Rogers v. Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office et al
Defendant: Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Acting Director of U.S. Immigration and Customs Enforcement, Secretary of the U.S. Department of Homeland Security and Attorney General of the United States
Petitioner: Momodou Fes Rogers
Case Number: 1:2021cv24433
Filed: December 23, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Jacqueline Becerra
Referring Judge: James Lawrence King
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 1651
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 25, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 9, 2022 Opinion or Order Filing 28 RESPONSE TO OBJECTION to #24 Report and Recommendations by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Secretary of the U.S. Department of Homeland Security. (Leinicke, John)
January 27, 2022 Opinion or Order Filing 27 OBJECTIONS to #24 Report and Recommendations by Momodou Fes Rogers. (Montanez, Felix)
January 27, 2022 Opinion or Order Filing 26 OBJECTIONS to #24 Report and Recommendations by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Secretary of the U.S. Department of Homeland Security. (Leinicke, John)
January 22, 2022 Opinion or Order Filing 24 REPORT AND RECOMMENDATION on Petitioner Momodou Fes Rogers' Verified Petition for Writ of Habeas Corpus. ECF No. #1 . Objections to R&R due within five days. Signed by Magistrate Judge Jacqueline Becerra on 1/22/2022. See attached document for full details. (hgz)
January 13, 2022 Opinion or Order Filing 23 NOTICE of Filing Supplemental Information by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Secretary of the U.S. Department of Homeland Security (Attachments: #1 Affidavit of EOIR program analyst) (Leinicke, John)
January 11, 2022 Opinion or Order Filing 22 CERTIFICATE OF SERVICE by Momodou Fes Rogers of Summons and Complaint to Counsel of Record for Respondents (Montanez, Felix)
January 10, 2022 Opinion or Order Filing 21 PAPERLESS ORDER on Petitioner's Motion to Correct Scrivener's Error, ECF No. #19 . Upon due consideration of the Motion and being otherwise fully advised in the premises, the Motion is HEREBY GRANTED. The corrected letter, ECF No. [19-1], is HEREBY ENTERED into the record. Signed by Magistrate Judge Jacqueline Becerra on 1/10/2022. (cor)
January 10, 2022 Opinion or Order Filing 20 PAPERLESS ORDER. THIS CAUSE came before the Court on the January 6, 2022 Zoom oral argument before Magistrate Judge Jacqueline Becerra on Petitioner's Verified Petition for Writ of Habeas Corpus, ECF No. #1 . It is HEREBY ORDERED that Defendant shall file a notice of supplemental information concerning the timeline of Board of Immigration Appeals no later than Friday, January 14, 2022. Signed by Magistrate Judge Jacqueline Becerra on 1/10/2022. (cor)
January 8, 2022 Opinion or Order Filing 19 MOTION to Amend/Correct #18 Notice (Other), due to Scrivener's Error by Momodou Fes Rogers. Responses due by 1/24/2022 (Attachments: #1 Exhibit PD Letter dated January 5, 2022)(Montanez, Felix)
January 7, 2022 Opinion or Order Filing 18 NOTICE of Supplemental Filing by Momodou Fes Rogers (Attachments: #1 Exhibit Letter from Public Defender, #2 Exhibit Conviction Record 16-04-549, #3 Exhibit Conviction Record 16-02-188, #4 Exhibit Conviction Record 18-2-242, #5 Exhibit Conviction Record 18-2-1612, #6 Exhibit Conviction Record 19-03-497) (Montanez, Felix)
January 6, 2022 Opinion or Order Filing 17 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Oral Argument re #1 Petitioner's Verified Petition for Writ of Habeas Corpus held on 1/6/2022. Report and Recommendation forthcoming. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): John Steven Leinicke, Felix Alberto Montanez, Luiba Lopez-DHS. Petitioner Momodou Fes Rogers appeared telephonically. (Digital: 09:08:30/JB_01_1.6.2022 zoom) (aw)
January 5, 2022 Opinion or Order Filing 16 Notice of Supplemental Authority by Momodou Fes Rogers (Attachments: #1 Exhibit Agency Decision C-A-B, #2 Exhibit Agency Decision J-L-C, #3 Exhibit Agency Decision E-S, #4 Exhibit Agency Decision K-P, #5 Exhibit Agency Decision F-P-J) (Montanez, Felix)
January 4, 2022 Opinion or Order Filing 15 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Jacqueline Becerra: Status Conference held on 1/4/2022. The Court RESETS for oral argument on Petitioner's Verified Petition for Writ of Habeas Corpus on 1/6/22 at 9:00 am via ZOOM. Attorney Appearance(s): Felix Alberto Montanez, John Steven Leinicke, Luiba Lopez-DHS, Dhruman Sanpat-DOJ. Other appearances: Petitioner Momodou Fes Rogers, telephonically. (Digital JB-ZOOM-1/4/22-2:00 pm) Total time in court: 15 minutes. (mdc)
January 4, 2022 Opinion or Order Filing 14 PAPERLESS ORDER SETTING HEARING. This cause is set for oral argument via Zoom before Magistrate Judge Jacqueline Becerra on Petitioner's Verified Petition for Writ of Habeas Corpus, ECF No. #1 , on Thursday, January 6, 2022, at 9:00 A.M. The Zoom information is as follows: Join ZoomGov Meeting https://www.zoomgov.com Meeting ID: 161 976 9803 Passcode: 032949 Dial by your location +1 646 828 7666 Signed by Magistrate Judge Jacqueline Becerra on 1/4/2022. (cor)
January 1, 2022 Opinion or Order Filing 13 REPLY by Momodou Fes Rogers. (Montanez, Felix)
December 30, 2021 Opinion or Order Filing 12 Summons Issued as to Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Secretary of the U.S. Department of Homeland Security, U.S. Attorney. (jas)
December 30, 2021 Opinion or Order Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order Setting Hearing on Motion,,, by Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Attorney General of the United States, Secretary of the U.S. Department of Homeland Security, Acting Director of U.S. Immigration and Customs Enforcement. (Attachments: #1 Exhibit New Jersey DOC printout, #2 Exhibit Scott (EOIR) Declaration)(Leinicke, John)
December 29, 2021 Opinion or Order Filing 25 Magistrate Judge Jacqueline Becerra added per DE 10 (mr1)
December 29, 2021 Opinion or Order Filing 10 PAPERLESS NOTICE RE-SETTING HEARING. The hearing scheduled for Monday, January 3, 2021, ECF No. #5 , is hereby re-set for a Zoom status conference on Tuesday, January 4, 2022 at 2:00 P.M. before Magistrate Judge Jacqueline Becerra. The Parties should be prepared to address whether an in-person hearing will be necessary and their availability for such a hearing. The Zoom information for the status conference is as follows: Join ZoomGov Meeting https://www.zoomgov.com Meeting ID: 161 976 9803 Passcode: 032949 Dial by your location +1 646 828 7666 Signed by Magistrate Judge Jacqueline Becerra on 12/29/2021. (hgz)
December 29, 2021 Opinion or Order Filing 9 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Felix Alberto Montanez re #6 Notice of Change of Address, Email or Law Firm Name. Attorney Felix Alberto Montanez has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
December 29, 2021 Opinion or Order Filing 8 NOTICE of Attorney Appearance by John Steven Leinicke on behalf of Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office, Secretary of the U.S. Department of Homeland Security. Attorney John Steven Leinicke added to party Acting Director of U.S. Immigration and Customs Enforcement (pty:dft), Attorney John Steven Leinicke added to party Attorney General of the United States(pty:dft), Attorney John Steven Leinicke added to party Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office(pty:dft), Attorney John Steven Leinicke added to party Secretary of the U.S. Department of Homeland Security (pty:dft). (Leinicke, John)
December 29, 2021 Opinion or Order Filing 7 NOTICE of Filing Proposed Summons(es) for Habeas Petition by Momodou Fes Rogers (Attachments: #1 Summon(s) proposed summons for Alejandro Mayorkas, #2 Summon(s) proposed summons for Merrick Garland, #3 Summon(s) proposed summons for Tae Johnson, #4 Summon(s) proposed summons for U.S. Attorney's office) (Montanez, Felix)
December 29, 2021 Opinion or Order Filing 6 NOTICE of Change of Address, Email or Law Firm Name by Felix Alberto Montanez (Montanez, Felix)
December 27, 2021 Opinion or Order Filing 5 ORDER Setting Bond Hearing #4 First MOTION to Expedite and For Order to Show Cause :( Bond Motion Hearing set for 1/3/2022 12:00 PM in Miami Division before Magistrate Judge Jacqueline Becerra, 10th Floor, King Building.), ORDER Granting re #4 First MOTION to Expedite and For Order to Show Cause filed by Momodou Fes Rogers Signed by Senior Judge James Lawrence King on 12/27/2021. See attached document for full details. (jw)
December 26, 2021 Opinion or Order Filing 4 First MOTION to Expedite and For Order to Show Cause by Momodou Fes Rogers. (Attachments: #1 Text of Proposed Order Proposed Order/Order to Show Cause)(Montanez, Felix)
December 23, 2021 Opinion or Order Filing 3 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. (jas)
December 23, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King. (jas)
December 23, 2021 Opinion or Order Filing 1 First APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-15271904, filed by MOMODU ROGERS. (Attachments: #1 Exhibit Petitioner's I-589, #2 Exhibit Petitioner's Notice to Appear, #3 Exhibit Record of Lawful Permanent Residence, #4 Exhibit Psychological Evaluation, #5 Exhibit New Jersey Indictment, #6 Exhibit Record of Conviction, #7 Exhibit Modified Sentence, #8 Exhibit EOIR Case Information, #9 Exhibit Letter from Immigration Lawyer, #10 Exhibit Letter from Congresswoman Wasserman Schultz in re: Glades Closure, #11 Civil Cover Sheet)Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Montanez, Felix)

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Petitioner: Momodou Fes Rogers
Represented By: Felix Alberto Montanez
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Defendant: Field Office Director of U.S. Immigration and Customs Enforcement, Miami Field Office
Represented By: Noticing INS Attorney
Represented By: John Steven Leinicke
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Defendant: Acting Director of U.S. Immigration and Customs Enforcement
Represented By: Noticing INS Attorney
Represented By: John Steven Leinicke
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Defendant: Secretary of the U.S. Department of Homeland Security
Represented By: John Steven Leinicke
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Defendant: Attorney General of the United States
Represented By: Noticing INS Attorney
Represented By: John Steven Leinicke
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