Ferron-Ferri et al v. Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement et al
| Doraydee Rios-Castellon and Javier Ferron-Ferri |
| Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services, USCIS National Benefits Center and Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement |
| 1:2020cv20965 |
| March 3, 2020 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on April 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 27 Acknowledgment of Receipt of NOA from USCA re #26 Notice of Interlocutory Appeal, filed by Doraydee Rios-Castellon, Javier Ferron-Ferri. Date received by USCA: 4/21/20. USCA Case Number: 20-11492-H. (hh) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #26 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz) |
| Filing 26 Notice of Interlocutory Appeal as to #25 Order, by Javier Ferron-Ferri, Doraydee Rios-Castellon. Filing fee $ 505.00 receipt number AFLSDC-12770065. 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) |
Filing 25
OPINION AND ORDER Denying Preliminary Injunction and Dissolving Stay re #4 EMERGENCY MOTION with Certification of Emergency included for Stay of Removal filed by Doraydee Rios-Castellon, Javier Ferron-Ferri Signed by Judge Robert N. Scola, Jr on 4/17/2020. See attached document for full details. (yha)
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| Filing 24 REPLY to #22 Response/Reply (Other), #20 Response to Habeas Petition, by Javier Ferron-Ferri, Doraydee Rios-Castellon. (Attachments: #1 Exhibit A - Camarena v. Dir. (CA11), #2 Exhibit B - Barrios v. Act. Sec'y of DHS (CA11))(Prada, Mark) |
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Filing 23
PAPERLESS ORDER denying #21 Petitioner's unopposed motion to file an enlarged brief. Petitioner has not complied with the Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states, in part: "If a document to be filed requires a motion requesting leave of Court (e.g., an amended complaint, a document to be filed out of time, or a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." This allows a court to review the proposed filing to evaluate whether excess pages are necessary. Here, Petitioner, asserts needing an additional five pages to reply to the Government "as the subject matter of the briefing relate to the merits of the petitioner's habeas petition and complaint, and the petitioner's motion for a preliminary injunction" but provides no analysis. It is the Court's experience an enlarged brief does not assist the Court because it is belabored with repetitive arguments. Petitioner failed to establish some special need for excess pages, and the motion is denied. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 22 RESPONSE to #16 Status Report, #14 Status Report, by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services, USCIS National Benefits Center. (Attachments: #1 Exhibit Exhibit A - Declaration of SISO Paredes, #2 Exhibit Exhibit B- Notice on Decision, #3 Exhibit Exhibit C- Declaration of OIC Krome)(Diaz, Natalie) |
| Filing 21 Unopposed MOTION for Leave to File Excess Pages by Javier Ferron-Ferri, Doraydee Rios-Castellon. (Attachments: #1 Text of Proposed Order)(Prada, Mark) |
| Filing 20 RESPONSE to Petition for Writ of Habeas Corpus by Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services, USCIS National Benefits Center. (Attachments: #1 Exhibit A, #2 Exhibit B)(Diaz, Natalie) |
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Filing 19
PAPERLESS ORDER: The Court strikes #18 the Petitioners' second supplemental status report. Neither the Local Rules nor the Federal Rules of Civil Procedure authorize filing such a report. The filing was also not otherwise ordered by the Court. If the Petitioners seek relief pertinent to their case, they should file a motion, captioned as such and specifically authorized by the Local Rules or Federal Rules of Civil Procedure. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 18 STRICKEN - STATUS REPORT Second Supplemental Status Report by Javier Ferron-Ferri, Doraydee Rios-Castellon (Attachments: #1 Exhibit A, #2 Exhibit B)(Prada, Mark) Modified per DE 19 Order on 4/8/2020 (pes). |
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Filing 17
PAPERLESS ORDER: The Court orders the Respondents to respond, on an expedited basis, to #1 the Petitioners' petition, including the issues raised in #4 their motion for a preliminary injunction; #14 their portion of the status report; and #16 their supplemental status report. The Court also orders the Respondents to fully address the Petitioners' requests for Ferron-Ferri to be released, with or without monitoring. The Respondents must file their response on or before April 8, 2020. The Petitioners must thereafter reply to that response on or before April 10, 2020. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 16 STATUS REPORT Supplemental - Changed Facts by Javier Ferron-Ferri, Doraydee Rios-Castellon (Attachments: #1 Exhibit A - USCIS Decision)(Prada, Mark) |
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Filing 15
PAPERLESS ORDER: After reviewing the parties' joint status report, the Court cancels the hearing previously set for April 3, 2020. A more detailed order will follow. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 14 STATUS REPORT Jointly Filed by Javier Ferron-Ferri, Doraydee Rios-Castellon (Attachments: #1 Exhibit A - Honduran Civil Dispute, #2 Exhibit B - USCIS Closing, #3 Exhibit C - Immigration Court Closing, #4 Exhibit D - Miami Herald Article, #5 Exhibit E - Ferron's Medical Reports, #6 Exhibit F - ICE Memo re: Alternatives to Detention)(Prada, Mark) |
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Filing 13
PAPERLESS ORDER: The Court orders the parties to file a joint status report, by 3:00 pm on Thursday, April 2, 2020, regarding (1) the status of this case; (2) the parties' assessment of the necessity of the upcoming hearing or whether written filings might suffice instead; (3) if a hearing is necessary, what issues the parties intend to present to the Court at the telephonic hearing scheduled for Friday, April 3, 2020; and (4) how much time the parties estimate should be reserved for their presentation to the Court. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 12 SUMMONS (Affidavit) Returned Executed by Javier Ferron-Ferri, Doraydee Rios-Castellon. Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement served on 3/10/2020, answer due 5/11/2020; Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services served on 3/10/2020, answer due 5/11/2020; USCIS National Benefits Center served on 3/10/2020, answer due 5/11/2020. (Prada, Mark) |
| Filing 11 PAPERLESS NOTICE TO PARTIES:Due to the coronavirus, for any hearings scheduled through and including April 23, 2020, unless otherwise specified by the Court all hearings shall be conducted only telephonically. Attorneys and or pro se parties shall call, preferably from a land-line, toll free 1-888-684-8852 five minutes prior to the scheduled time, enter access code 5939288 followed by the # sign, and then security code 2525 followed by the # sign. Attorneys and parties shall not personally attend the hearings to avoid spread of the virus. Signed by Judge Robert N. Scola, Jr on 3/25/2020. (jh) |
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Filing 10
ORDER Granting a Temporary Stay of Removal, (Telephonic Status Conference set for 4/3/2020 09:15 AM before Judge Robert N. Scola Jr..) Signed by Judge Robert N. Scola, Jr on 3/24/2020. See attached document for full details. (jbs)
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| Filing 9 NOTICE by Javier Ferron-Ferri, Doraydee Rios-Castellon re 7 Order on Emergency Motion with Certification of Emergency,,, #4 EMERGENCY MOTION with Certification of Emergency included for Stay of Removal (Attachments: #1 Text of Proposed Order) (Prada, Mark) |
| Filing 8 PAPERLESS Minute Entry for proceedings held before Judge Robert N. Scola, Jr: Motion Hearing held on 3/4/2020 re #4 EMERGENCY MOTION with Certification of Emergency included for Stay of Removal filed by Doraydee Rios-Castellon, and Javier Ferron-Ferri. Status Conference is set for 04/03/2020 at 9:15 AM. See Paperless Order at docket entry No. 7. Total time in court: 45 minutes. Attorney Appearance(s): Anthony Richard Dominguez, Mark Andrew Prada, and AUSA Natalie Diaz, Court Reporter: Tammy Nestor, 305-523-5148 / Tammy_Nestor@flsd.uscourts.gov. (jh) |
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Filing 7
PAPERLESS ORDER: The Court grants, in part, and defers, in part, #4 the Petitioner's emergency motion for a temporary restraining order. After considering the parties' oral arguments and written briefings, and for the reasons stated on the record, Petitioner Javier Ferron-Ferri may not be removed from this country, pending further order from the Court. The Court sets a status conference in this matter for April 3, 2020, at 9:15 am, in the Wilkie D. Ferguson, Jr., United States Courthouse, 400 North Miami Avenue, Courtroom 12-3 Miami, Florida 33128. The Petitioner must submit a proposed order, granting a temporary stay of removal, to the Court by noon on Monday, March 9, 2020. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 6 NOTICE of Attorney Appearance by Natalie Diaz on behalf of Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services, USCIS National Benefits Center. Attorney Natalie Diaz added to party Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement(pty:res), Attorney Natalie Diaz added to party Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services(pty:res), Attorney Natalie Diaz added to party USCIS National Benefits Center(pty:res). (Diaz, Natalie) |
| Set Hearing re DE#7. Status Conference Re: Motion set for 4/3/2020 9:15 AM in Miami Division before Judge Robert N. Scola Jr. (scn) |
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Filing 5
PAPERLESS ORDER setting hearing for March 4, 2020, at 10:00am, in the Wilkie D. Ferguson, Jr., United States Courthouse, 400 North Miami Avenue, Courtroom 12-3 Miami, Florida 33128, on #4 the Petitioner's emergency motion for a temporary restraining order. Counsel for the Petitioner must immediately contact, by telephone and email, the government attorneys with whom he has been in communication regarding this matter to notify them of the Court's setting of this hearing. Counsel must also serve government counsel with #4 the emergency motion. The Court additionally notes that the Petitioner's motion does not comply with Local Rule 7.1(a)(2). Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 4 EMERGENCY MOTION with Certification of Emergency included for Stay of Removal by Javier Ferron-Ferri, Doraydee Rios-Castellon. Responses due by 3/17/2020 (Attachments: #1 Certification)(Prada, Mark) |
| Filing 3 Summons Issued as to Field Office Director, Miami Field Office, U.S. Immigration and Customs Enforcement, Field Office Director, Orlando Field Office, U.S. Citizenship and Immigration Services, USCIS National Benefits Center, U.S. Attorney and U.S. Attorney General (jao) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. (jao) |
| Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-12546646, filed by Javier Ferron-Ferri, Doraydee Rios-Castellon. (Attachments: #1 Appendix, #2 Civil Cover Sheet, #3 Summon(s))(Prada, Mark) |
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