Eadaan v. U.S. Attorney General et al
Plaintiff: Naseer Akram Eadaan
Defendant: U.S. Attorney General, Florida Field Office Director, U.S. Attorney's Office and Warden of Immigration Detention Facility
Case Number: 1:2021cv20046
Filed: January 5, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2021 Opinion or Order Filing 17 ORDER DISMISSING CASE. The Petition [ECF No. #1 ] is DISMISSED as moot. Any pending motions, including any requests for an evidentiary hearing, are DENIED as moot. All deadlines are TERMINATED. The Clerk of Court shall CLOSE this case. on 2/8/2021. See attached document for full details. (daa)
February 5, 2021 Filing 16 DECLARATION AND MOTION for Hearing by Naseer Akram Eadaan. (cqs)
February 3, 2021 Filing 15 SUPPLEMENT to #14 Response to Order to Show Cause,, Response/Reply (Other), by Florida Field Office Director, U.S. Attorney General, U.S. Attorney's Office, Warden of Immigration Detention Facility (Attachments: #1 Exhibit DHS Form 1-296 Verification of Removal of Petitioner)(Weinkle, James)
January 24, 2021 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause, Corrected RESPONSE to #6 Order to Show Cause, #1 Application/Petition (Complaint) for Writ of Habeas Corpus Corrected Response of Respondents (Corrects ECF No. 11) by Florida Field Office Director, Warden of Immigration Detention Facility, U.S. Attorney General, U.S. Attorney's Office. (Weinkle, James)
January 24, 2021 Filing 13 NOTICE by Florida Field Office Director, U.S. Attorney General, U.S. Attorney's Office, Warden of Immigration Detention Facility re #12 Notice (Other), #11 Response to Order to Show Cause,,,,,,,,,,,,,,,,,,,,,,,,,, Response/Reply (Other),,,,,,,,,,,,,,,,,,,,,,,,, of Filing Corrected Index of Exhibits Supporting Respondents Response To Petition For Writ Of Habeas Corpus And Order To Show Cause (Attachments: #1 Appendix Respondents Corrected Index Of Appendix To Respondents Exhibits) (Weinkle, James)
January 24, 2021 Filing 12 NOTICE by Florida Field Office Director, U.S. Attorney General, U.S. Attorney's Office, Warden of Immigration Detention Facility re #11 Response to Order to Show Cause,,,,,,,,,,,,,,,,,,,,,,,,,, Response/Reply (Other),,,,,,,,,,,,,,,,,,,,,,,,, of Filing Exhibit 33 To Respondents Response To Petition For Writ Of Habeas Corpus And Paragraph 2 Of Order To Show Cause (Attachments: #1 Exhibit 33 - September 17, 2020 Decision to Continue Detention letter) (Weinkle, James)
January 23, 2021 Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #6 Order to Show Cause, RESPONSE to Petition for Habeas Corpus (ECF No. 1) by Florida Field Office Director, Warden of Immigration Detention Facility, U.S. Attorney General, U.S. Attorney's Office. (Attachments: #1 Appendix Responsdents Appendix With Index Of Exhibits Supporting Response To Petition For Writ Of Habeas Corpus In Compliance With Paragraph 2 Of Order To Show Cause, #2 Exhibit "1" - January 22, 2021 Declaration of Deportation Officer Aldo Martin, Krome Service Processing Center, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO)., #3 Exhibit "2" - November 14, 2017 Declaration of Detention and Deportation Officer Julius Clinton, ICE, ERO, Removal and International Operations, #4 Exhibit "3" - January 10, 2017 Record of Deportable Alien, Form I-213, identifying Petitioner, as George (Unknown Last Name), #5 Exhibit "4" - December 28, 2020 Declaration of Petitioner Eadaan, Naseer Akram AKA Arthur, George Phillip (Petitioners Decl.), ECF No. 1 at 11 12, #6 Exhibit "5" - January 10, 2017 Form I-860 Notice and Order of Expedited Removal, #7 Exhibit "6" - Form M-444, Information about Credible Fear Interview, served January 10, 2017, #8 Exhibit "7" - February 2, 2017 Form I-863 Notice of Referral to Immigration Judge, #9 Exhibit "8" - February 7, 2017 Order of Immigration Judge in Credible Fear Review Proceedings, #10 Exhibit "9" - Hamama v. Adducci, 261 F.Supp.3d 820, 841, No. 2:17-cv-11910-MAG-DRG, Opinion & Order Granting Petitioners Motion For Preliminary Injunction (Dkt. 77), ECF No. 87 at 33, (E.D. Mich. July 24, 2017), #11 Exhibit "10" - Hamama v. Adducci, No. 2:17-cv-11910-MAG-DRG, Respondents Motion To Lift Preliminary Injunction As To George P. Arthur and Others With Final Orders Of Expedited Removal, ECF No. 134, (E.D. Mich. Nov. 1, 2017)., #12 Exhibit 11 - Hamama v. Adducci, No. 2:17-cv-11910-MAG-DRG, Stipulated Order Lifting The Preliminary Injunction (ECF 87) For George P. Arthur (ECF 134)., ECF No. 384, (E.D. Mich. Sept. 5, 2018)., #13 Exhibit "12" - Hamama v. Adducci, 912 F.3d 869, 880 (6th Cir. 2018) (December 20, 2018 Decision of the United States Court of Appeals for the Sixth Circuit vacating and remanding the Preliminary Injunction) -, #14 Exhibit "13" - George Phillip Arthur, Petitioner, v. Jefferson Sessions III, et al., Respondents, Case No.: 1:17-cv-23343-ALTONAGA/White, Petition, ECF No. 1, (S.D. Fla. Sept. 5, 2017)., #15 Exhibit "14" - George Phillip Arthur, Petitioner, v. Jefferson Sessions III, et al., Respondents, Case No.: 1:17-cv-23343-ALTONAGA/White, Petitioners Unopposed Motion For A Stay Of Proceedings, ECF No. 33, (S.D. Fla. Jan. 3, 2018)., #16 Exhibit "15" - George Phillip Arthur, Petitioner, v. Jefferson Sessions III, et al., Respondents, Case No.: 1:17-cv-23343-ALTONAGA/White, Order Administratively Closing, ECF No. 34, (S.D. Fla. Jan. 4, 2018)., #17 Exhibit "16" - George Phillip Arthur, Petitioner, v. Jefferson Sessions III, et al., Respondents, Case No.: 1:17-cv-23343-ALTONAGA/White, Petitioners Motion to Reopen, ECF No. 36, (S.D. Fla. Feb. 1, 2018)., #18 Exhibit "17" - George Phillip Arthur, Petitioner, v. Jefferson Sessions III, et al., Respondents, Case No.: 1:17-cv-23343-ALTONAGA/White, ECF No. 37, Petitioners Motion to Dismiss without prejudice (S.D. Fla. Feb. 1, 2018)., #19 Exhibit "18" - George Phillip Arthur, Petitioner, v. Jefferson Sessions III, et al., Respondents, Case No.: 1:17-cv-23343-ALTONAGA/White, Order of Dismissal, ECF No. 38, (SD Fla. Feb. 5, 2018), #20 Exhibit "19" - January 23, 2018 Immigration Courts Rejected Filing -Notice To Attorney Or Representative of George Phillip Arthur., #21 Exhibit "20" - George Phillip Arthur, Petitioner, v. Jefferson Beauregard Sessions, III, Attorney General of the United States, Case No. 4:18-CV-113-CDL-MSH, Petition, ECF No. 1, (MD GA Jun. 4, 2018)., #22 Exhibit "21" - George Phillip Arthur, Petitioner, v. Jefferson Beauregard Sessions, III, Attorney General of the United States, Case No. 4:18-CV-113-CDL-MSH, July 31, 2019 Evidentiary Hearing Transcript, ECF No. 41, (MD GA Aug. 6, 2019), #23 Exhibit '22 - George Phillip Arthur, Petitioner, v. Jefferson Beauregard Sessions, III, Attorney General of the United States, Case No. 4:18-CV-113-CDL-MSH, Report and Recommendation, ECF No. 45, (MD GA Aug. 29, 2019), #24 Exhibit "23" - July 17, 2018 Declaration of DDO James Maddox., #25 Exhibit "24" - George Phillip Arthur, Petitioner, v. Jefferson Beauregard Sessions, III, Attorney General of the United States, Case No. 4:18-CV-113-CDL-MSH, Order Adopting Report and Recommendation, ECF No. 46, (MD GA Sept. 19, 2019)., #26 Exhibit "25" - George Phillip Arthur, Petitioner, v. Jefferson Beauregard Sessions, III, Attorney General of the United States, Case No. 4:18-CV-113-CDL-MSH, Judgment, ECF No. 47, ((MD GA Sept. 19, 2019)., #27 Exhibit "26" - November 15, 2017 Decision to Continue Detention, #28 Exhibit "27" - June 19, 2018 Failure to Comply letter., #29 Exhibit "28" - June 26, 2018 Failure to Comply letter., #30 Exhibit "29" - January 2, 2019 Form I-229(a), Warning For Failure to Depart, #31 Exhibit "30" - February 21, 2019 Form I-229(a), Warning For Failure to Depart, #32 Exhibit "31" - April 23, 2019 Form I-229(a), Warning For Failure to Depart, #33 Exhibit "32" - July 9, 2019 Form I-229(a), Warning For Failure to Depart, #34 Exhibit "33" - September 17, 2020 Detention letter, #35 Exhibit "34" - Petitioners Detention History, #36 Exhibit "35" - January 20, 2021 DHS Acting Secretarys Memorandum Regarding Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities that is published and available at https://www.dhs.gov/sites/default/files/publications/21_0120_enforcement-memo_signed.pdf).)(Weinkle, James)
January 14, 2021 Filing 10 NOTICE of Compliance by Florida Field Office Director, U.S. Attorney General, U.S. Attorney's Office, Warden of Immigration Detention Facility re #6 Order to Show Cause (Weinkle, James)
January 14, 2021 Filing 9 NOTICE of Attorney Appearance by James Alan Weinkle on behalf of Florida Field Office Director, U.S. Attorney General, U.S. Attorney's Office, Warden of Immigration Detention Facility. Attorney James Alan Weinkle added to party Florida Field Office Director(pty:dft), Attorney James Alan Weinkle added to party U.S. Attorney General(pty:dft), Attorney James Alan Weinkle added to party U.S. Attorney's Office(pty:dft), Attorney James Alan Weinkle added to party Warden of Immigration Detention Facility(pty:dft). (Weinkle, James)
January 12, 2021 Opinion or Order Filing 8 PAPERLESS ORDER denying without prejudice #4 Motion to Appoint Counsel. The Court may appoint counsel to represent an indigent petitioner in a 2241 proceeding if "the [C]ourt determines that the interests of justice" so require. 18 U.S.C. 3006A(a)(2)(B). "The appointment of counsel is [] a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Poole v. Lambert , 819 F.2d 1025, 1028 (11th Cir. 1987); see also United States v. Alford , 816 F. App'x 375, 377 (11th Cir. 2020) ("Alford was able to adequately state his legal argument... such that he did not need help in presenting the essential merits of his position to the court."). In the end, the decision whether to appoint counsel in such circumstances is left to the discretion of the district court. See Alford , 816 F. App'x at 377 ("[A] district court may appoint counsel to represent a financially eligible person in, inter alia, a 2255 proceeding if the Court determines the interests of justice so require." (emphasis added)). The Court hasn't had a chance to review the record in this case because it has not yet been submitted. Once the Court has reviewed the record, it will be in a better position to decide whether "the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Poole , 819 F.2d at 1028. Until then, however, nothing in the Petition suggests that this case presents the kinds of "exceptional circumstances," id. , that would justify the appointment of counsel at this early stage. The Motion to Appoint Counsel #4 is therefore DENIED WITHOUT PREJUDICE. The Plaintiff may refile this Motion once the record has been submitted. Signed by Judge Roy K. Altman (bca)
January 12, 2021 Opinion or Order Filing 7 PAPERLESS ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Judge Roy K. Altman (bca)
January 11, 2021 Opinion or Order Filing 6 ORDER TO SHOW CAUSE. Signed by Judge Roy K. Altman on 1/11/2021. See attached document for full details. (daa)
January 11, 2021 Opinion or Order Filing 5 ORDER OF INSTRUCTIONS TO PRO SE HABEAS PETITIONERS. Signed by Judge Roy K. Altman on 1/11/2021. See attached document for full details. (daa)
January 5, 2021 Filing 4 MOTION to Appoint Counsel by Naseer Akram Eadaan. Responses due by 1/19/2021 (daa)
January 5, 2021 Filing 3 MOTION for Leave to Proceed in forma pauperis by Naseer Akram Eadaan. (daa)
January 5, 2021 Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman. (daa)
January 5, 2021 Filing 1 APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Filing fee $ 5.00. IFP Filed, filed by Naseer Akram Eadaan.(daa)

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Defendant: U.S. Attorney General
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Noticing INS Attorney
Represented By: James Alan Weinkle
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Defendant: Florida Field Office Director
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Noticing INS Attorney
Represented By: James Alan Weinkle
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Defendant: U.S. Attorney's Office
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Noticing INS Attorney
Represented By: James Alan Weinkle
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Defendant: Warden of Immigration Detention Facility
Represented By: Noticing 2241/Bivens US Attorney
Represented By: Noticing INS Attorney
Represented By: James Alan Weinkle
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Plaintiff: Naseer Akram Eadaan
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