Campbell v. Acting Secretary for the United States Department of Homeland Security et al
| Boyd Campbell |
| Acting Secretary Chad Wolf, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Attorney General William Barr, Attorney General of the United States and Acting Secretary for the United States Department of Homeland Security |
| 1:2020cv20768 |
| February 21, 2020 |
| US District Court for the Southern District of Florida |
| Edwin G Torres |
| Kathleen M Williams |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 30
PAPERLESS ORDER. THIS MATTER is before the Court on Respondent's motion to dismiss for lack of jurisdiction #26 . The motion argues that this matter should be dismissed as moot because Petitioner was released from ICE's custody on April 7, 2020. In a motion #27 seeking leave to file a response, Petitioner's counsel confirmed that he has been released. Accordingly, upon review of the motion and the record, it is ORDERED that Respondent's motion to dismiss is GRANTED. The telephonic hearing set for tomorrow, April 9, 2020 at 10:00 AM is CANCELLED. This case is CLOSED and all other pending motions are DENIED AS MOOT. Signed by Judge Kathleen M. Williams on 4/8/2020. (jws)
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| Filing 29 NOTICE by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement re 23 Order on Motion to Expedite,,, (Attachments: #1 Affidavit) (Bailyn, Jonathan) |
| Filing 28 RESPONSE to Motion re #27 MOTION for Leave to File response to motion to dismiss by April 10, 2020 filed by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement. Replies due by 4/14/2020. (Attachments: #1 Exhibit A, E-mail Notice)(Bailyn, Jonathan) |
| Filing 27 MOTION for Leave to File response to motion to dismiss by April 10, 2020 by Boyd Campbell. (Prada, Mark) |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction #20 MOTION to Expedite consideration of habeas petition, #24 Renewed MOTION to Expedite , #1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement. Responses due by 4/21/2020 (Attachments: #1 Exhibit A, Letter re: Stay, #2 Exhibit B, Release Notification)(Bailyn, Jonathan) |
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Filing 25
PAPERLESS ORDER Setting Telephonic Status Conference. THIS MATTER is before the Court on a sua sponte review of the record. A Telephonic Status Conference is SET for April 9, 2020 at 10:00 AM in the Miami Division before Judge Kathleen M. Williams. Defendants shall file their response required in the Court's prior order 23 by April 8, 2020 at 12:00 PM. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/6/2020. (jws)
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| Filing 24 Renewed MOTION to Expedite by Boyd Campbell. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Declaration of Petitioner, #3 Exhibit 2 - Emails re: POCR, #4 Exhibit 3 - Email to DO Martinez, #5 Exhibit 4 - POCR Evidence, #6 Exhibit 5 - Emails re POCR Decision, #7 Exhibit 6 - Email re Interview, Etc, #8 Exhibit 7 - Herald, Coronavirus among Fla Inmates, #9 Exhibit 8 - Article, Panic in Immigration Courts, #10 Exhibit 9 - Declaration, Former ICE Director, Sandweg, J, #11 Exhibit 10 - Time, Makeshift Morgues, #12 Exhibit 11 - Fla. Exec. Orders, #13 Exhibit 12 - Declaration, DO Jenkins, #14 Exhibit 13 - ICE PBNDS Standards, #15 Exhibit 14 - Compiled Decisions, #16 Exhibit 15 - Herald, Monroe Jail Ends Contract with ICE)(Prada, Mark) |
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Filing 23
PAPERLESS ORDER. Pursuant to the discussion held today, April 1, 2020, during the telephonic status conference, the Court RESERVES its ruling on Petitioner's motion for expedited consideration of his habeas petition. #20 . As stated during the hearing, the Court will analyze the reasonable foreseeability of Petitioner's removal--as required under Zadvydas--in light of the continuously changing circumstances surrounding the global pandemic. The Court has ordered the Respondent to provide additional information regarding the steps being taken to ensure the health and safety of Petitioner while he is detained at Krome. This supplemental information shall be filed with the Court by April 8, 2020. Signed by Judge Kathleen M. Williams on 4/1/2020. (jws)
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| Filing 22 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Conference held on 4/1/2020. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) |
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Filing 21
PAPERLESS ORDER Setting Telephonic Hearing. A telephonic hearing is set on Petitioner's habeas petition #1 for Wednesday, April 1, 2020 at 2:00 PM in the Miami Division before Judge Kathleen M. Williams. The Parties shall use the following dial-in information. Please dial in 5 minutes before the scheduled start of the hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 3/30/2020. (jws)
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| Filing 20 MOTION to Expedite consideration of habeas petition by Boyd Campbell. (Attachments: #1 Exhibit A - Letter of Pros. Allen and Rich, #2 Exhibit B - Conlin Declaration, #3 Exhibit C - Marsha Hardy Declaration, #4 Exhibit D - Venters Declaration)(Prada, Mark) |
| Filing 19 REPLY to Response to Motion re #5 MOTION for Order to Show Cause , #17 MOTION for Leave to File Reply to Government's Response Brief filed by Boyd Campbell. (Attachments: #1 Exhibit 1 - Order of Supervision, #2 Exhibit 2 - Document Preservation Request, #3 Exhibit 3 - Stay Application)(Prada, Mark) |
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Filing 18
PAPERLESS ORDER. Petitioner's motion to file a reply to the response to the Court's order to show cause is GRANTED. Petitioner's reply shall be filed by March 11, 2020 and shall not exceed 15 pages. Signed by Judge Kathleen M. Williams on 3/9/2020. (jws)
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| Filing 17 MOTION for Leave to File Reply to Government's Response Brief by Boyd Campbell. (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
| Filing 16 RESPONSE to #1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Acting Secretary for the United States Department of Homeland Security, Attorney General of the United States, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Bailyn, Jonathan) |
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Filing 15
PAPERLESS ORDER granting #11 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Gregory P. Copeland. The Clerk shall add pro hac counsel as co-counsel for Petitioner. Signed by Magistrate Judge Edwin G. Torres on 3/2/2020. (EGT)
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Filing 14
PAPERLESS ORDER granting #12 Respondent's Motion for Extension of Time. For good cause shown, Respondent's motion for an extension of time is GRANTED. Respondent shall respond to the Order to Show Cause by March 6, 2020. Signed by Judge Kathleen M. Williams on 3/2/2020. (jws)
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| Filing 13 RESPONSE in Opposition re #12 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Application/Petition (Complaint) for Writ of Habeas Corpus, filed by Boyd Campbell. Replies due by 3/9/2020. (Attachments: #1 Exhibit 1 - Jenkins Communications, #2 Exhibit 2 - Gamboa Communications)(Prada, Mark) |
| Filing 12 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Application/Petition (Complaint) for Writ of Habeas Corpus, by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement. (Bailyn, Jonathan) |
| Filing 11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory P. Copeland. Filing Fee $ 200.00 Receipt # AFLSDC-12516925 by Boyd Campbell. Responses due by 3/11/2020 (Prada, Mark) |
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Filing 10
ORDER TO SHOW CAUSE (Show Cause Response due by 3/3/2020.), Acting Secretary for the United States Department of Homeland Security (Chad F. Wolf) and Attorney General of the United States (William Barr) terminated. Signed by Judge Kathleen M. Williams on 2/25/2020. See attached document for full details. (pcs)
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Filing 9
PAPERLESS ORDER granting in part and denying in part #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The motion is Granted in part only as to Attorney Sarah T. Gillman, who shall be added as pro hac counsel for Petitioner. The motion is Denied for any remaining counsel included in the motion as Admin. Order. 2020-9 requires payment of $200.00 per attorney seeking pro hac admission. A renewed motion, with the appropriate fee, may be filed as to other counsel seeking admission. Signed by Magistrate Judge Edwin G. Torres on 2/25/2020. (EGT)
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| Filing 8 NOTICE of Attorney Appearance by Jonathan Bailyn on behalf of Acting Secretary for the United States Department of Homeland Security, Attorney General of the United States, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement. Attorney Jonathan Bailyn added to party Acting Secretary for the United States Department of Homeland Security(pty:res), Attorney Jonathan Bailyn added to party Attorney General of the United States(pty:res), Attorney Jonathan Bailyn added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:res). (Bailyn, Jonathan) |
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Filing 7
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES, referring case to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 2/25/2020. See attached document for full details. (pcs)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gregory P. Copeland, and Sarah T. Gillman. Filing Fee $ 200.00 Receipt # AFLSDC-12507881 by Boyd Campbell. Responses due by 3/10/2020 (Prada, Mark) |
| Filing 5 MOTION for Order to Show Cause by Boyd Campbell. (Prada, Mark) |
| 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 Secretary for the United States Department of Homeland Security, Attorney General of the United States, Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement and U.S. Attorney (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. (pcs) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 and Motion for Order to Show Cause. Filing fee $ 5.00 receipt number AFLSDC-12494490, filed by Boyd Campbell. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Civil Cover Sheet, #7 Motion for Order to Show Cause, #8 Summon(s))(Prada, Mark) |
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