Guzman Fajardo v. Barr et al
| Ilsa Guzman Fajardo |
| Damon Acuff, William P Barr, Ricardo Wong, Kirstjen Nielsen and U.S. Department of Homeland Security |
| 3:2019cv00255 |
| March 1, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on June 4, 2019. A more recent docket listing may be available from PACER.
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| Set Deadlines: Status Report due by 5/3/2019. (rah) |
Filing 18
ORDER: On March 13, 2019 (Doc. #14 ) this Court stayed the proceedings in this action upon the parties' joint motion. The parties represented that they expected to formalize an agreement to allow Petitioner to pursue her application for immigration relief, and that they anticipated submitting a joint stipulation of voluntary dismissal of this action without prejudice. (Doc. #13 ). The Court DIRECTS the parties to file a status report regarding the stay and their progress toward resolution of this matter, on or before May 3, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 4/18/2019. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 NOTICE of Appearance by James R. Wyrsch on behalf of Ilsa Guzman Fajardo (Wyrsch, James) |
| Filing 16 NOTICE REGARDING FILING re #11 Notice of Appearance filed by U.S. Department of Homeland Security, Ricardo Wong, Kirstjen Nielsen, William P Barr, Damon Acuff. The submitted Notice is in a fillable format. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF. This Notice is sent for informational purposes only. (kls3) |
| Filing 15 NOTICE OF ACTION: See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this Court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the Court. Attorney Wyrsch does not have a Notice of Appearance on file in this case. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 14
ORDER STAYING PROCEEDINGS. The agreed motion to stay (Doc. 13) is GRANTED. This action is STAYED until further order of this Court. The Courts Order of March 4, 2019 (Doc. 8) granting Petitioner's application for stay of removal continues in effect. The hearing previously scheduled for Thursday, March 14, 2019, is CANCELED. Signed by Judge Nancy J. Rosenstengel on 3/13/2019. (drb)
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| Filing 13 Joint MOTION to Stay Proceedings Pending Resolution of A Joint Stipulation for Voluntary Dismissal Without Prejudice Pursuant to Rule 41(a)(1)(A)(ii) by Damon Acuff, William P Barr, Kirstjen Nielsen, U.S. Department of Homeland Security, Ricardo Wong. (Ian, Kenneth) |
| Filing 12 NOTICE of Appearance by Javad M. Khazaeli on behalf of Ilsa Guzman Fajardo (Khazaeli, Javad) |
| Filing 11 NOTICE of Appearance by Kenneth John Ian on behalf of Damon Acuff, William P Barr, Kirstjen Nielsen, U.S. Department of Homeland Security, Ricardo Wong (Ian, Kenneth) |
| Filing 10 NOTICE of Hearing: Hearing set for 3/14/2019 11:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 9
ORDER and NOTICE of HEARING Re: #1 Petition for Writ of Habeas Corpus, #2 Application for Stay of Removal and #8 Order Granting the Same: Hearing set for March 14, 2019 at 11:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Petitioner shall appear in person. In order to assist the Court in resolving Petitioner's Application for Stay of Removal, in particular the question of Petitioner's entitlement to release from immigration detention, Respondents SHALL FILE A RESPONSE on or before noon on March 13, 2019. Signed by Judge Nancy J. Rosenstengel on 3/8/2019. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Interpreter Fernando Torres scheduled for hearing set for 3/14/2019 at 11:00 AM. (drb) |
| Set/Reset Deadlines. Response due by 3/13/2019, per Order at Doc. 9. (kls3) |
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Filing 8
ORDER granting #2 Application for Stay of Removal. Respondents are enjoined and prohibited from removing or authorizing the removal of Petitioner Ilsa Guzman Fajardo from the territorial jurisdiction of the Southern District of Illinois while the instant habeas corpus proceeding is pending, with the exception that Petitioner may be transported to the St. Louis, Missouri, metropolitan area as needed for attendance at proceedings related to her immigration status. IT IS FURTHER ORDERED that removal of Ilsa Guzman Fajardo from the United States is STAYED and shall not proceed until further Order of this Court. Signed by Judge Nancy J. Rosenstengel on 3/4/2019. (beb)
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| Filing 7 Summons Issued as to Damon Acuff, Ricardo Wong. (cds) |
| Filing 6 Summons Issued as to William P Barr, Kirstjen Nielsen, U.S. Department of Homeland Security. (cds) |
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Filing 5
ORDER: During preliminary screening, the Court dismissed WILLIAM BARR, KRISTJEN NIELSEN, RICARDO WONG, and the U.S. DEPARTMENT OF HOMELAND SECURITY, finding that they were not proper Respondents. Upon further review of the Petition and in considering the relief being sought, it appears that these dismissals may have been in error. Accordingly, the Court hereby VACATES the dismissal of WILLIAM BARR, KRISTJEN NIELSEN, RICARDO WONG, and the U.S. DEPARTMENT OF HOMELAND SECURITY and DIRECTS the Clerk of the Court to reinstate these Respondents. Petitioner's attorney shall serve WILLIAM BARR, KRISTJEN NIELSEN, RICARDO WONG, and the U.S. DEPARTMENT OF HOMELAND SECURITY, as well as Respondent Acuff, with summons and a copy of the Petition and Application for Stay as soon as practicable. Respondents WILLIAM BARR, KRISTJEN NIELSEN, RICARDO WONG, and the U.S. DEPARTMENT OF HOMELAND SECURITY are ORDERED to respond the Section 2241 petition (Doc. 1) or otherwise plead twenty (20) days after receipt of summons. Signed by Judge Nancy J. Rosenstengel on 3/4/2019. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
Order for Service of Process upon Damon Acuff. William Barr, Kristjen Nielsen, Ricardo Wong, and U.S. Department of Homeland Security are DISMISSED without prejudice from this action. The Clerk is DIRECTED to terminate theseparties from the docket. As Petitioner is represented by counsel, counsel is responsible for service. Signed by Judge Nancy J. Rosenstengel on 3/4/2019. (anp)
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| Filing 3 Notice of Judge Assignment. Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 19-cv-255-NJR. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (cds) |
| Filing fee: $ 5.00, receipt number 34625091192 (cds) |
| Filing 2 Emergency MOTION to Stay by Ilsa Guzman Fajardo. (Attachments: #1 Exhibit Proposed Order (Will be sent via email))(Wyrsch, James) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Ilsa Guzman Fajardo. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit NTA, #3 Exhibit Marriage Cert, #4 Exhibit Denial, #5 Exhibit OSUP, #6 Exhibit I-130 Receipt Notice, #7 Summons ACUFF, #8 Summons BARR, #9 Summons DHS, #10 Summons Neilsen, #11 Summons WONG)(Wyrsch, James) |
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