Tello v. Kolitwenzew
| Angel Alexander Mata Tello |
| Chad Kolitwenzew |
| United States of America |
| 2:2020cv02089 |
| April 9, 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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This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 41 JUDGMENT entered. (MAS, ilcd) |
TEXT ORDER: The parties have submitted a status report #40 informing the Court that further Court involvement will not be needed. In light of the status report #40 and the Court's Order and Opinion #35 , as amended by the Court's May 18, 2020 Order #39 , 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 40 STATUS REPORT Regarding Further Court Involvement (Joint) by Angel Alexander Mata Tello. (Kabat, Anna) |
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Filing 39
ORDER entered by Judge Sue E. Myerscough on 5/18/2020. The Governments Motion for Reconsideration (d/e #36 ) is WITHDRAWN. The Court's May 4, 2020 Order, d/e #35 is AMENDED. (SEE WRITTEN ORDER) (MAS, ilcd)
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| Filing 38 STIPULATION re #36 MOTION for Reconsideration and/or Clarification of Conditions of Release (Joint) by United States of America.. (Klein, Kimberly) |
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TEXT ORDER: Petitioner's Unopposed Motion for Extension of Time #37 is GRANTED. Petitioner may file a response to the Government's Motion for Reconsideration on or before May 18, 2020. Entered by Judge Sue E. Myerscough on 5/15/2020. (MAS, ilcd)
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| Filing 37 MOTION for Extension of Time to File Response/Reply as to #36 MOTION for Reconsideration and/or Clarification by Petitioner Angel Alexander Mata Tello. Responses due by 5/28/2020 (Kabat, Anna) |
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TEXT ORDER: The Government has filed a Motion for Reconsideration #36 . Petitioner is ORDERED to file a response on or before May 14, 2020. Entered by Judge Sue E. Myerscough on 5/12/2020. (MAS, ilcd)
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| Filing 36 MOTION for Reconsideration and/or Clarification by Interested Party United States of America. Responses due by 5/26/2020 (Klein, Kimberly) |
| Filing 35 +++ SEALED DOCUMENT.. (MAS, ilcd) |
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Filing 34
AGREED PROTECTIVE ORDER entered by Judge Sue E. Myerscough on 4/27/2020. (MAS, ilcd)
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TEXT ORDER: Petitioner's Motion to Seal #32 is GRANTED. The documents filed in docket entry #33 shall remain under seal. Entered by Judge Sue E. Myerscough on 4/28/2020. (MAS, ilcd)
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| Filing 33 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ramirez, Michelle) |
| Filing 32 MOTION to Seal by Petitioner Angel Alexander Mata Tello. Responses due by 5/11/2020 (Ramirez, Michelle) |
| Filing 31 Reply by Angel Alexander Mata Tello IN SUPPORT OF COURTS GRANTING OF HABEAS CORPUS AND INJUNCTIVE RELIEF.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ramirez, Michelle) |
| Filing 30 +++ SEALED DOCUMENT.. (Klein, Kimberly) |
| Filing 29 Joint MOTION for Protective Order by Interested Party United States of America. Responses due by 5/11/2020 (Attachments: #1 Text of Proposed Order Exhibit A)(Klein, Kimberly) |
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TEXT ORDER: The Government's Response #25 states that it will need a court order and protective order to produce photos of the Petitioner as described in its brief. See Resp. at 14, n.2 (d/e #25 ). The Court hereby ORDERS that the Government file the described photographs under seal today. Entered by Judge Sue E. Myerscough on 4/27/2020. (MAS, ilcd)
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TEXT ORDER: The Government's Motion to Substitute Attorney #24 is GRANTED. The Clerk is DIRECTED to replace Hilary W. Frooman with Kimberly Klein as counsel of record for Interested Party United States. The Government's Motion for Leave to File Document Under Seal #26 is GRANTED. The documents filed in docket entries #27 and #28 shall remain under seal. Entered by Judge Sue E. Myerscough on 4/27/2020. (MAS, ilcd)
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| Filing 28 +++ SEALED DOCUMENT.. (Klein, Kimberly) |
| Filing 27 +++ SEALED DOCUMENT.. (Klein, Kimberly) |
| Filing 26 MOTION for Leave to File Document Under Seal by Interested Party United States of America. Responses due by 5/8/2020 (Klein, Kimberly) |
| Filing 25 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.) Objection to Conversion of TRO into Preliminary Injunction filed by Interested Party United States of America. (Attachments: #1 Exhibit 2 - KOLITWENZEW Declaration, #2 Attachments to Exhibit 2 Part 1, #3 Attachments to Exhibit 2, Part 2, #4 Exhibit 3 - Transcript of 4.13.20 Hearing)(Klein, Kimberly) |
| Filing 24 MOTION to Substitute Attorney, Hilary W. Frooman to be replaced by Kimberly Klein, by Interested Party United States of America. Responses due by 5/7/2020 (Klein, Kimberly) |
| Filing 23 +++ SEALED -- TRANSCRIPT before Judge Sue E. Myerscough. Court Reporter: K.S. (MAS, ilcd) |
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TEXT ORDER: The Government has filed a Notice #22 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, as Petitioner's attorney argued at the hearing on April 13, 2020. 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 22 NOTICE THAT ADDITIONAL BRIEFING ON THE MERITS OF THIS CASE IS REQUESTED re Order,,,, Motion Hearing,,,,, (Attachments: #1 Attachment)(Frooman, Hilary) |
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TEXT ORDER: Petitioner's Motion to Seal #16 is GRANTED. The documents in docket entry #17 shall remain under seal. Entered by Judge Sue E. Myerscough on 4/14/2020. (MAS, ilcd)
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| Filing 21 +++ SEALED DOCUMENT - ORIGINAL DOCUMENT--ORDER RE RELEASE-- UNREDACTED (DM, ilcd) |
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Filing 20
ORDER SETTING CONDITIONS OF RELEASE. Entered by Judge Sue E. Myerscough on 04/13/2020. (DM, ilcd)
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| Filing 19 +++ SEALED ORDER.. (DM, ilcd) |
| Filing 18 AFFIDAVIT re #14 Response to Motion, (Updated Declaration of Koch) by United States of America. (Frooman, Hilary) |
| Filing 17 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kabat, Anna) |
| Filing 16 MOTION to Seal by Petitioner Angel Alexander Mata Tello. Responses due by 4/27/2020 (Kabat, Anna) |
| Filing 15 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 Angel Alexander Mata Tello. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kabat, Anna) Modified on 4/13/2020 to correct title of document.(TK, ilcd). |
| Filing 14 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, #3 Attachment 1)(Frooman, Hilary) |
| Filing 13 NOTICE of Appearance of Attorney by David H Hoff on behalf of United States of America (Hoff, David) |
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TEXT ORDER: Petitioner's Motion to Seal (d/e #3 ) is GRANTED. The documents filed at docket entry #4 shall remain under seal. The United States' Motion to Substitute Attorney (d/e #8 ) is GRANTED. The Clerk is DIRECTED to replace Attorney W. Scott Simpson with Hilary W. Frooman as counsel of record for the United States. Entered by Judge Sue E. Myerscough on 4/13/2020. (ME, ilcd)
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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 Angel Alexander Mata Tello 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 are DIRECTED to IMMEDIATELY notify Jerome Combs Detention Center of this Order. The Clerk is DIRECTED to SEAL the hearing held in this case today, April 13, 2020. The Respondent and Interested Party United States will inform the Court by April 14, 2020, at 5:00 p.m., whether additional briefing on the merits of the case is requested. Written order to follow. Entered by Judge Sue E. Myerscough on 04/13/2020. (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 04/13/2020. U.S. District Judge Sue E. Myerscough and court personnel present via video and audio. Petitioner Angel Alexander Mata Tello present via video from detention facility. Petitioner's counsel of record, Petitioner's counsel of record, Michelle Alyce Ramirez, Anna Michaela Kabat, Katherine E. Melloy Goettel and Rebekah Lianna Gonzalez present via video. Representative Kelly Kribs of Young Center for Immigrant Children's Rights also 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. No additional evidence presented. Ruling rendered with order to enter. Conditions of Release read of record. Government to advise Court by 5:00 PM on Tuesday, April 14th if any additional briefing is desired. Position of Petitioner stated. Request by Petitioner's counsel to seal portion of hearing. Request granted. Court adjourned. (Court Reporter K. Sullivan.) (DM, ilcd) |
| Filing 12 VIDEO WRIT issued for Petitioner's participation via video for the Petition Hearing set on 4/13/2020 at 2:00 PM. (Emailed to detention facility) (DM, ilcd) |
| Filing 11 NOTICE of Appearance of Attorney by Rebekah Lianna Gonzalez on behalf of Angel Alexander Mata Tello (Gonzalez, Rebekah) |
| Filing 10 Attorney Instructions for Video Connection. (DM, ilcd) |
| Filing 9 NOTICE of Appearance of Attorney by Katherine E Melloy Goettel on behalf of Angel Alexander Mata Tello (Melloy Goettel, Katherine) |
| Filing 8 MOTION to Substitute Attorney, W. Scott Simpson to be replaced by Hilary W. Frooman, by Interested Party United States of America. Responses due by 4/24/2020 (Frooman, Hilary) |
| Filing 7 VIDEO WRIT issued as to Plaintiff's participation in the Initial Hearing scheduled for 4/10/2020 at 1:30 p.m. (GL, ilcd) |
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TEXT ORDER: Petitioner is in civil immigration detention and has filed an emergency Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 (d/e #1 ). Petitioner seeks immediate release in light of the COVID-19 pandemic and his vulnerability and risk due to his underlying health conditions, as well as his constitutional claims regarding his prolonged detention. Chad Kolitwenzew, as warden of the Jerome Combs Detention Center where Petitioner is being held, is the only 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 is DIRECTED to add Nancy Ann Nicholson of the Kankakee County States 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, 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. Attorneys Office is hereby DESIGNATED to represent the United States in this case. Entered by Judge Sue E. Myerscough on 04/10/2020. (DM, ilcd)
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TEXT ORDER: The Court sets an initial hearing on this petition for TODAY, April 10, 2020 at 1:30 p.m. before Judge Sue E. Myerscough. Counsel for Petitioner and the United States shall appear via video. Counsel for Respondent Kolitwenzew may appear as well but to the extent his position does not differ from that of the United States, it is not required. 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 attached for the attorneys. 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: INITIAL 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 Angel Alexander Mata Tello present via video from detention facility. Petitioner's counsel of record, Michelle Alyce Ramirez, Anna Michaela Kabat, Katherine E. Melloy Goettel, and Rebekah Lianna Gonzalez 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. Interpreter Lisa Dickens present via phone. Interpreter sworn. Request granted as to testimony limitation of Petitioner only as to Covid-19 and facility. Case called as to briefing issues only. Discussion held regarding ICE representation. Positions stated regarding deadline for response to Petition by Government. Court ordered that Government's response be filed by 11:00 AM on Monday, April 13. Thereafter a Petition Hearing via video will be held at 2:00 PM on Monday, April 13, 2020 before U.S. District Judge Sue E. Myerscough. Hearing adjourned. (Court Reporter K. Sullivan.) (DM, ilcd) |
| Filing 6 Summons Issued as to Chad Kolitwenzew. Original summons returned to Petitioner's Attorney to effectuate service. (ME, ilcd) |
| Filing 5 NOTICE of Appearance of Attorney by Anna Michaela Kabat on behalf of Angel Alexander Mata Tello (Kabat, Anna) |
| Filing 4 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit A, #2 Exhibit C, #3 Exhibit G)(Ramirez, Michelle) |
| Filing 3 MOTION to Seal by Petitioner Angel Alexander Mata Tello. Responses due by 4/23/2020 (Ramirez, Michelle) |
| Filing 2 NOTICE of Appearance of Attorney by Michelle Alyce Ramirez on behalf of Angel Alexander Mata Tello (Ramirez, Michelle) |
| 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 Angel Alexander Mata Tello. (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 Civil Cover Sheet, #11 Summons To Be Issued)(Ramirez, Michelle) |
| Filing fee: $ 5.00, receipt number 14626036770 (RK, ilcd) |
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