Ochoa v. Kolitwenzew
| Olivero Ochoa |
| Chad Kolitwenzew |
| United States of America |
| 2:2020cv02135 |
| May 20, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 21 JUDGMENT in a Civil Case. (MJC, ilcd) |
| Filing 20 OPINION BY SUE E. MYERSCOUGH, U.S. District Judge: For the reasons stated above and at the hearing on May 28, 2020, Petitioner's Petition for Writ of Habeas Corpus (Doc. #1 ) is GRANTED pursuant to 28 U.S.C. 2241(c)(3). Petitioner is ORDERED released pursuant to the terms in the Court's Order (Doc. #17 ), as amended in the Court's May 29, 2020 Text Order. This Case is CLOSED. The Clerk is DIRECTED to prepare the Judgment. SEE WRITTEN OPINION. Entered on 6/1/2020. (MJC, ilcd) |
TEXT ORDER: As orally ordered at the May 29, 2020 hearing, the Court's Order #17 is modified such that Respondent and ICE are ORDERED to release Petitioner as soon as he can be safely released. Entered by Judge Sue E. Myerscough on 05/29/2020. (DM, ilcd)
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| Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE held on 05/29/2020. Court and court personnel present via video and audio. Petitioner Olivero Ochoa was not present. Petitioner's counsel by video -- Ruben Loyo of National Immigrant Justice Center and Mara Easterbrook Klebaner of White & Case LLP. Nancy Nicholson of the Kankakee State's Attorney's Office present by phone on behalf of Respondent. AUSA John Hoezler present by video on behalf of Interested Party United States of America. General Counsel for ICE were available by phone. Court addressed issue of Petitioner's refusal to leave the detention center yesterday and the efforts to comply with Court's Order. Discussion held regarding same. Jerome Combs addressed issue and gave summary of Petitioner's current condition and plan. Atty Nicholson addressed Court regarding concerns with safety and compliance with the Court's Order. Order to follow. Court ordered Petitioner's counsel to contact Petitioner's family to be at facility if Petitioner will leave facility. Petitioner's counsel and family to be in contact with Atty Nicholson as directed by Court. Parties to contact Courtroom Clerk if any problems arise and a hearing is necessary. Hearing adjourned. (Court Reporter J. Johnson (Peoria).) (DM, ilcd) |
| Filing 19 STIPULATION Regarding Conditions of Release by United States of America.. (Hoelzer, John) |
| Filing 18 +++ SEALED DOCUMENT - ORIGINAL DOCUMENT - ORDER - UNREDACTED (ME, ilcd) |
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Filing 17
ORDER: As orally ordered in the hearing today in this matter,Petitioners Petition for Writ of Habeas Corpus #1 is GRANTED pursuant to 28 U.S.C. 2241(c)(3). Respondent, as well as interested party United States and the U.S. Immigration and Customs Enforcement (ICE), shall IMMEDIATELY RELEASE Petitioner Ochoa from custody pursuant to conditions of confinement that will be stipulated by the parties... Petitioner's request for costs and attorneys' fees is DENIED WITHOUT PREJUDICE and with leave to refile within twenty-one (21) days. The Government may file a response within fourteen (14) days after service of the motion. The Government and the U.S. Immigration and Customs Enforcement are DIRECTED to IMMEDIATELY notify Jerome Combs Detention Center of this Order. Written opinion and findings to follow. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 5/28/2020. (ME, ilcd) (Main Document 17 replaced on 5/28/2020) (ME, ilcd).
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TEXT ORDER: Petitioner's Motion to Supplement #16 is GRANTED. Entered by Judge Sue E. Myerscough on 05/28/2020. (SKN, ilcd)
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| Notice of Docket Text or Event Modification re #17 Order on Petition for Writ of Habeas Corpus (2241 & 2254): Order replaced with redacted version (Judge's signature). NEF regenerated. (ME, ilcd) |
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TEXT ORDER: Due to Petitioner's condition, Court's Order entered today, May 28, 2020, is stayed until tomorrow, May 29, 2020, at noon. This matter is set for a hearing tomorrow, May 29, 2020 at 11:00 AM before Judge Sue E. Myerscough. Parties are to appear either by video or telephone. Petitioner's presence is not required. Entered by Judge Sue E. Myerscough on 05/28/2020. (DM, ilcd)
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| Minute Entry for proceedings held before Judge Sue E. Myerscough: PETITION HEARING as to Petitioner's Petition for Writ of Habeas Corpus (d/e #1 ) held on 05/28/2020. Court and court personnel present via video and audio. Petitioner Olivero Ochoa was not present. Petitioner's counsel by video -- Ruben Loyo of National Immigrant Justice Center and Mara Easterbrook Klebaner of White & Case LLP. Additional attorneys were available by phone on behalf of Petitioner. James Rowe and Nancy Nicholson of the Kankakee State's Attorney's Office present by phone on behalf of Respondent. AUSA John Hoezler present via video on behalf of Interested Party United States of America. General Counsel for ICE were available by phone. Court addressed issue of Petitioner's refusal to attend hearing. Personnel at detention facility addressed Court. Discussion held. Court allowed Petitioner to be dismissed from hearing. Interpreter Lisa Dickens dismissed. No additional evidence presented. Arguments heard as to Petition for Habeas Corpus. Ruling rendered with justification stated. Order to follow. Clarification of order requested and made. Court adjourned. (Court Reporter KS.) (DM, ilcd) |
| Filing 16 MOTION to Supplement /Petitioner's Motion to Supplement Exhibit Q by Petitioner Olivero Ochoa. Responses due by 6/10/2020 (Attachments: #1 Exhibit Q)(Klebaner, Mara) |
| Filing 15 VIDEO WRIT issued for Petitioner Ochoa's video presence at the motion hearing set on 5/28/2020 at 1:00 PM before Judge Sue E. Myerscough. (copy of writ sent to Jerome Combs) (DM, ilcd) |
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Filing 14
TEXT ORDER: A video hearing on the merits of the Petition (Doc. #1 ) is scheduled for Thursday, May 28, 2020, at 1:00 p.m. 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. Instructions for the video conference are attached for the attorneys. Petitioner to promptly notify the Court regarding the outcome of his immigration proceedings no later than 12:00 p.m. on May 27, 2020. Entered by Judge Sue E. Myerscough on 5/27/2020. (MJC, ilcd)
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TEXT ORDER: Petitioner's Motion to Supplement and Motion to Seal #6 is GRANTED. Docket entry #7 shall remain under seal. The Government's Motion for Leave to File Document Under Seal and Motion for Clarification #9 is GRANTED. The document filed in docket entry #10 shall remain under seal. At this time the Court does not intend to unseal any filings in this case, however, the Government is granted leave to file a motion objecting to any information remaining under seal. Petitioner's Motion to Seal #13 is also GRANTED. The Clerk is DIRECTED to seal docket entry 12 . Entered by Judge Sue E. Myerscough on 5/27/2020. (MJC, ilcd)
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| Filing 13 MOTION to Seal / Petitioner's Motion to Seal Dkt No. 12 Petitioner's Reply Brief by Petitioner Olivero Ochoa. Responses due by 6/9/2020 (Klebaner, Mara) |
| Filing 11 NOTICE of Appearance of Attorney by Nancy Ann Nicholson on behalf of Chad Kolitwenzew (Nicholson, Nancy) |
| Filing 10 +++ SEALED DOCUMENT.. (Attachments: #1 Affidavit JCDC Declaration, #2 Exhibit JCDC Exh. 1, #3 Exhibit JCDC Exh. 2, Part 1 of 2, #4 Exhibit JCDC Exh. 2, Part 2 of 2, #5 Exhibit JCDC Exh. 3, #6 Exhibit JCDC Exh. 4, #7 Exhibit JCDC Exh. 5, #8 Exhibit JCDC Exh. 6, #9 Exhibit JCDC Exh. 7, #10 Affidavit Fontanez Declaration)(Hoelzer, John) |
| Filing 9 MOTION for Leave to File Document Under Seal /Motion for Clarification by Interested Party United States of America. Responses due by 6/9/2020 (Hoelzer, John) |
| Filing 8 RESPONSE to Motion re #1 Emergency PETITION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (Filing fee $ 5.) filed by Interested Party United States of America. (Attachments: #1 Affidavit JCDC Declaration, #2 Exhibit JCDC Exh. 1, #3 Exhibit JCDC Exh. 2, Part 1 of 2, #4 Exhibit JCDC Exh. 2, Part 2 of 2, #5 Exhibit JCDC Exh. 3, #6 Exhibit JCDC Exh. 4, #7 Exhibit JCDC Exh. 5, #8 Exhibit JCDC Exh. 6, #9 Exhibit JCDC Exh. 7, #10 Affidavit Fontanez Declaration (Redacted))(Hoelzer, John) |
| Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE set simultaneously in Case Nos: 20-2135 and 20-2138 on 05/26/2020. Entry for 20-2135 as follows: Court and court personnel present via video and audio. Petitioner not required to be present. Petitioner's counsel by video -- Ruben Loyo of National Immigrant Justice Center and Mara Easterbrook Klebaner of White & Case LLP. Additional attorneys were available by phone on behalf of Petitioner. James Rowe and Nancy Nicholson of the Kankakee State's Attorney's Office present by phone on behalf of Respondent. AUSA John Hoezler present via video on behalf of Interested Party United States of America. General Counsel for ICE were available by phone. Attorney Loyo was sworn and administered the Oath of Admission for the CDIL. Petitioner's counsel to provide status and keep Court and parties informed of separate Immigration Hearing. Court was informed that the Petitioner will need an interpreter. Matter set for hearing as to Merits of Petition on May 28, 2020 at 1:00 PM before Judge Sue E. Myerscough via video. Courtroom Clerk to secure interpreter and consult with facility as to availability of video with presence of Petitioner. Court adjourned. (Court Reporter KS.) (DM, ilcd) Modified on 5/26/2020--Correction to AUSA present. (DM, ilcd). |
| Notice of Docket Text or Event Modification re Status Conference: Correction to Minute Entry to reflect AUSA John Hoelzer was present on behalf of Interested Party USA as to this case. (DM, ilcd) |
| Filing 7 +++ SEALED DOCUMENT.. (Klebaner, Mara) |
| Filing 6 MOTION to Supplement Exhibit P, MOTION to Seal Exhibit P by Petitioner Olivero Ochoa. Responses due by 6/8/2020 (Klebaner, Mara) |
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TEXT ORDER: A joint status hearing has been set for Tuesday, May 26, 2020 at 3:00 p.m. for cases 20-cv-2135 and 20-cv-2138. The U.S. Attorney's Office has emailed the Deputy Clerk seeking clarification about the scope of the joint status hearing. Briefing schedules remain as previously set in both cases. The purpose of the joint status will be to determine how the cases will proceed procedurally; arguments on the merits will not be heard. Additional questions about the joint status should be directed to the Court at the joint status or filed in the docket. Entered by Judge Sue E. Myerscough on 5/23/2020. (SG, ilcd)
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Filing 5
TEXT ORDER: The Court sets a joint status hearing for cases 20-cv-2135 and 20-cv-2138 for Tuesday, May 26, 2020 at 3:00 p.m. before Judge Sue E. Myerscough. Counsel for Petitioners 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. Instructions for the video conference are attached for the attorneys. The hearing scheduled for Tuesday, May 26, 2020 at 2:00 p.m. in case 20-2135 before Judge Mihm is VACATED. Entered by Judge Sue E. Myerscough on 05/22/2020. (DM, ilcd)
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| Filing 4 MOTION to Substitute Attorney, W. Scott Simpson to be replaced by John D. Hoelzer, by Interested Party United States of America. Responses due by 6/5/2020 (Hoelzer, John) |
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TEXT ORDER: GRANTING the Government's #4 Motion to Substitute Attorney. On May 22, 2020, the Government filed the aforementioned Motion requesting to substitute Attorney John D. Hoelzer for Attorney W. Scott Simpson. The Court GRANTS the Government's request and directs the Clerk to substitute AUSA Hoelzer for AUSA Simpson as the attorney of record for the United States in this matter. Entered by Judge Michael M. Mihm. (JA, ilcd)
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TEXT ORDER REASSIGNING CASE Entered by Chief Judge Sara Darrow on 5/22/2020. This case is reassigned to Judge Sue E. Myerscough for all further proceedings and Judge Michael M. Mihm is no longer assigned to the case. (DK, ilcd)
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TEXT ORDER: Petitioner is in civil immigration detention and filed an #1 Emergency Petition for Writ of Habeas Corpus under 28 U.S.C. 2241. Petitioner seeks immediate release in light of the COVID-19 pandemic and his vulnerability and risk due to certain underlying health conditions. 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 State's Attorney of Kankakee County to defend Respondent in this suit. The Clerk of Court is DIRECTED to add Jim Rowe, Kankakee County State's Attorney, 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 United States Attorney's Office is hereby DESIGNATED to represent the United States in this case. Given the emergency nature of the petition and the rapidly spreading COVID-19 virus, the Court finds that Petitioner is implicitly seeking temporary injunctive relief in the form of immediate release from detention. A telephone hearing on Petitioner's temporary injunctive relief request is hereby set for Tuesday, May 26, 2020, at 2:00 p.m. before Judge Michael M. Mihm. Counsel for Petitioner and the United States shall appear via telephone. COUNSEL ARE TO PHONE INTO CONFERENCE by calling 571-353-2300 and then enter 007395538#. Please announce your name each time prior to speaking unless the Judge asks a question directly to you so that the speaker may be identified by all. 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 Government may file any desired written response by Tuesday, May 26, 2020, at 10:00 a.m. Petitioner may file any desired written reply to the Government's response by Tuesday, May 26, 2020, at 2:00 p.m. Additionally, finding good cause shown, the Court GRANTS Petitioner's #2 Motion to File under Seal, and ECF No. #3 and the accompanying exhibits will remain sealed. Entered by Judge Michael M. Mihm on 5/22/2020. (MNS, ilcd)
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| Filing fee received: $5.00, receipt number 14626037374 (JRK, ilcd) |
| Filing 3 +++ SEALED DOCUMENT.. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Klebaner, Mara) |
| Filing 2 MOTION to Seal / Petitioner's Motion for Leave to File Under Seal by Petitioner Olivero Ochoa. Responses due by 6/3/2020 (Klebaner, Mara) |
| Filing 1 Emergency PETITION for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 (Filing fee $ 5.), filed by Olivero Ochoa. (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Civil Cover Sheet)(Klebaner, Mara) |
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