Fernando-Mateo v. Prim et al
| Francisco FERNANDO-MATEO |
| Chad F. Wolf, Attorney General William Barr, Robert Guadian and Bill Prim |
| William Barr |
| 1:2020cv02999 |
| May 20, 2020 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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Filing 16
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket)
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| Filing 15 NOTICE by Francisco Fernando-Mateo (Attachments: #1 Exhibit Exhibit 1)(Ibrahim, Michael) |
| Filing 14 NOTICE by Robert Guadian, Bill Prim, Chad F. Wolf Government's Notice of Filing (Attachments: #1 Exhibit 1)(Treacy, Elizabeth) |
| Filing 13 MINUTE entry before the Honorable John Z. Lee: The Court grants the petitioner's request for leave to file a reply in support of his habeas petition and emergency motion, see ECF 12-1.Mailed notice (ca, ) |
| Filing 12 REPLY by Francisco Fernando-Mateo to response to motion, #11 (Attachments: #1 Supplement Motion Seeking Leave to Reply, #2 Notice of Filing)(Ibrahim, Michael) |
| Filing 11 RESPONSE by Robert Guadian, Bill Prim, Chad F. Wolf to MOTION by Petitioner Francisco Fernando-Mateo for order to show cause #4 , PETITION for writ of habeas corpus filed by Francisco FERNANDO-MATEO against All Defendants Filing fee $ 5, receipt number 0752-17030876. #1 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Treacy, Elizabeth) |
| Filing 10 DESIGNATION of Jana L Brady as U.S. Attorney for Respondents Robert Guadian, Bill Prim, Chad F. Wolf (Brady, Jana) |
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Filing 9
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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| Filing 8 DESIGNATION of Elizabeth Inez Treacy as U.S. Attorney for Respondents Robert Guadian, Bill Prim, Chad F. Wolf (Treacy, Elizabeth) |
| Filing 7 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Respondents Robert Guadian, Bill Prim, Chad F. Wolf (Oswald, Craig) |
| Filing 6 ATTORNEY Appearance for Petitioner Francisco Fernando-Mateo by Adam R Whitesel Cassingham (Cassingham, Adam R) |
| Filing 5 MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is before Judge Dow as emergency judge. Petitioner filed a petition for a writ of habeas corpus #1 last Wednesday, May 20. Two days later, he filed a motion for rule to show cause on the regular civil docket, Case No. 20-cv-2999. On Sunday, May 24, he filed the motion on the emergency docket, Case No. 20-cv-1792. Petitioner states that he has been detained by Respondents since November 2019. He claims that the Chicago Immigration Court rescheduled his final hearing on the merits of his deportation case three times, but that the final hearing took place last Thursday, May 21. According to Petitioner, the Immigration Judge reserved ruling, so Petitioner is waiting for a final decision. Petitioner invokes 28 U.S.C. 2243, claiming that his prolonged detention violates the Fifth Amendment. Section 2243 provides for a return date on a rule to show cause "within three days unless for good cause additional time, not exceeding twenty days, is allowed," followed by a hearing "not more than five days after the return unless for good cause additional time is allowed." In the first instance, the Court finds good cause to allow a week for a response to the rule to show cause given the possibility that a decision could be rendered by the Immigration Court that might moot the petition altogether. Accordingly, Respondents are ordered to file a response to the motion for rule to show cause by 6/1/2020. After the response is reviewed, the Court - either the emergency judge or the assigned judge - will determine whether to set a deadline for a reply brief and/or schedule the matter for a hearing as provided by the statute. The Clerk is directed to terminate the motion [docket entry 1060] on the emergency docket. All further filings should be made on the regular civil docket in Case No. 20-cv-2999 only. Mailed notice (cdh, ) |
| Filing 4 MOTION by Petitioner Francisco Fernando-Mateo for order to show cause (Attachments: #1 Notice of Filing)(Ibrahim, Michael) |
| Filing 2 ATTORNEY Appearance for Plaintiff Francisco FERNANDO-MATEO by Jacob S. Briskman (Briskman, Jacob) |
| Filing 1 PETITION for writ of habeas corpus filed by Francisco FERNANDO-MATEO against All Defendants Filing fee $ 5, receipt number 0752-17030876. (Attachments: #1 Civil Cover Sheet)(Ibrahim, Michael) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (acm, ) |
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Filing 3
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020 (rc, )
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