Favi v. Kolitwenzew
| Delome Ostian Johannes Favi |
| Chad Kolitwenzew, in his capacity as Chief of Corrections, the Jerome Combs Detention Center |
| Chad Kolitwenzew |
| United States of America |
| 2:2020cv02087 |
| April 7, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 35 JUDGMENT entered. (MAS, ilcd) |
TEXT ORDER: The parties have submitted a status report #34 informing the Court that further Court involvement will not be needed. In light of the status report #34 and the Court's Order and Opinion #24 , as amended by the Court's May 20, 2020 Order #33 , this case is CLOSED. The Clerk is DIRECTED to prepare the Judgment. Entered by Judge Sue E. Myerscough on 5/26/2020. (MAS, ilcd)
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| Filing 34 STATUS REPORT Regarding Further Court Involvement (Joint) by Delome Ostian Johannes Favi. (Kabat, Anna) |
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TEXT ORDER: To the extent ICE has not issued conditions of release that have supplanted the Court's conditions pursuant to the Court's May 20, 2020 Order #33 , Petitioner's Motion to Modify Conditions of Release #32 , which would allow Petitioner to reside at a different address as specified in docket entry #31 , is GRANTED. Petitioner's Motion for Leave to File Document Under Seal #30 is GRANTED. Entered by Judge Sue E. Myerscough on 5/21/2020. (MJC, ilcd)
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Filing 33
ORDER entered by Judge Sue E. Myerscough on 5/20/2020. The Government's Motion for Reconsideration (d/e #25 ) is GRANTED. Petitioner's Motion for Reconsideration (d/e #28 ) is GRANTED IN PART. The Court's May 4, 2020 Order (d/e #24 ) is AMENDED to clarify that: (1) U.S. Immigration and Customs Enforcement (ICE) has the authority to impose reasonable conditions for Petitioner's continued release on bond; (2) in the event that ICE sets such reasonable conditions, those conditions will supplant the Court's previous conditions of bond; and (3) Petitioner must abide by ICE's conditions of release during the pendency of his immigration proceedings. (SEE WRITTEN ORDER) (MAS, ilcd)
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| Filing 32 MOTION Modify Conditions of Release by Petitioner Delome Ostian Johannes Favi. Responses due by 6/2/2020 (Kabat, Anna) |
| Filing 31 +++ SEALED DOCUMENT.. (Kabat, Anna) |
| Filing 30 MOTION for Leave to File Document Under Seal by Petitioner Delome Ostian Johannes Favi. Responses due by 6/2/2020 (Kabat, Anna) |
| Filing 29 RESPONSE to Motion re #28 MOTION to Amend/Correct #24 Order on Petition for Writ of Habeas Corpus (2241 & 2254),,,,,,,, Set/Reset Deadlines:,,, filed by Interested Party United States of America. (Hoelzer, John) |
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TEXT ORDER: Petitioner has filed a Response of Non-opposition to the Government's Motion for Reconsideration #27 as well as a Motion for Reconsideration #28 . While it appears the parties may be in agreement, the Court ORDERS the Government to respond to Petitioner's Motion #28 on or before May 18, 2020. Entered by Judge Sue E. Myerscough on 5/15/2020. (MAS, ilcd)
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| Filing 28 MOTION to Amend/Correct #24 Order on Petition for Writ of Habeas Corpus (2241 & 2254),,,,,,,, Set/Reset Deadlines:,,, by Petitioner Delome Ostian Johannes Favi. Responses due by 5/28/2020 (Kabat, Anna) |
| Filing 27 RESPONSE to Motion re #25 MOTION for Reconsideration re #24 Order on Petition for Writ of Habeas Corpus (2241 & 2254),,,,,,,, Set/Reset Deadlines:,,, filed by Petitioner Delome Ostian Johannes Favi. (Kabat, Anna) |
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TEXT ORDER: Petitioner's Motion for Extension of Time #26 is GRANTED. Petitioner shall file a response to the Government's Motion for Reconsideration on or before May 14, 2020. Entered by Judge Sue E. Myerscough on 5/12/2020. (MAS, ilcd)
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| Filing 26 MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Reconsideration re #24 Order on Petition for Writ of Habeas Corpus (2241 & 2254),,,,,,,, Set/Reset Deadlines:,,, (Unopposed) by Petitioner Delome Ostian Johannes Favi. Responses due by 5/26/2020 (Kabat, Anna) |
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TEXT ORDER: The Government has filed a Motion for Reconsideration #25 . Petitioner is ORDERED to file a response on or before May 12, 2020. Entered by Judge Sue E. Myerscough on 5/11/2020. (MAS, ilcd)
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| Filing 25 MOTION for Reconsideration re #24 Order on Petition for Writ of Habeas Corpus (2241 & 2254),,,,,,,, Set/Reset Deadlines:,,, by Interested Party United States of America. Responses due by 5/22/2020 (Hoelzer, John) |
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Filing 24
ORDER and OPINION entered by Judge Sue E. Myerscough on 5/4/2020. Petitioner Delome Ostian Johnannes Favi's Emergency Petition for Writ of Habeas Corpus pursuant to 228 U.S.C. 2241 and Complaint for Injunctive Relief, d/e {1} is GRANTED. The Court ORDERS Petitioner's continued release pursuant to the Court's previous conditions of bond until the risk of the COVID-19 pandemic subsides. Pursuant to the Government's request, the parties are ORDERED to provide this Court with a status update in 21 days (by May 25, 2020) informing the Court whether further Court involvement will be needed regarding Petitioner's continued release during the COVID-19 pandemic. Any further injunctive relief requested by Petitioner in his Petition is denied at this time. (SEE WRITTEN ORDER & OPINION) (MAS, ilcd)
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TEXT ORDER: Petitioner's Motion to Seal #22 is GRANTED. The documents filed in docket entry #23 shall remain under seal. Entered by Judge Sue E. Myerscough on 4/28/2020. (MAS, ilcd) Modified on 4/28/2020 (MAS, ilcd).
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| Notice of Docket Text or Event Modification regarding Text Order on Motion to Seal: Clerk modified text to correct references to d/e 22 and 23, not 32 and 33. (MAS, ilcd) |
| Filing 23 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit C)(Ramirez, Michelle) |
| Filing 22 MOTION to Seal by Petitioner Delome Ostian Johannes Favi. Responses due by 5/11/2020 (Ramirez, Michelle) |
| Filing 21 Reply by Delome Ostian Johannes Favi In Support Of Court's Granting Of Habeas Corpus And Injunctive Relief.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ramirez, Michelle) |
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TEXT ORDER: The Government's Motion to Substitute Attorney #19 is GRANTED. The Clerk is DIRECTED to replace Hilary W. Frooman with John D. Hoelzer as counsel of record for Interested Party United States. Entered by Judge Sue E. Myerscough on 4/27/2020. (MAS, ilcd)
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| Filing 20 BRIEF IN OPPOSITION TO A PRELIMINARY INJUNCTION by United States of America. (Attachments: #1 Landmeier Declaration, #2 Kolitwenzew Declaration and Exhibits 1-3, #3 Continuation of Exhibits 1-3, #4 Continuation of Exhibits 1-3)(Hoelzer, John) |
| Filing 19 MOTION to Substitute Attorney, Hilary W. Frooman to be replaced by John D. Hoelzer, by Interested Party United States of America. Responses due by 5/7/2020 (Hoelzer, John) |
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TEXT ORDER: The Government has filed a Notice #18 requesting to be allowed fourteen days to file additional briefing. As noted in the Notice, Petitioner's counsel objects to any extension for additional briefing beyond ten days. While the Court recognizes the Government's need for time to gather information for its response, there is also a need to expeditiously brief and decide this Petition. While the Court recognizes the additional matters to which the Government must respond, in Case 20-cv-2082 the Petitioner has agreed to a 14-day extension, which should lessen the Government's burden. Accordingly, the Court orders that the Government's additional briefing is due on or before April 24, 2020. Petitioner may file a reply on or before April 27, 2020. As the Court's injunctive relief ordering Petitioner's immediate relief was granted, in part, pursuant to Fed. R. Civ. P. 65(b), the Court interprets the Government's Notice as consenting to an extension of the temporary restraining order for the purpose of filing additional briefing. See Fed. R. Civ. P. 65(b)(2). Accordingly, to the extent Petitioner's release is based on the Court's authority under Fed. R. Civ. P. 65(b), the order does not expire for an additional 21 days from today. However, to the extent Petitioner's release is based on the Court's inherent authority in habeas corpus proceedings, it does not expire until further order of this Court. Entered by Judge Sue E. Myerscough on 4/15/2020. (MAS, ilcd)
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| Filing 18 NOTICE THAT ADDITIONAL BRIEFING ON THE MERITS OF THIS CASE IS REQUESTED re Order, (Attachments: #1 Attachment)(Frooman, Hilary) |
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TEXT ORDER: Petitioner's Motions to Seal #3 and #13 are GRANTED. The documents in docket entries #4 and #14 shall remain under seal. Entered by Judge Sue E. Myerscough on 4/14/2020. (MAS, ilcd)
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TEXT ORDER: Respondent and Interested Party United States are to notify the Court by April 14, 2020 if they would like to submit additional briefing on the merits of the Petitioner's Petition. Entered by Judge Sue E. Myerscough on 4/13/2020. (MJC, ilcd)
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| Filing 17 +++ SEALED DOCUMENT - ORIGINAL DOCUMENT--ORDER RE CONDITIONS--UNREDACTED (DM, ilcd) |
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Filing 16
ORDER SETTING CONDITIONS OF RELEASE. Entered by Judge Sue E. Myerscough on 04/10/2010. (DM, ilcd) (Main Document 16 replaced on 4/13/2020) (DM, ilcd). Address of Petitioner redacted--Modified on 4/13/2020 (DM, ilcd).
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Filing 15
ORDER: Petitioner's request for immediate release is GRANTED. Respondent and the U.S. Immigration and Customs Enforcement shall immediately release Petitioner pending further order of the Court pursuant to the conditions of bond. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 4/10/2020. (ME, ilcd)
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| Filing 14 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kabat, Anna) |
| Filing 13 MOTION to Seal by Petitioner Delome Ostian Johannes Favi. Responses due by 4/24/2020 (Kabat, Anna) |
| Filing 12 REPLY to Response to Motion re #1 Emergency PETITION for Writ of Habeas Corpus PURSUANT TO 28 U.S.C. 2241 AND COMPLAINT FOR INJUNCTIVE RELIEF (Filing fee $ 5.) filed by Petitioner Delome Ostian Johannes Favi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kabat, Anna) |
| Filing 11 RESPONSE to Motion re #1 Emergency PETITION for Writ of Habeas Corpus PURSUANT TO 28 U.S.C. 2241 AND COMPLAINT FOR INJUNCTIVE RELIEF (Filing fee $ 5.) filed by Interested Party United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Frooman, Hilary) |
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TEXT ORDER: As orally ordered in the hearing today in this matter, Petitioner's request for emergency injunctive relief is GRANTED pursuant to the Court's inherent authority to grant Petitioner bail pending the resolution of his habeas corpus petition and Fed. R. Civ. P. 65(b). Respondent and U.S. Immigration and Customs Enforcement shall IMMEDIATELY RELEASE Petitioner Favi from custody pending further order of this Court pursuant to the Court's conditions of bond. The Government and the U.S. Immigration and Customs Enforcement is DIRECTED to IMMEDIATELY notify Jerome Combs Detention Center of this Order. Written order to follow. Entered by Judge Sue E. Myerscough on 04/10/2020. (DM, ilcd)
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| Minute Entry for proceedings held before Judge Sue E. Myerscough: PETITION HEARING as to Petitioner's Emergency Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Injunctive Relief (d/e #1 ) held on 04/10/2020. U.S. District Judge Sue E. Myerscough and court personnel present via video. Petitioner Delome Ostian Johannes Favi present via video from detention facility. Petitioner's counsel of record, Michelle Alyce Ramirez, Anna Michaela Kabat, and Katherine E. Melloy Goettel present via video. Respondent's counsel of record, Nancy Ann Nicholson, present via phone. AUSA Hilary Frooman present via phone on behalf of Interested Party United States of America. Arguments heard. Ruling rendered with order to enter. Bond conditions read of record. Hearing adjourned. (Court Reporter K. Sullivan.) (DM, ilcd) |
| Filing 10 NOTICE of Appearance of Attorney by Katherine E Melloy Goettel on behalf of Delome Ostian Johannes Favi (Melloy Goettel, Katherine) |
| Filing 9 Attorney Instructions for Video Connection. (DM,ilcd) |
| Filing 8 VIDEO WRIT issued for petitioner Delome Ostian Johannes Favi for video conference scheduled before Judge Sue E Myerscough on April 10, 2020 at 2:00 p.m. (MAS, ilcd) |
| Filing 7 MOTION to Substitute Attorney, Katherine V. Boyle to be replaced by Hilary W. Frooman, by Interested Party United States of America. Responses due by 4/23/2020 (Frooman, Hilary) |
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TEXT ORDER: The Government's Motion to Substitute Attorney (d/e #7 ) is GRANTED. The Clerk is DIRECTED to substitute Hilary W. Frooman for Katherine Boyle as counsel of record for the United States in this matter. Entered by Judge Sue E. Myerscough on 4/9/2020. (MAS, ilcd)
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TEXT ORDER: The Jerome Combs Detention Center will not be able do to a joint hearing with case 20-cv-2082 due to differing classifications of the petitioners. Accordingly, a hearing on Petitioner Favi's case will proceed on April 10, 2020 at 2:00 p.m. before Judge Sue E. Myerscough. The Court directs the Clerk to issue a video writ for the Petitioner's participation. Counsel are expected to appear in professional attire. Instructions for the video conference are included in docket entry #9 for the attorneys. Entered by Judge Sue E. Myerscough on 4/9/2020. (MAS, ilcd)
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| Filing 6 Summons Issued as to Chad Kolitwenzew. Original summons returned to Petitioner's attorney to effectuate service. (ME, ilcd) |
| Filing fee: $ 5.00, receipt number 14626036757 (RK, ilcd) |
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TEXT ORDER: Petitioner is in civil immigration detention and has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. Chad Kolitwenzew, as warden of the Jerome Combs Detention Center where Petitioner is being held, is the proper Respondent. See Kholyavskiy v. Achim, 443 F.3d 946, 950-53 (7th Cir. 2006). Under Illinois law, 55 Ill. Comp. Stat. 5/3-9005(a)(4), it is the duty of the States Attorney of Kankakee County to defend Respondent Kolitwenzew in this suit. The Clerk of the Court is DIRECTED to add Nancy Ann Nicholson of the Kankakee County State's Attorney Office as counsel of record for Respondent. However, as has been done in other Central District of Illinois cases where the petitioner is detained under the authority of ICE, including Baez-Sanchez v. Kolitwenzew et al., 18-cv-2134, and de Miranda Mendes v. Kolitwenzew, 18-cv-2276, this Court DESIGNATES the United States as an Interested Party in this case. The U.S. Attorney's Office is hereby designated to represent the United States in this case. As ordered during the telephonic conference earlier today, the United States is ORDERED to respond to Petitioner's Petition on or before Friday, April 10, 2020 at 11:00 a.m. Respondent Kolitwenzew may file a response as well, but to the extent his position does not differ from that of the United States, it is not required. Petitioner may file a reply by 2:00 p.m. on Friday, April 10, 2020. A joint hearing with case number 20-cv-2082 is scheduled for Friday, April 10, 2020 at 2:00 p.m. before Judge Sue E. Myerscough, with all parties appearing via video. Entered by Judge Sue E. Myerscough on 4/8/2020. (MAS, ilcd)
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| Filing 5 NOTICE of Appearance of Attorney by Michelle Alyce Ramirez on behalf of Delome Ostian Johannes Favi (Ramirez, Michelle) |
| Filing 4 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kabat, Anna) |
| Filing 3 MOTION to Seal by Plaintiff Delome Ostian Johannes Favi. Responses due by 4/21/2020 (Kabat, Anna) |
| Filing 2 NOTICE of Appearance of Attorney by Anna Michaela Kabat on behalf of Delome Ostian Johannes Favi (Kabat, Anna) |
| Filing 1 Emergency PETITION for Writ of Habeas Corpus PURSUANT TO 28 U.S.C. 2241 AND COMPLAINT FOR INJUNCTIVE RELIEF (Filing fee $ 5.), filed by Delome Ostian Johannes Favi. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summons To Be Issued)(Kabat, Anna) |
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