Hyacinthe v. Acting Secretary of Homeland Security et al
| Jacques Ricardo Hyacinthe |
| Acting Director of United States Immigration and Customs Enforcement, Acting Secretary of Homeland Security, United States Immigration and Customs Enforcement, United States Department of Homeland Security, Attorney General of the United States and Field Office Director, Enforcement and Removal Operations, Miami Field Office |
| 1:2019cv21682 |
| April 30, 2019 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 21, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 Supplemental REPLY to 20 Order,,, sur-sur-reply by Acting Director of United States Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Attorney General of the United States, Field Office Director, Enforcement and Removal Operations, Miami Field Office, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: #1 Exhibit A - Chen v. Irwin County Detention Ctr., Case No. 19-CV-4-WLS-MSH)(Cheek, Christopher) |
| Filing 24 Supplemental REPLY Sur-reply by Jacques Ricardo Hyacinthe. (Brady, Rosanne) |
Filing 23
ORDER denying in part #7 Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Beth Bloom on 6/4/2019. See attached document for full details. (kpe)
|
| Reset Deadlines Per DE#22. Responses due by 6/17/2019 (cqs) |
|
Filing 22
PAPERLESS ORDER granting Petitioner's Motion for Extension of Time, ECF No. #21 . The deadline for Petitioner to file a sur-reply is June 17, 2019 and the deadline for Respondents to file a sur-sur reply is June 24, 2019. See ECF No. 20 . Signed by Judge Beth Bloom on 5/31/2019. (mpn)
|
| Filing 21 First MOTION for Extension of Time To File Sur-Reply by Jacques Ricardo Hyacinthe. Responses due by 6/14/2019 (Brady, Rosanne) |
|
Filing 20
PAPERLESS ORDER requiring additional briefing. THIS CAUSE is before the Court following review of the parties' briefings. Petitioner is directed to file a sur-reply by June 10, 2019 addressing the application of Osorio-Martinez v. Attorney Gen. United States of America, 893 F.3d 153 (3d Cir. 2018), with respect to the Court's constitutional basis for jurisdiction under the Suspension Clause, in light of Garcia-Mir v. Smith, 766 F.2d 1478 (11th Cir. 1985) and its progeny. Respondents shall file a sur-sur-reply by June 17, 2019, addressing Petitioner's sur-reply and Petitioner's argument set forth in his Reply brief that Petitioner's release does not moot his habeas claims because Petitioner will suffer "collateral consequences," see ECF No. #19 at 2-3. Petitioner's sur-reply and Respondents' sur-sur-reply shall each be limited to seven pages in length. Signed by Judge Beth Bloom (BB)
|
| Filing 19 SUPPLEMENT Corrected Reply Brief Initial Page by Jacques Ricardo Hyacinthe (Brady, Rosanne) |
| Filing 18 First REPLY to Respondents Supplemental Response by Jacques Ricardo Hyacinthe. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brady, Rosanne) |
|
Filing 17
PAPERLESS ORDER requiring Petitioner's Reply. The Court notes that Respondents have filed a Response to Emergency Petition for Writ of Habeas Corpus and Emergency Motion for TRO and Preliminary Injunction and a Supplemental Response, ECF Nos. #14 and #16 . Respondents contend that Petitioner's claims regarding release from custody are moot because Petitioner was released from custody on May 3, 2019 and Petitioner's claims arising from his expedited removal order are barred by statute Petitioner is directed to file a Reply in Support of his Emergency Petition for Writ of Habeas Corpus and Emergency Motion for TRO and Preliminary Injunction, ECF Nos. #1 and #7 , addressing each of Respondents' arguments on or before May 17, 2019. Signed by Judge Beth Bloom (BB)
|
| Filing 16 SUPPLEMENT to 15 Order,, Respondents' supplemental response by Acting Director of United States Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Attorney General of the United States, Field Office Director, Enforcement and Removal Operations, Miami Field Office, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: #1 Composite exhibit 1 - redacted order to release and OSUP, #2 Exhibit 2 - I-213, #3 Exhibit 3 - Decision Denying I-130, #4 Exhibit 4 - Denial of Form I-246 Application for Stay of Deportation or Removal, #5 Exhibit 5 - Motion to Reopen and Vacate Expedited Removal Order, #6 Exhibit 6 - Denial of Motion to Reopen and Vacate ERO)(Cheek, Christopher) |
| Reset Deadlines Per DE#15. Responses due by 5/10/2019 (cqs) |
|
Filing 15
PAPERLESS ORDER requiring further response from Respondents. The Court has received Respondents' Response to Emergency Petition for Writ of Habeas Corpus and Emergency Motion for TRO and Preliminary Injunction, setting forth that no action will be taken to effect Petitioner's removal before May 20, 2019. See ECF No. #14 . Nevertheless, consistent with this Court's May 1, 2019 Order, ECF No. 8 , Respondents shall, on or before May 10, 2019, file their response(s) to show cause why the Court should not grant the Petition and file their response(s) to Petitioner's Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Beth Bloom (BB)
|
| Filing 14 RESPONSE to 8 Order,, #1 Application/Petition (Complaint) for Writ of Habeas Corpus, #7 First EMERGENCY MOTION with Certification of Emergency included by Acting Director of United States Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Attorney General of the United States, Field Office Director, Enforcement and Removal Operations, Miami Field Office, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Cheek, Christopher) |
|
Filing 13
PAPERLESS ORDER granting #12 Motion for Extension of Time to File Response by 11:59 p.m. on Friday, May 3, 2019. Signed by Judge Beth Bloom (BB)
|
| Filing 12 MOTION for Extension of Time to File Response/Reply/Answer as to 8 Order,, by Acting Director of United States Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Attorney General of the United States, Field Office Director, Enforcement and Removal Operations, Miami Field Office, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Cheek, Christopher) |
| Filing 11 NOTICE of Filing Proof of Service by Jacques Ricardo Hyacinthe Notice of Conventional Filing (Attachments: #1 Certification Proof of Service, #2 Exhibit Service Receipts) (Brady, Rosanne) Modified text on 5/3/2019 (kpe). |
| Filing 10 NOTICE of Attorney Appearance by Christopher Edward Cheek on behalf of Acting Director of United States Immigration and Customs Enforcement, Acting Secretary of Homeland Security, Attorney General of the United States, Field Office Director, Enforcement and Removal Operations, Miami Field Office, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Attorney Christopher Edward Cheek added to party Acting Director of United States Immigration and Customs Enforcement(pty:dft), Attorney Christopher Edward Cheek added to party Acting Secretary of Homeland Security(pty:dft), Attorney Christopher Edward Cheek added to party Attorney General of the United States(pty:dft), Attorney Christopher Edward Cheek added to party Field Office Director, Enforcement and Removal Operations, Miami Field Office(pty:dft), Attorney Christopher Edward Cheek added to party United States Department of Homeland Security(pty:dft), Attorney Christopher Edward Cheek added to party United States Immigration and Customs Enforcement(pty:dft). (Cheek, Christopher) |
| Filing 9 NOTICE of Filing Proof of Service by Jacques Ricardo Hyacinthe Notice of Filing (Attachments: #1 Certification Proof of Service) (Brady, Rosanne) Modified on 5/2/2019 (kpe). |
|
Filing 8
PAPERLESS ORDER requiring notice by Petitioner and response(s) by the Respondents. The Petitioner shall by 11:59 p.m. on May 1, 2019, file with the Court proof that it has properly served Respondents with the Petitioner's Emergency Petition for Writ of Habeas Corpus, ECF No. #1 , and Petitioner's Emergency Motion for Temporary Restraining Order and Preliminary Injunction, ECF No. #7 . Thereafter, Respondents shall by 11:59 p.m. on May 2, 2019, file their response(s) to the Emergency Petition for Writ of Habeas Corpus and response(s) to Petitioner's Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Beth Bloom (BB)
|
| Filing 7 First EMERGENCY MOTION with Certification of Emergency included by Jacques Ricardo Hyacinthe. Responses due by 5/15/2019 (Attachments: #1 Certification Emergency)(Brady, Rosanne) |
| Filing 6 NOTICE of Filing Exhibits List by Jacques Ricardo Hyacinthe re 5 Order, 4 Order on Motion to Appear Pro Hac Vice, #3 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Franklyn Maurice Krieger. $75 Filing Fee $ 75.00 Receipt # 113C-11604586, #1 Application/Petition (Complaint) for Writ of Habeas Corpus, 2 Clerk's Notice of Judge Assignment (Attachments: #1 Exhibit) (Brady, Rosanne) Modified on 5/2/2019 (kpe). |
|
Filing 5
PAPERLESS ORDER requiring Petitioner to submit the exhibits referenced in the Petition but not attached to ECF No. #1 . Specifically, Petitioner must file Exhibit A, the Notice and Order of Expedited Removal, Exhibit B, CPB Form I-94, and Exhibit C, Order of Supervision, by 3:00 pm on May 1, 2019. Signed by Judge Beth Bloom (BB)
|
|
Filing 4
PAPERLESS ORDER granting #3 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Franklyn Maurice Krieger. Signed by Judge Beth Bloom (BB)
|
| Filing 3 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Franklyn Maurice Krieger. $75 Filing Fee $ 75.00 Receipt # 113C-11604586 by Jacques Ricardo Hyacinthe. Responses due by 5/15/2019 (Brady, Rosanne) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. (kpe) |
| Filing 1 EMERGENCY PETITION for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number 113C-11602922, filed by Jacques Ricardo Hyacinthe. (Attachments: #1 Civil Cover Sheet)(Brady, Rosanne) Modified text on 5/1/2019 (jc). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
