Niewialkouski et al v. Wolf et al
| Florencia Niewialkouski and Mario Niewialkouski |
| Michael W. Meade, Acting Director Kenneth T Cuccinelli, Acting Secretary Chad Wolf, Regional Director, USCIS Southeast Region, Service Center Director, USCIS Nebraska Service Center and Acting Director Matthew T Albence |
| 1:2019cv25287 |
| December 26, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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This docket was last retrieved on January 29, 2020. A more recent docket listing may be available from PACER.
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| Filing 18 PAPERLESS ORDER. In light of the parties' representations at the Status Conference held on 1/29/2020, Plaintiffs' #8 Emergency Motion for Temporary Restraining Order or Preliminary Injunction is denied as moot, the Court's #10 Order shall remain in place, and the case shall be administratively closed. The parties shall submit a Joint Status Report on or before September 1, 2020. (bfk) |
| Filing 17 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 1/29/2020. Total time in court: 16 minutes. Counsel for both parties present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk) |
Filing 16
PAPERLESS ORDER Resetting Status Conference: Telephonic Status Conference set for 1/29/2020 at 10:00 AM is reset for 1/29/2020 at 01:30 PM in Miami Division before Judge Darrin P. Gayles. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (bfk)
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| Set/Reset Hearings Status Conference set for 1/29/2020 10:00 AM in Miami Division before Judge Darrin P. Gayles. per DE 15 (cbr) |
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Filing 15
PAPERLESS ORDER. Based on the Government's representations at the hearing held on January 7, 2020, that it would not pursue removal or detention of Plaintiff Mario Niewialkouski in order to allow Plaintiff to pursue administrative remedies, the Court's #10 Order shall remain in place through January 29, 2020. Status Conference is set for January 29, 2020, at 10:00 AM in Miami Division before Judge Darrin P. Gayles. Counsel may enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (bfk)
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| Filing 14 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Motion Hearing held on 1/7/2020 re #8 EMERGENCY MOTION with Certification of Emergency included (Emergency Motion for Temporary Restraining Order & Stay of Removal) filed by Florencia Niewialkouski, Mario Niewialkouski. Total time in court: 34 minutes. Attorneys for both parties present. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (bfk) |
| Filing 13 NOTICE by Florencia Niewialkouski, Mario Niewialkouski (Notice of Supplemental Evidence in Support of Preliminary Injunction (Attachments: #1 Exhibit A - Supplemental Appendix) (Dominguez, Anthony) |
| Filing 12 RESPONSE in Opposition re #8 EMERGENCY MOTION with Certification of Emergency included (Emergency Motion for Temporary Restraining Order & Stay of Removal) filed by Matthew T Albence, Kenneth T Cuccinelli, Michael W. Meade, Regional Director, USCIS Southeast Region, Service Center Director, USCIS Nebraska Service Center, Chad Wolf. Replies due by 1/13/2020. (Pinheiro Schild, Clarissa) |
| Filing 11 NOTICE of Attorney Appearance by Clarissa Pinheiro Schild on behalf of Matthew T Albence, Kenneth T Cuccinelli, Michael W. Meade, Regional Director, USCIS Southeast Region, Service Center Director, USCIS Nebraska Service Center, Chad Wolf. Attorney Clarissa Pinheiro Schild added to party Matthew T Albence(pty:dft), Attorney Clarissa Pinheiro Schild added to party Kenneth T Cuccinelli(pty:dft), Attorney Clarissa Pinheiro Schild added to party Michael W. Meade(pty:dft), Attorney Clarissa Pinheiro Schild added to party Regional Director, USCIS Southeast Region(pty:dft), Attorney Clarissa Pinheiro Schild added to party Service Center Director, USCIS Nebraska Service Center(pty:dft), Attorney Clarissa Pinheiro Schild added to party Chad Wolf(pty:dft). (Pinheiro Schild, Clarissa) |
| Set/Reset Hearings Removal Hearing set for 1/7/2020 10:30 AM in Miami Division before Judge Darrin P. Gayles. per DE #10 (cbr) |
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Filing 10
ORDER STAYING ENFORCEMENT OF ORDER OF REMOVAL PENDING HEARING. Signed by Judge Darrin P. Gayles See attached document for full details. (hs01)
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| Filing 9 CERTIFICATE OF SERVICE by Florencia Niewialkouski, Mario Niewialkouski re #3 Summons Issued as to USA, #5 Summons Issued as to USA sent by mail under Rule 4(i)(A)(ii) (Prada, Mark) |
| Filing 8 EMERGENCY MOTION with Certification of Emergency included (Emergency Motion for Temporary Restraining Order & Stay of Removal) by Florencia Niewialkouski, Mario Niewialkouski. Responses due by 1/9/2020 (Attachments: #1 Exhibit A - Plaintiffs' Appendix, #2 Certification Certification of Emergency)(Dominguez, Anthony) |
| Filing 7 NOTICE of Attorney Appearance by Mark Andrew Prada on behalf of Florencia Niewialkouski, Mario Niewialkouski. Attorney Mark Andrew Prada added to party Florencia Niewialkouski(pty:pla), Attorney Mark Andrew Prada added to party Mario Niewialkouski(pty:pla). (Prada, Mark) |
| Filing 6 NOTICE of Attorney Appearance (Noticing INS) added for all defendants. (jc) |
| Filing 5 Summons Issued as to Service Center Director, USCIS Nebraska Service Center. (pes) |
| Filing 3 Summons Issued as to Matthew T Albence, Kenneth T Cuccinelli, Michael W. Meade, Regional Director, Chad Wolf, U.S. Attorney and U.S. Attorney General (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. (mee) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Complaint for APA Judicial Review. Filing fee $ 5.00 receipt number 113C-12255961, filed by Mario Niewialkouski, Florencia Niewialkouski. (Attachments: #1 Exhibit Notice of Similar Action, #2 Civil Cover Sheet Civil Cover Sheet, #3 Summon(s) Proposed Summons, #4 Exhibit Plaintiffs Appendix Pg. 1-91)(Dominguez, Anthony) |
| SYSTEM ENTRY - Docket Entry 4 [order] restricted/sealed until further notice. (ail) |
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