Palacios-Hernandez et al v. Field Office Director, ICE Miami Field Office et al
| Bonnie L Palacios and Raonel Palacios-Hernandez |
| Acting Director, U.S. Citizenship and Immigration Services, Acting Secretary of Homeland Security, Acting Director, U.S. Immigration and Customs Enforcmenet, Field Office Director, USCIS Fort Myers Field Office and Field Office Director, ICE Miami Field Office |
| 0:2020cv60643 |
| March 26, 2020 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on May 21, 2020. A more recent docket listing may be available from PACER.
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Filing 24
ORDER GRANTING MOTION TO STAY AND CLOSING CASE. Motion to Dismiss and Lift Preliminary Injunction, or, in the Alternative, Motion to Stay Proceedings DE#18 is GRANTED in part. The motion to stay is granted and the remainder of the motion is denied. Joint Motion for Extension of Time to Comply with Courts Order Requiring Joint Scheduling Report DE#23 is DENIED as moot. This matter is STAYED and administratively CLOSED. Signed by Judge Rodney Smith on 5/21/2020. See attached document for full details. (ebz)
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| Filing 23 Joint MOTION for Extension of Time to Comply with Court's Order Requiring Joint Scheduling Report re #17 Order Requiring Joint Scheduling Report, by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office. Responses due by 6/3/2020 (Smikle, Suzette) |
| Filing 22 Defendant's RESPONSE to #19 Reply to Response to Motion, / Response to Plaintiffs' Omnibus Motion for Order to Show Cause by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office. (Smikle, Suzette) |
| Filing 21 Notice of Supplemental Authority re #18 MOTION to Dismiss #3 EMERGENCY MOTION with Certification of Emergency included and Lift Preliminary Injunction MOTION to Stay , #19 Reply to Response to Motion, by Bonnie L Palacios, Raonel Palacios-Hernandez (Attachments: #1 Exhibit A - Karr Stay Order, #2 Exhibit B - Karr Reply Memo on Stay Motion, #3 Exhibit C - Letter re Cohen's I-212) (Prada, Mark) |
| Filing 20 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Bonnie L Palacios, Raonel Palacios-Hernandez (Prada, Mark) |
| Filing 19 REPLY to Response to Motion re #18 MOTION to Dismiss #3 EMERGENCY MOTION with Certification of Emergency included and Lift Preliminary Injunction MOTION to Stay AND Motion for Order to Show Cause, to Vacate Rule 16 Order (DE 17), and to Alternatively Stay These Proceedings filed by Bonnie L Palacios, Raonel Palacios-Hernandez. (Attachments: #1 Exhibit A)(Prada, Mark) |
| Filing 18 MOTION to Dismiss #1 Application/Petition for Writ of Habeas Corpus, and Lift Preliminary Injunction, or in the Alternative, Motion to Stay Proceeding ( Responses due by 5/12/2020) by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office. (Attachments: #1 Exhibit A)(Smikle, Suzette) Modified document link on 4/28/2020 (kpe). |
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Filing 17
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS Joint Scheduling Report due by 5/22/2020 Signed by Judge Rodney Smith on 4/27/2020. See attached document for full details. (ebz)
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| Filing 16 DEFENDANTS' RESPONSE to Petition for Writ of Habeas Corpus and AFFIRMATIVE DEFENSES by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office. (Smikle, Suzette) |
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Filing 15
ORDER GRANTING PRELIMINARY INJUNCTION AND DENYING MOTION TO DISMISS, granting #3 Motion for Preliminary Injunction filed by Raonel Palacios-Hernandez, Bonnie L Palacios, denying #10 Defendant's MOTION to Dismiss for Lack of Jurisdiction #3 EMERGENCY MOTION with Certification of Emergency included , #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, Defendant's MOTION TO DISMISS #3 EMERGENCY MOTION with Certification of Emergency included , #1 Application/Petition (Complaint) for Writ of Habeas Corpus, FOR FAILURE TO STATE A CLAIM filed by Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Director, U.S. Citizenship and Immigration Services, Field Office Director, USCIS Fort Myers Field Office. Respondents Answer due 4/24/2020. Signed by Judge Rodney Smith on 4/8/2020. See attached document for full details. (pcs)
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| Filing 14 PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Motion Hearing held on 4/8/2020, 9:15-9:50am re #10 Defendant's MOTION to Dismiss for Lack of Jurisdiction #3 EMERGENCY MOTION with Certifoms Enforcmenet, Acting Director, U.S. Citizenship and Immigration Services, Field Office Director, USCIS Fort Myers Field Office. The Court heard argument on motion to dismiss, via video conference; respondent's motion denied, and the motion for preliminary injunction is granted, order to follow. Attorney Appearance(s): Suzette A. Smikle, Mark Andrew Prada, Anthony Richard Dominguez, Court Reporter: Ellen Rassie, 305-523-5024 / ellen_rassie@flsd.uscourts.gov. (pm) Modified on 4/8/2020 (pm). |
| Filing 13 REPLY to Response to Motion re #10 Defendant's MOTION to Dismiss for Lack of Jurisdiction #3 EMERGENCY MOTION with Certification of Emergency included , #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, Defendant's MOTION TO DISMISS #3 EMERGENCY MOTION with Certification of Emergency included , #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, FOR FAILURE TO STATE A CLAIM , #3 EMERGENCY MOTION with Certification of Emergency included filed by Bonnie L Palacios, Raonel Palacios-Hernandez. (Attachments: #1 Exhibit A - Barrios Order (CA11))(Prada, Mark) |
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Filing 12
PAPERLESS ORDER granting #11 Motion for Leave to File Excess Pages. Petitioners may file a reply of no more than 15 pages. Signed by Judge Rodney Smith on 4/2/2020. (cbn)
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| Filing 11 Unopposed MOTION for Leave to File Excess Pages by Bonnie L Palacios, Raonel Palacios-Hernandez. (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
| Filing 10 Defendant's MOTION to Dismiss for Lack of Jurisdiction #3 EMERGENCY MOTION with Certification of Emergency included , #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, , Defendant's MOTION TO DISMISS #3 EMERGENCY MOTION with Certification of Emergency included , #1 Application/Petition (Complaint) for Writ of Habeas Corpus,, FOR FAILURE TO STATE A CLAIM ( Responses due by 4/15/2020) by Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Smikle, Suzette) |
| Filing 9 SUMMONS (Affidavit) Returned Executed by Raonel Palacios-Hernandez, Bonnie L Palacios. Acting Director, U.S. Citizenship and Immigration Services served on 3/31/2020, answer due 6/1/2020; Acting Director, U.S. Immigration and Customs Enforcmenet served on 3/31/2020, answer due 6/1/2020; Acting Secretary of Homeland Security served on 3/31/2020, answer due 6/1/2020; Field Office Director, ICE Miami Field Office served on 3/31/2020, answer due 6/1/2020; Field Office Director, USCIS Fort Myers Field Office served on 3/31/2020, answer due 6/1/2020. (Prada, Mark) |
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Filing 8
ORDER granting #3 Emergency Motion with Certification of Emergency. Replies due by 4/6/2020. Service due by 4/2/2020. Preliminary Injunction Hearing set for 4/8/2020 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Signed by Judge Rodney Smith on 3/27/2020. See attached document for full details. (pm)
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| Filing 7 NOTICE of Attorney Appearance by Suzette A. Smikle on behalf of Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office. Attorney Suzette A. Smikle added to party Acting Director, U.S. Citizenship and Immigration Services(pty:res), Attorney Suzette A. Smikle added to party Acting Director, U.S. Immigration and Customs Enforcmenet(pty:res), Attorney Suzette A. Smikle added to party Acting Secretary of Homeland Security(pty:res), Attorney Suzette A. Smikle added to party Field Office Director, ICE Miami Field Office(pty:res), Attorney Suzette A. Smikle added to party Field Office Director, USCIS Fort Myers Field Office(pty:res). (Smikle, Suzette) |
| Filing 6 NOTICE by Bonnie L Palacios, Raonel Palacios-Hernandez re #3 EMERGENCY MOTION with Certification of Emergency included , 5 Order Filing of Proposed Order for DE 3 (Prada, Mark) |
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Filing 5
PAPERLESS ORDER requiring compliance with Local Rule 7.1(a)(2) by March 27, 2020 at 5 p.m.. Signed by Judge Rodney Smith on 3/27/2020. (cbn)
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| Filing 4 Summons Issued as to Acting Director, U.S. Citizenship and Immigration Services, Acting Director, U.S. Immigration and Customs Enforcmenet, Acting Secretary of Homeland Security, Field Office Director, ICE Miami Field Office, Field Office Director, USCIS Fort Myers Field Office, U.S. Attorney and U.S. Attorney General (ail) |
| Filing 3 EMERGENCY MOTION with Certification of Emergency included by Bonnie L Palacios, Raonel Palacios-Hernandez. Responses due by 4/10/2020 (Attachments: #1 Exhibit A - Camarena Order (CA11), #2 Exhibit B - Gov't Filing, Karr v Meade (CA11), #3 Certification)(Prada, Mark) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. (ail) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-12658584, filed by Raonel Palacios-Hernandez, Bonnie L Palacios. (Attachments: #1 Civil Cover Sheet, #2 Notice of Similar Actions, #3 Summon(s), #4 Exhibit A - Plan of Action for Removal, #5 Exhibit B - I-130 Approval, #6 Exhibit C - I-212 Receipt, #7 Exhibit D - I-212 Packet, #8 Exhibit E - Mother's Updated Cancer Records)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Prada, Mark) |
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