Rocha-Sanchez v. Kolitwenzew
| Irbin U Rocha-Sanchez |
| Chad Kolitwenzew |
| United States |
| 2:2020cv02362 |
| December 17, 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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| Document Text |
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| Filing 22 NOTICE of Bond Hearing (Klein, Kimberly) |
| Filing 21 JUDGMENT in a Civil Case. (MJC, ilcd) |
Filing 20
ORDER AND OPINION BY SUE E. MYERSCOUGH, U.S. District Judge: Petitioner's Petition for Writ of Habeas Corpus (d/e #1 ) is GRANTED pursuant to 28 U.S.C. 2241(c)(3). This Case is CLOSED. The Clerk is DIRECTED to prepare the Judgment. SEE WRITTEN ORDER. Entered on 2/8/2021. (MJC, ilcd)
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| Filing 19 STATUS REPORT by Irbin U Rocha-Sanchez. (Hallett, Amber) |
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TEXT ORDER: Petitioner's Motion to Seal #17 is GRANTED for the good cause as stated in the motion. Document 18 shall remain under seal. Entered by Judge Sue E. Myerscough on 1/27/2021. (MJC, ilcd)
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| Filing 18 +++ SEALED DOCUMENT.. (Hallett, Amber) |
| Filing 17 MOTION to Seal by Petitioner Irbin U Rocha-Sanchez. Responses due by 2/8/2021 (Attachments: #1 Exhibit Declaration in Support of Motion to Seal)(Hallett, Amber) |
| Minute Entry for proceedings held before Judge Sue E. Myerscough: ORAL ARGUMENTS held on 01/22/2021. Court and court personnel present via video and audio. Petitioner Irbin U. Rocha-Sanchez present by video. Petitioner's counsel of record, Professor Attorney Nicole Hallett of Madel Legal Aid Clinic/University of Chicago School of Law, present via video with University of Chicago law students, Patrick Berning-O'Neill, Ana Luquerna, and Jacob Hamburger, also present by video. Attorney Nancy Nicholson of the Kankakee State's Attorneys Office present on behalf of Respondent. AUSA Kimberly Klein present via video on behalf of Interested Party United States of America. No additional evidence was presented. Oral Arguments made as follows: Law Student Patrick Berning-O'Neill presented on behalf of the Petitioner and AUSA Kimberly Klein presented on behalf of the Government. Release plan stated orally at arguments by Petitioner's counsel should be presented in writing to parties outlining the contact information of each of the stated individuals. Matter was taken under advisement. Ruling in writing to be entered. Court adjourned. (Court Reporter KS.) (DM, ilcd) |
| Filing 16 MOTION for Leave to Appear as Law Student Attorney by Petitioner Irbin U Rocha-Sanchez. Responses due by 2/4/2021 (Attachments: #1 Exhibit 1)(Hallett, Amber) |
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TEXT ORDER: Petitioner's Motion for Leave to Appear #16 is GRANTED. Pursuant to CDLR 83.5(A), Mr. Patrick Berning-O'Neill, a law student, is provisionally admitted to practice in this Court for the purposes of this case under the supervision of Attorney A. Nicole Hallett. The Court grants permission for Mr. Berning-O'Neill to present oral arguments in this case on January 22, 2021. Entered by Judge Sue E. Myerscough on 1/21/2021. (MJC, ilcd)
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| Filing 15 Reply by United States re #13 Traverse .. (Attachments: #1 Exhibit 2.27.20 IJ Decision-, #2 Exhibit 2 - BIA Unpublished Decision in Morales-Sanchez)(Klein, Kimberly) |
| Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCEcounsel only--held on 01/19/2021. Court and court personnel present via video and audio. Petitioner not required to attend. Petitioner's counsel of record, Nicole Hallett of Madel Legal Aid Clinic, present via video. University of Chicago students also present either by video or audio. AUSA Kimberly Klein present via video on behalf of Interested Party United States of America. AUSA Klein stated that no one would be present on behalf of Respondent as their positions do not differ. Disclosure by Court of potential conflict of interest. Counsel to consult with parties to the case and advise Court of their position as to same. Oral arguments have been requested. Disclosure by AUSA Klein as to Covid-19 pertaining to the Petitioner. Oral Arguments set on January 22, 2021 at 11:00 AM by video before U.S. District Judge Sue E. Myerscough. Petitioner counsel advised that she will inform Court through an entry of appearance who will be presenting argument on behalf of Petitioner. Oral request by AUSA Klein to file a clarification of record was granted. AUSA Klein to work with Respondent and Jerome Combs for the appearance either by video or phone of the Petitioner at the oral arguments. Court adjourned. (Court Reporter KS.) (DM, ilcd) |
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Filing 14
TEXT ORDER: The Court sets this case for a Status Hearing for counsel only on January 19, 2021, at 3:00 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. Petitioner Rocha-Sanchez's attendance is not necessary, so no video writ will issue. Instructions for the video conference are attached for the attorneys. Entered by Judge Sue E. Myerscough on 01/18/2021. (DM, ilcd)
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| Filing 13 Traverse re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Petitioner Irbin U Rocha-Sanchez. (Hallett, Amber) |
| Filing 12 NOTICE of Appearance of Attorney by Ruben Loyo on behalf of Irbin U Rocha-Sanchez (Loyo, Ruben) |
| Filing 11 NOTICE to Supplement Response (Klein, Kimberly) |
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TEXT ORDER: The Government's Motion to Withdraw #7 is GRANTED. AUSA W. Scott Simpson is terminated as counsel of record for Interested Party United States and AUSA Kimberly A. Klein shall remain on the case as lead counsel for the United States. The Government's Motion for Leave to File Document Under Seal #9 is GRANTED for good cause as described in the motion. Docket Entry #10 shall remain under seal. Entered by Judge Sue E. Myerscough on 1/8/2021. (MJC, ilcd)
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| Filing 10 +++ SEALED DOCUMENT.. (Klein, Kimberly) |
| Filing 9 MOTION for Leave to File Document Under Seal by Interested Party United States. Responses due by 1/21/2021 (Klein, Kimberly) |
| Filing 8 RESPONSE to Motion re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Interested Party United States. (Attachments: #1 Attach. 1, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Attach. 2)(Klein, Kimberly) |
| Filing 7 MOTION to Withdraw as Attorney by Interested Party United States. Responses due by 1/21/2021 (Simpson, W.) |
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TEXT ORDER: The Government's Motion for Extension of Time #6 is GRANTED. The Government's response to Petitioner's Petition is due on or before January 7, 2021. Petitioner's reply is due on or before January 14, 2021. Entered by Judge Sue E. Myerscough on 1/7/2021. (MJC, ilcd)
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| Filing 6 MOTION for Extension of Time to File Response/Reply as to #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) by Interested Party United States. Responses due by 1/20/2021 (Klein, Kimberly) |
| Filing 5 NOTICE of Appearance of Attorney by Kimberly A Klein on behalf of United States (Klein, Kimberly) |
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Filing 4
ORDER entered by Judge Sue E. Myerscough: Jim Rowe and Nancy Ann Nicholson of the Kankakee County State's Attorney's Office are added as counsel of record for the Respondent. The United States is added as an Interested Party in this matter. Interested Party United States is ORDERED to show cause, if any it may have, within fourteen (14) days after service of this Order, why the writ should not be granted. Respondent Kolitwenzew may file a response as well, but to the extent his position does not differ from the that of the United States, his response is not required. The Petitioner is ORDERED to file any traverse or reply to the response within seven (7) days after service of the United States' response on him. (SEE WRITTEN ORDER) Entered by Judge Sue E. Myerscough on 12/23/2020. (MAS, ilcd)
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| Filing 3 Exhibit re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) Amended Proposed Order to Show Cause by Irbin U Rocha-Sanchez. (Hallett, Amber) |
| Filing 2 MEMORANDUM in Support re #1 PETITION for Writ of Habeas Corpus (Filing fee $ 5.) filed by Petitioner Irbin U Rocha-Sanchez. (Hallett, Amber) |
| Filing 1 PETITION for Writ of Habeas Corpus (Filing fee $ 5; receipt #24626009741), filed by Irbin U Rocha-Sanchez. (Attachments: #1 Civil Cover Sheet, #2 Text of Proposed Order to Show Cause, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Hallett, Amber) Modified on 12/18/2020 to include receipt number (KM, ilcd). |
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