372141. Fee Status: Fee Paid. Parties have been notified. (Copeland, Gregory)
September 11, 2019 Filing 24 TRANSCRIPT OF PROCEEDINGS before Judge Dabney L. Friedrich held on 09/06/2019. Page Numbers: 1-40. Date of Issuance: 09/11/2019. Court Reporter: Sara Wick, telephone number 202-354-3284. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. Aft er 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 10/2/2019. Redacted Transcript Deadline set for 10/12/2019. Release of Transcript Restriction set for 12/10/2019.(Wick, Sara)
September 11, 2019 Filing 23 NOTICE Declarations re: Revocation of Release by SAMUEL JONATHAN ANTHONY, JR re #18 Surreply, #22 Notice (Other), #20 Notice (Other), #19 Notice (Other) (Attachments: #1 Declaration Copeland Declaration, #2 Declaration Chatain Declaration, #3 Exhibit Delegation Authority, #4 Exhibit Redacted Release)(Copeland, Gregory)
September 11, 2019 Filing 22 NOTICE by WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Declaration)(McBride, Patricia)
September 11, 2019 Minute Order and Entry for Proceedings held before Judge Dabney L. Friedrich: Preliminary Injunction concluded on 9/11/2019. #9 Motion for Preliminary Injunction; DENIED by the Court for reasons stated on the record. Further Order to be issued by the Court. Court Reporter: Sara Wick. (zcal)
September 10, 2019 Filing 21 NOTICE of Delegations of Authority to the Directors, Detention and Removal and Investigations and to Field Office Directors, Special Agents in Charge and Certain Other Officers of the Bureau of Immigration and Customs Enforcement, No. 0001 (June 6, 2003) by SAMUEL JONATHAN ANTHONY, JR re #20 Notice (Other), Order, (Attachments: #1 Exhibit Delegations of Authority to the Directors, Detention and Removal and Investigations and to Field Office Directors, Special Agents in Charge and Certain Other Officers of the Bureau of Immigration and Customs Enforcement, No. 0001 (June 6, 2003))(Copeland, Gregory)
September 10, 2019 Filing 20 NOTICE re: Revocation of Release Invalidity Issues by SAMUEL JONATHAN ANTHONY, JR re #19 Notice (Other) (Copeland, Gregory)
September 10, 2019 Opinion or Order MINUTE ORDER. The Court is in receipt of the petitioner's #20 Notice re: Revocation of Release Invalidity Issues, which calls into question the respondents' #19 Notice of Revocation of Release. Government counsel shall be prepared to respond to the petitioner's filing at the 10 a.m. hearing on September 10, 2019. So Ordered by Judge Dabney L. Friedrich on September 10, 2019. (lcdlf3)
September 10, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Preliminary Injunction resumed on 9/10/2019. Declarations due by 9/11/2019 at 12:00 PM. Telephone Preliminary Injunction Hearing continued to 9/11/2019 at 03:00 PM in Courtroom 12 before Judge Dabney L. Friedrich. Court Reporter: Sara Wick. (zcal)
September 9, 2019 Filing 19 NOTICE by WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY (Attachments: #1 Exhibit Notice of Revocation)(McBride, Patricia)
September 9, 2019 Filing 18 SURREPLY to re #9 MOTION for Preliminary Injuction filed by SAMUEL JONATHAN ANTHONY, JR. (Attachments: #1 Declaration Chatain Declaration, #2 Exhibit Exh. A to Chatain Declaration, DoS Report, #3 Exhibit Exh. B to Chatain Declaration, Amnesty Report, #4 Declaration Bachman Declaration, #5 Exhibit Tazu v. Barr Order)(Copeland, Gregory) Modified to add link on 9/11/2019 (znmw).
September 6, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Preliminary Injunction held on 9/6/2019. Further Order to be issued by the Court. Court Reporter: Sara Wick. (zcal)
September 6, 2019 Opinion or Order MINUTE ORDER. On September 6, 2019, the Court held a hearing on the petitioner's #9 Motion for Preliminary Injunction. The Court took the matter under advisement and directed the parties to file supplemental briefs, no longer than five pages, as well as any supplemental declarations by 9 a.m. on September 9, 2019. In the hearing, respondents consented to a continuation of the temporary restraining order until September 13, 2019. See Fed. R. Civ. P. 65(b)(2). Accordingly, the temporary restraining order is extended until that date or until further order of the Court. So Ordered by Judge Dabney L. Friedrich on September 6, 2019.
September 6, 2019 Set/Reset Hearings: Preliminary Injunction Hearing continued to 9/10/2019 at 10:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. (zcal)
September 5, 2019 NOTICE of Hearing: Telephone Preliminary Injunction set for 9/6/2019 at 09:00 AM in Courtroom 12 before Judge Dabney L. Friedrich. (zcal)
September 3, 2019 Filing 17 REPLY to opposition to motion re 14 MOTION to Dismiss filed by SAMUEL JONATHAN ANTHONY, JR. (Attachments: #1 Text of Proposed Order)(Copeland, Gregory)
August 30, 2019 Opinion or Order MINUTE ORDER granting the #16 Motion to Withdraw as Attorney. So Ordered by Judge Dabney L. Friedrich on August 30, 2019. (lcdlf3)
August 30, 2019 Opinion or Order MINUTE ORDER granting the plaintiff's #15 Motion for Extension of Time to File Response/Reply. The plaintiff shall file his reply on or before September 3, 2019. So Ordered by Judge Dabney L. Friedrich on August 30, 2019. (lcdlf3)
August 29, 2019 Filing 16 MOTION to Withdraw as Attorney by SAMUEL JONATHAN ANTHONY, JR (McCants, Kevin)
August 29, 2019 Filing 15 MOTION for Extension of Time to File Response/Reply as to #9 MOTION for Preliminary Injunction , 14 MOTION to Dismiss by SAMUEL JONATHAN ANTHONY, JR (Attachments: #1 Text of Proposed Order)(Copeland, Gregory)
August 28, 2019 Filing 14 MOTION to Dismiss by WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY. (See Docket Entry #13 to view document). (znmw)
August 28, 2019 Filing 13 Memorandum in opposition to re #2 MOTION to Stay MOTION for Temporary Restraining Order, #9 MOTION for Preliminary Injunction filed by WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: #1 Declaration)(McBride, Patricia)
August 28, 2019 Filing 12 NOTICE of Appearance- Pro Bono by Thomas K. Ragland on behalf of All Plaintiffs (Ragland, Thomas)
August 21, 2019 Filing 11 Unopposed MOTION for Extension of Time to by WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY (McBride, Patricia)
August 21, 2019 Opinion or Order MINUTE ORDER granting in part and denying in part the defendants' #11 Unopposed Motion to Extend and Parties Proposed Briefing Schedule. The defendants shall file an opposition to the plaintiff's #8 Motion for Preliminary Injunction on or before August 28, 2019; the plaintiff shall file a reply to the defendants' opposition on or before August 30, 2019. In addition, the Court grants the defendants' request to extend the temporary restraining order through September 9, 2019. See Fed. R. Civ. P. 65(a)(2). So ordered by Judge Dabney Friedrich on August 21, 2019. (lcdlf1)
August 19, 2019 NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #8 MOTION for Preliminary Injunction was entered in error and the documents have been added to Docket Entry #9 MOTION for Preliminary Injunction. (znmw)
August 15, 2019 Filing 10 ERRATA Exhibits to Preliminary Injunction by SAMUEL JONATHAN ANTHONY, JR Order on Motion for Extension of Time to,, Set/Reset Deadlines,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(McCants, Kevin)
August 15, 2019 Filing 9 MOTION for Preliminary Injunction by SAMUEL JONATHAN ANTHONY, JR (McCants, Kevin) (Additional attachment(s) added on 8/19/2019: #1 Memorandum in Support, #2 Affidavit, #3 Text of Proposed Order) (znmw).
August 15, 2019 Filing 8 ENTERED IN ERROR..... MOTION for Preliminary Injunction by SAMUEL JONATHAN ANTHONY, JR (Attachments: #1 Memorandum in Support, #2 Affidavit)(McCants, Kevin) Modified on 8/19/2019 (znmw).
August 15, 2019 Filing 7 PROPOSED BRIEFING SCHEDULE by KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia)
August 15, 2019 Opinion or Order MINUTE ORDER. The Court has considered the parties' #7 Proposed Briefing Schedule and orders the following schedule: the defendants shall file their opposition to the plaintiff's #8 Motion for Preliminary Injunction on or before August 21, 2019; the plaintiff shall file his reply to the defendants' opposition on or before August 23, 2019. So Ordered by Judge Dabney L. Friedrich on August 15, 2019. (lcdlf1)
August 14, 2019 Filing 6 MOTION for Extension of Time to Preliminary Injunction by 1 day by SAMUEL JONATHAN ANTHONY, JR (McCants, Kevin)
August 14, 2019 Filing 5 MOTION for Leave to Appear Pro Hac Vice : Attorney Name- Gregory P. Copeland, : Firm - RAPID DEFENSE NETWORK, : Address- 1 BROADWAY, SUITE 615, NEW YORK, NY 10004. Phone No. - 212-843-0910. Fax No. - 212-257-0733 Filing fee $ 100, receipt number 0090-6322457. Fee Status: Fee Paid. by SAMUEL JONATHAN ANTHONY, JR (Attachments: #1 Exhibit, #2 Exhibit)(McCants, Kevin); Modified text on 8/14/2019 (tth).
August 14, 2019 Filing 4 NOTICE of Appearance by Patricia K. McBride on behalf of WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY (McBride, Patricia)
August 14, 2019 NOTICE of Hearing: Telephone Conference set for 8/14/2019 at 03:00 PM in Courtroom 12 before Judge Dabney L. Friedrich. (zcal)
August 14, 2019 NOTICE OF ERROR re #5 Motion for Leave to Appear Pro Hac Vice; emailed to kevin@themccantsfirm.com, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please do not refile. In the future, all pleadings must be signed. (ztth, )
August 14, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Telephone Status Conference held on 8/14/2019. Proposed Joint Briefing Schedule due by 8/15/2019. Court Reporter: Sara Wick. (zcal)
August 14, 2019 Opinion or Order MINUTE ORDER granting the plaintiffs' #5 Motion for Admission Pro Hac Vice of Gregory P. Copeland. So Ordered by Judge Dabney L. Friedrich on August 14, 2019. (lcdlf1)
August 14, 2019 Opinion or Order MINUTE ORDER granting the plaintiff's #6 Motion for Extension of Time to File Preliminary Injunction. The plaintiff shall file his motion at or before 5 p.m. on August 15, 2019. So Ordered by Judge Dabney L. Friedrich on August 14, 2019. (lcdlf1)
August 13, 2019 Filing 3 PROPOSED BRIEFING SCHEDULE JOINT by SAMUEL JONATHAN ANTHONY, JR, WILLIAM P. BARR, KEVIN K. MCALEENAN, U.S. DEPARTMENT OF HOMELAND SECURITY. (McBride, Patricia)
August 12, 2019 Filing 2 MOTION for a Stay of Removal, MOTION for Temporary Restraining Order by SAMUEL JONATHAN ANTHONY, JR. (Attachment: #1 Text of Proposed Order) (tth)
August 12, 2019 Filing 1 PETITION for Writ of Habeas Corpus, COMPLAINT against KEVIN K. MCALEENAN, WILLIAM P. BARR, U.S. DEPARTMENT OF HOMELAND SECURITY (Filing fee $ 400, receipt number 4616100177) with Jury Demand filed by SAMUEL JONATHAN ANTHONY, JR. (Attachment: #1 Civil Cover Sheet) (tth)
August 12, 2019 Opinion or Order MINUTE ORDER. The petitioner's emergency motion for a temporary restraining order filed earlier this evening is before the Court. See Dkt. 2. The Court has been advised that petitioner Samuel Jonathan Anthony Jr. is scheduled for removal from the United States by immigration authorities tomorrow morning, August 12, 2019. Having considered Mr. Anthony's motion and in view of the imminent harm likely to befall him if he is removed from the country before the Court has an opportunity to rule, the Court finds it appropriate to grant the requested stay of removal to preserve the status quo pending further briefing. See Montufar-Mejia, et al. v. U.S Immigration and Customs Enforcement, et al., No. 18-2131, ECF No. 3 (D.D.C. Sep. 13, 2018) (citing Winter v. NRDC, 555 U.S. 7, 24 (2008)). As noted during the status hearing of August 12, 2019, the Court will reconsider this ruling in light of any arguments the government advances in response to the petition and emergency motion. For the foregoing reasons, it is ORDERED that defendants and their officers, agents, servants, employees, attorneys, and all those who are in active concert or participation with them, are temporarily restrained from removing from the United States petitioner Samuel Jonathan Anthony Jr. until further order of this Court. It is FURTHER ORDERED that the parties shall be available for a telephonic conference at 10 a.m. tomorrow, August 13, 2019, or shall submit by 5:00 p.m. on August 13, 2019 a joint proposal for further proceedings. So Ordered by Judge Dabney L. Friedrich on August 12, 2019. (lcdlf1)
August 12, 2019 Minute Entry for proceedings held before Judge Dabney L. Friedrich: Motion Hearing held on 8/12/2019 re #2 MOTION to Stay MOTION for Temporary Restraining Order filed by SAMUEL JONATHAN ANTHONY, JR. Further Order to be issued by the Court. Court Reporter: Sara Wick. (zcal)

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Respondent: KEVIN K. MCALEENAN
Represented By: Patricia K. McBride
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Respondent: U.S. DEPARTMENT OF HOMELAND SECURITY
Represented By: Patricia K. McBride
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Respondent: WILLIAM P. BARR
Represented By: Patricia K. McBride
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Petitioner: SAMUEL JONATHAN ANTHONY, JR.
Represented By: Kevin Jesse McCants
Represented By: Thomas K. Ragland
Represented By: Gregory P. Copeland
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