KARR et al v. Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement et al
| VALDIRENE VASQUEZ, LUIS FERNANDO ESCOBAR, ZACHARY VASQUEZ, Valdirene Moeira Da Silva, PIEDAD DEL CARMEN MARULANDA, MICHAEL LYN, LILIANA COHEN, ADOLFO KARR, MARIA REYES and IAN KARR |
| Acting Secretary of Homeland Security, Acting Director, U.S. Citizenship and Immigration Services, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement and Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement |
| 0:2020cv60348 |
| February 18, 2020 |
| US District Court for the Southern District of Florida |
| Federico A Moreno |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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This docket was last retrieved on March 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 35 Acknowledgment of Receipt of NOA from USCA re #33 Notice of Appeal, filed by LUIS FERNANDO ESCOBAR, LILIANA COHEN, IAN KARR, MICHAEL LYN, ZACHARY VASQUEZ, PIEDAD DEL CARMEN MARULANDA, ADOLFO KARR, MARIA REYES, VALDIRENE VASQUEZ. Date received by USCA: 3/23/20. USCA Case Number: 20-11144-F. (hh) |
| Filing 34 TRANSCRIPT INFORMATION FORM by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ re #33 Notice of Appeal,,. No Transcript Requested. (Prada, Mark) |
| Filing 33 Notice of Appeal as to #32 Order Dismissing Case,, Terminate Motions,, Terminate Hearings, by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. Filing fee $ 505.00 receipt number AFLSDC-12640652. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Prada, Mark) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #33 Notice of Appeal, Notice has been electronically mailed. (apz) |
Filing 32
ORDER OF DISMISSAL FOR LACK OF JURISDICTION: granting #24 Respondents' Motion to Dismiss for Lack of Jurisdiction; denying #17 Petitioners' Renewed Motion for Preliminary Injunction; denying as moot #14 Petitioners' Motion for Class Certification; cancelling 27 Telephonic Hearing Set for Monday, March 23, 2020. Closing Case. Signed by Judge Federico A. Moreno on 3/22/2020. See attached document for full details. (km02)
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Filing 31
PAPERLESS ORDER denying as moot #30 Joint Motion to Reset Hearing and to Extend Temporary Restraining Order, as the Court will enter a ruling by Monday morning. The telephone hearing set in order to accommodate the parties because of the health crisis will be cancelled. A written opinion will be entered by Monday morning. Signed by Judge Federico A. Moreno on 3/20/2020. (km02)
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| Filing 30 Joint MOTION to Continue Hearing on Motions re 27 Order, Terminate Deadlines and Hearings ( Responses due by 4/3/2020), Joint MOTION to extend TRO by consent re #20 Order,,, Set/Reset Hearings,,, Set/Reset Deadlines,, by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. (Attachments: #1 Exhibit A - County Emergency Order, #2 Text of Proposed Order)(Prada, Mark) |
| Filing 29 Defendant's RESPONSE to #26 Response to Motion,, by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services. (Diaz, Natalie) |
| Filing 28 SUPPLEMENT to #26 Response to Motion,, #25 Supplement, #24 Defendant's MOTION TO DISMISS #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, , #20 Order,,, Set/Reset Hearings,,, Set/Reset Deadlines,, by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ (Attachments: #1 Exhibit A -- Appx I - Karr Family, #2 Exhibit B -- Appx II - Escobar Family, #3 Exhibit C -- Appx III - VasquezFamily, #4 Exhibit D -- Appx IV - Reyes and Lyn Family)(Prada, Mark) |
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Filing 27
PAPERLESS ORDER SETTING TELEPHONE HEARING. The hearing set for Monday, March 23, 2020 at 10:30 a.m. will take place as scheduled, but now counsel for all parties shall call chambers (305-523-5110) from a single line at the scheduled time. Counsel shall be prepared to address all pending matters. Signed by Judge Federico A. Moreno on 3/13/2020. (km02)
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| Filing 26 RESPONSE to Motion re #24 Defendant's MOTION TO DISMISS #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, FOR FAILURE TO STATE A CLAIM Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, Omnibus Supplemental Brief filed by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. Replies due by 3/17/2020. (Dominguez, Anthony) |
| Filing 25 SUPPLEMENT to #20 Order,,, Set/Reset Hearings,,, Set/Reset Deadlines,, Defendant's Supplemental Briefing by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services (Diaz, Natalie) |
| Filing 24 Defendant's MOTION TO DISMISS #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, FOR FAILURE TO STATE A CLAIM , Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, ( Responses due by 3/18/2020) by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services. (Attachments: #1 Exhibit A - 78 Fed. Reg. 536 (Jan. 3, 2013), #2 Exhibit B - 81 Fed. Reg. 50244 (Jul. 29, 2016))(Lee, Dexter) |
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Filing 23
PAPERLESS ORDER granting #22 Respondents' Motion for Leave of Court to File Motion to Dismiss in Excess of Twenty Pages. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Federico A. Moreno on 3/4/2020. (km02)
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| Filing 22 Defendant's MOTION for Leave to File Defendants' Motion to Dismiss in Excess of Twenty Pages by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services. (Attachments: #1 Exhibit A - Defendants' Motion to Dismiss, #2 Exhibit A - 78 Fed. Reg. 536 (Jan. 3, 2013), #3 Exhibit B - 81 Fed. Reg. 50244 (Jul. 29, 2016))(Lee, Dexter) |
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Filing 21
ORDER of Dismissal of USCA, pursuant to Appellants Luis Fernando Escobar and Piedad Del Carmen Marulanda's motion for voluntary dismissal, this appeal was dismissed on March 03, 2020 as to #9 Notice of Interlocutory Appeal, filed by LUIS FERNANDO ESCOBAR, PIEDAD DEL CARMEN MARULANDA, USCA # 20-10597-EE (hh)
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Filing 20
ORDER TEMPORARILY ENJOINING ENFORCEMENT OF REMOVAL ORDERS, ORDER REQUIRING SUPPLEMENTAL BRIEFING, AND ORDER RESCHEDULING HEARING. The parties must file supplemental briefs, no later than Tuesday, March 10, 2020 at 12:00 p.m. The parties may also file responses in opposition to the supplemental briefs, but must do so no later than Tuesday, March 17, 2020 at 12:00 p.m. The hearing previously scheduled for Friday, March 6, 2020 at 10:00 a.m. is now RESCHEDULED for Monday, March 23, 2020 at 10:30 a.m. Signed by Judge Federico A. Moreno on 3/3/2020. See attached document for full details. (km02)
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| ***Hearing RESCHEDULED for Monday, March 23, 2020 at 10:30 a.m. per #20 ORDER RESCHEDULING HEARING. (km02) |
| Filing 19 RESPONSE in Opposition re #17 Renewed MOTION for Preliminary Injunction for Petitioners and Proposed Class filed by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services. Replies due by 3/9/2020. (Lee, Dexter) |
| Filing 18 NOTICE of Attorney Appearance by Dexter Lee on behalf of Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services. Attorney Dexter Lee added to party Acting Director, U.S. Citizenship and Immigration Services(pty:dft), Attorney Dexter Lee added to party Acting Director, U.S. Immigration and Customs Enforcement(pty:dft), Attorney Dexter Lee added to party Acting Secretary of Homeland Security(pty:dft), Attorney Dexter Lee added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:dft), Attorney Dexter Lee added to party Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services(pty:dft). (Lee, Dexter) |
| Filing 17 Renewed MOTION for Preliminary Injunction for Petitioners and Proposed Class by LILIANA COHEN, ADOLFO KARR, IAN KARR, MICHAEL LYN, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. (Attachments: #1 Appendix I (Adolfo Karr and Liliana Cohen), #2 Appendix III (Valdirene Vasquez), #3 Appendix IV (Maria Reyes))(Dominguez, Anthony) |
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Filing 16
ORDER REQUIRING RESPONSE AND ORDER SETTING HEARING. Respondents' response to #1 Petitioners' Petition for Writ of Habeas Corpus and Class Action Complaint for APA Judicial Review is due no later than March 4, 2020 at 12:00 p.m.; Hearing set for March 6, 2020 at 10:00 a.m. Signed by Judge Federico A. Moreno on 2/26/2020. See attached document for full details. (km02)
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Filing 15
PAPERLESS ORDER granting #13 Petitioners' Unopposed Motion for Leave to File Oversized Motion for Preliminary Injunction. Signed by Judge Federico A. Moreno on 2/26/2020. (km02)
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| Filing 14 MOTION to Certify Class and Incorporated Memorandum of Law by LILIANA COHEN, ADOLFO KARR, IAN KARR, MICHAEL LYN, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. Responses due by 3/10/2020 (Attachments: #1 Exhibit A - Declaration of Bonnie Smerdon, #2 Exhibit B - Declaration of Nadine Heitz)(Dominguez, Anthony) |
| Filing 13 Unopposed MOTION for Leave to File Oversized Motion for Preliminary Injunction by LILIANA COHEN, ADOLFO KARR, IAN KARR, MICHAEL LYN, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A: Motion for Preliminary Injunction, #3 Appendix Appendix I, #4 Appendix Appendix II, #5 Appendix Appendix III, #6 Appendix Appendix IV)(Dominguez, Anthony) |
| Filing 12 NOTICE of Attorney Appearance by Natalie Diaz on behalf of Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services. Attorney Natalie Diaz added to party Acting Director, U.S. Citizenship and Immigration Services(pty:dft), Attorney Natalie Diaz added to party Acting Director, U.S. Immigration and Customs Enforcement(pty:dft), Attorney Natalie Diaz added to party Acting Secretary of Homeland Security(pty:dft), Attorney Natalie Diaz added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:dft), Attorney Natalie Diaz added to party Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services(pty:dft). (Diaz, Natalie) |
| Filing 11 ACKNOWLEDGMENT OF SERVICE as to #3 Summons Issued as to USA, #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, filed by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. (Prada, Mark) |
| Filing 10 Acknowledgment of Receipt of NOA from USCA re #9 Notice of Interlocutory Appeal, filed by LUIS FERNANDO ESCOBAR, PIEDAD DEL CARMEN MARULANDA. Date received by USCA: 2/19/20. USCA Case Number: 20-10597-EE. (hh) |
| Filing 9 Notice of Interlocutory Appeal as to #8 Order on Emergency Motion with Certification of Emergency, by LUIS FERNANDO ESCOBAR, PIEDAD DEL CARMEN MARULANDA. Filing fee $ 505.00 receipt number AFLSDC-12475334. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Dominguez, Anthony) |
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Filing 8
ORDER denying without prejudice and with leave to refile after service of process #7 Plaintiffs' Emergency Motion for Temporary Restraining Order. Signed by Judge Federico A. Moreno on 2/19/2020. See attached document for full details. (km02)
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| Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #9 Notice of Interlocutory Appeal. Notice has been electronically mailed. (hh) |
| Filing 7 Plaintiff's EMERGENCY MOTION with Certification of Emergency included (Emergency Motion for Temporary Restraining Order for Named Plaintiffs and Motion for Preliminary Injunction for Plaintiffs and Proposed Class by LILIANA COHEN, LUIS FERNANDO ESCOBAR, ADOLFO KARR, IAN KARR, MICHAEL LYN, PIEDAD DEL CARMEN MARULANDA, MARIA REYES, VALDIRENE VASQUEZ, ZACHARY VASQUEZ. Responses due by 3/3/2020 (Attachments: #1 Certification Certification of Emergency, #2 Exhibit A; Order Staying Removal, Camarena v. Dir., No. 19-13446 (11th Cir. Sept. 23, 2019), #3 Appendix Appendix I, #4 Appendix Appendix II, #5 Appendix Appendix III, #6 Appendix Appendix IV)(Dominguez, Anthony) |
| Filing 6 Clerks Notice to Filer re: Electronic Case. Alias Not Added. The Filer failed to add the alias information for the party(ies). The correction was made. It is not necessary to re-file this document. (pcs) |
| Filing 5 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The correction was made. It is not necessary to re-file the document. (pcs) |
| Filing 4 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (pcs) |
| Filing 3 Summons Issued as to Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Regional Director, for the Southeast Region, U.S. Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. (pcs) |
| Filing 1 Plaintiff's APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Class Action Complaint for APA Judicial Reivew. Filing fee $ 5.00 receipt number AFLSDC-12467937, filed by VALDIRENE VASQUEZ, IAN KARR, ZACHARY VASQUEZ, MICHAEL LYN, LILIANA COHEN, MARIA REYES, LUIS FERNANDO ESCOBAR, ADOLFO KARR, PIEDAD DEL CARMEN MARULANDA. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Proposed Summons, #3 Supplement Notice of Related Case(s))(Dominguez, Anthony) |
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