Vidal-Martinez v. Prim et al
| Jesus Vidal-Martinez |
| Chad Wolf, Daniel Sitkie, Robert Guadian, Bill Prim, William Barr, Henry Lucero, Alejandro Mayorkas, Damon Acuff and Merrick Garland |
| 3:2021cv00224 |
| February 26, 2021 |
| 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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| Filing 56 STATUS REPORT by Jesus Vidal-Martinez. (Briskman, Jacob) |
| Set/Reset Deadlines: Action due by 4/16/2021. (amv) |
Filing 55
ORDER: Full access to the hearing set for 4/29/21 at 1:30 PM is available remotely to the public. Instructions to join the hearing are as follows: Call toll free 1-877-336-1831, when prompted enter Access Code 9139610. Signed by Chief Judge Nancy J. Rosenstengel on 4/14/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 54
ORDER Setting Hearing and Directing Status Report: Petitioner's next immigration hearing is to be held on April 15, 2021. Petitioner shall file a status report regarding those proceedings on or before April 16, 2021. A hearing on the habeas petition is scheduled for Thursday, April 29, 2021 at 1:30 PM before Chief Judge Nancy J. Rosenstengel, with all parties appearing by video conference. Information regarding the video conference will be sent by email to all counsel. Should petitioners counsel feel the need for petitioner to be present via video conference, please contact Courtroom Deputy Deana Brinkley (618-482-9342) to make arrangements. Signed by Chief Judge Nancy J. Rosenstengel on 4/14/2021. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 53 MOTION for Hearing re #52 Reply to Response to Motion, #50 Response, #46 MOTION to Strike #43 Response, by Jesus Vidal-Martinez. (Briskman, Jacob) |
| Filing 52 REPLY to Response to Motion re #46 MOTION to Strike #43 Response, and status update filed by Jesus Vidal-Martinez. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Cassingham, Adam Ross) |
| Filing 51 NOTICE of Appearance by Adam Ross Whitesel Cassingham on behalf of Jesus Vidal-Martinez (Cassingham, Adam Ross) |
| Filing 50 RESPONSE to #46 Motion to Strike filed by Damon Acuff, Merrick Garland, Henry Lucero, Alejandro Mayorkas. (Attachments: #1 Exhibit A (Unsigned Certificate), #2 Exhibit B (Acuff Supplement), #3 Att. 1 to Ex. B)(Biersbach, Nicholas) |
| Filing 49 STATUS REPORT by Jesus Vidal-Martinez. (Briskman, Jacob) |
| Filing 48 NOTICE REGARDING FILING re #46 Motion to Strike filed by Jesus Vidal-Martinez, #44 Traverse filed by Jesus Vidal-Martinez. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language "with consent" with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 47
ORDER granting #45 Joint Motion for Substitution of Respondents. The Clerk is DIRECTED to make the following substitutions of Respondents: Damon Acuff (Warden of Pulaski County Detention Center) replaces Bill Prim and Daniel Sitkie; Henry Lucero (ERO/ICE Chicago Field Office Director) replaces Robert Guadian; Alejandro Mayorkas (Secretary, Department of Homeland Security) replaces Chad Wolf; and Merrick Garland (Attorney General) replaces Willam Barr. See Federal Rule of Civil Procedure 25(d); Bridges v. Chambers, 425 F.3d 1048, 1049-50 (7th Cir. 2005) (proper respondent is the prisoner's current custodian). Damon Acuff, Henry Lucero, Alejandro Mayorkas and Merrick Garland added. Bill Prim (McHenry County Sheriff), Daniel Sitkie (McHenry County Jail Chief of Corrections), Chad Wolf (Secretary Department of Homeland Security), William Barr (Attorney General) and Robert Guadian (ICE Field Office Director Chicago) terminated. Signed by Chief Judge Nancy J. Rosenstengel on 3/15/2021. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 46 MOTION to Strike #43 Response, by Jesus Vidal-Martinez. (Attachments: #1 Exhibit Petitioner's Exhibit 1, #2 Exhibit Petitioner's Exhibit 2)(Briskman, Jacob) |
| Filing 45 Joint MOTION to Substitute Party by Jesus Vidal-Martinez. (Briskman, Jacob) |
| Filing 44 TRAVERSE re #43 Response, to Amended Habeas Petition by Jesus Vidal-Martinez. (Briskman, Jacob) |
| Filing 43 RESPONSE to Amended Petition of Vidal-Martinez filed by William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf. (Attachments: #1 Exhibit A (Rodriguez Declaration), #2 Exhibit B (Incident Report), #3 Exhibit C (Acuff Declaration))(Biersbach, Nicholas) |
| Filing 42 Letter to Craig Oswald and Elizabeth Treacy regarding admissions. (amv) |
| Set Deadlines: Status Report due by 3/26/2021. (jlrr) |
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Filing 41
ORDER granting #39 Motion Petitioner's Unopposed Motion for Entry of Briefing Schedule. Respondents shall file their response to Petitioner's First Amended Petition for Writ of Habeas Corpus (Doc. #29 ) on or before March 5, 2021. Petitioner's reply shall be filed on or before March 12, 2021. In addition, because Petitioner's next immigration hearing is set for March 24, 2021, he shall also file a status report regarding those proceedings on or before March 26, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 2/26/2021. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 40 NOTICE of Appearance by Nicholas J. Biersbach on behalf of William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf (Biersbach, Nicholas) |
| Filing 39 MOTION Agreed Briefing Schedule by Jesus Vidal-Martinez. (Briskman, Jacob) |
| Filing 38 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 21-224-NJR. (jaj) |
| Filing 37 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-05099. Original file certified copy of transfer order and docket sheet received. |
| Filing 36 TRANSFERRED to the Southern District of Illinois, the electronic record.(ec, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 35 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion to vacate the briefing schedule #33 . The Court transferred this case to the Southern District of Illinois on 2/10/2021 and in doing so, vacated all pending dates in favor of allowing the transferee court to set its own schedule. Mailed notice (rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 34 NOTICE of Motion by Elizabeth Inez Treacy for presentment of motion to vacate #33 before Honorable Sara L. Ellis on 2/23/2021 at 09:45 AM. (Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 33 MOTION by Defendants William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf to vacate briefing schedule (Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
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Filing 32
ORDER: The Court grants Petitioner's motion for transfer of venue #30 and transfers this matter to the Southern District of Illinois. The Court finds that transfer of venue is appropriate in the interest of justice because Petitioner is currently housed in the Southern District of Illinois, the relevant witnesses are located within the Southern District of Illinois, and venue is proper in both districts. 28 U.S.C. 1404(a). Signed by the Honorable Sara L. Ellis on 2/10/2021. Mailed notice (jn, ) [Transferred from Illinois Northern on 2/26/2021.]
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| Filing 31 NOTICE of Motion by Jacob S. Briskman for presentment of motion to change venue #30 before Honorable Sara L. Ellis on 2/11/2021 at 01:45 PM. (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 30 MOTION by Plaintiff Jesus Vidal-Martinez to change venue (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 29 AMENDED HABEAS CORPUS PETITION AMENDED complaint by Jesus Vidal-Martinez against All Defendants (Attachments: #1 Exhibit Petitioner's Exhibit 1, #2 Exhibit Petitioner's Exhibit 2, #3 Exhibit Petitioner's Exhibit 3, #4 Exhibit Petitioner's Exhibit 4, #5 Exhibit Petitioner's Exhibit 5, #6 Exhibit Petitioner's Exhibit 6, #7 Exhibit Petitioner's Exhibit 7, #8 Exhibit Petitioner's Exhibit 8, #9 Exhibit Petitioner's Exhibit 9, #10 Exhibit Petitioner's Exhibit 10, #11 Exhibit Petitioner's Exhibit 11, #12 Exhibit Petitioner's Exhibit 12, #13 Appendix Appendix to Amended Petition)(Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 28 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 1/26/2021. Petitioner to file an amended habeas petition by 2/5/2021; Government's response due by 2/19/2021; Petitioner's reply is due by 2/26/2021. Telephone Conference set for 4/7/2021 at 9:30 AM. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 27 STATUS Report by Jesus Vidal-Martinez (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 26 STATUS Report by Jesus Vidal-Martinez (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 25 STATUS Report by Jesus Vidal-Martinez (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 24 REPLY by William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf to response in opposition to motion, #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 23 RESPONSE by Jesus Vidal-Martinezin Opposition to MOTION by Defendants William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf for reconsideration regarding memorandum opinion and order #17 #18 (Attachments: #1 Exhibit Email From Jail Sgt.)(Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 22 MINUTE entry before the Honorable Sara L. Ellis: The Court enters the following briefing schedule on Defendants' motion for reconsideration #18 : Plaintiff's response is due by 12/2/2020 and Defendants' reply is due by 12/9/2020. The Court strikes the status date set for 12/14/2020 and resets it to 1/26/2021 at 9:30 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 21 NOTICE by All Defendants Notice of Filing (Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 20 NOTICE of Motion by Elizabeth Inez Treacy for presentment of motion for reconsideration #18 before Honorable Sara L. Ellis on 11/18/2020 at 09:45 AM. (Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 19 MEMORANDUM by William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf in support of motion for reconsideration #18 and in response to the merits of petitioner's remaining habeas claim (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 18 MOTION by Defendants William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf for reconsideration regarding memorandum opinion and order #17 (Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 17 OPINION AND ORDER. Signed by the Honorable Sara L. Ellis on 11/3/2020. Mailed notice(rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 16 MINUTE entry before the Honorable Sara L. Ellis: Enter Opinion and Order. The Court grants in part and denies in part the government's motion to dismiss #13 . The Court grants Vidal-Martinez' motion for an order to show cause #8 and orders the government to respond to the merits of Vidal-Martinez' petition by November 10, 2020. Vidal-Martinez shall file a reply brief by November 24, 2020. In the briefing, the parties should include the status of the state criminal matter and removal proceedings. The Court denies the identical, previously-filed motions as moot [3, 5]. Finally, the Court strikes the current status conference on November 4, 2020, and re-sets the status conference to December 14, 2020 at 9:30 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 15 REPLY by Plaintiff Jesus Vidal-Martinez to motion to dismiss #13 Petitioner's Supplement To Petitioner's response to motion to dismiss (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 14 REPLY by Plaintiff Jesus Vidal-Martinez to motion to dismiss #13 (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 13 MOTION by Defendants William Barr, Robert Guadian, Daniel Sitkie, Bill Prim, Chad Wolf to dismiss Habeas Petition for lack of jurisdiction (Attachments: #1 Exhibit 1)(Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 12 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 9/15/2020. Briefing schedule on habeas petition: Government's response is due by 9/25/2020; Plaintiff's reply is due by 10/2/2020. Next status date set for 11/4/2020 at 9:30 a.m. and will set date for hearing if necessary. The parties to appear via teleconference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 11 MINUTE entry before the Honorable Sara L. Ellis: Telephone hearing set for 9/15/2020 at 9:45 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 10 NOTICE of Motion by Jacob S. Briskman for presentment of motion for hearing,, motion for writ,, motion for rule to show cause, #8 before Honorable Sara L. Ellis on 9/15/2020 at 09:45 AM. (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 9 NOTICE of Motion by Jacob S. Briskman for presentment of (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 8 MOTION by Plaintiff Jesus Vidal-Martinez for hearing or adjudication pursuant to 28 USC Sec. 2243, MOTION by Plaintiff Jesus Vidal-Martinez for writ or a rule to show cause in the alternative pursuant to 28 USC Sec. 2243, MOTION by Plaintiff Jesus Vidal-Martinez for rule to show cause or writ in the alternative pursuant to 28 USC Sec 2243 (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 7 DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendants William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf (Oswald, Craig) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 6 DESIGNATION of Elizabeth Inez Treacy as U.S. Attorney for Defendants William Barr, Robert Guadian, Bill Prim, Daniel Sitkie, Chad Wolf (Treacy, Elizabeth) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 5 MOTION by Plaintiff Jesus Vidal-Martinez for writ (or order to show cause to issue) (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 3 MOTION by Plaintiff Jesus Vidal-Martinez for order to show cause (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 2 CIVIL Cover Sheet (Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (gw, ) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 1 PETITION for writ of habeas corpus filed by Jesus Vidal-Martinez against All Defendants Filing fee $ 5, receipt number 0752-17376037. (Attachments: #1 Certificate of Service, #2 Exhibit Petitioner's Mother's Death Certificate, #3 Exhibit Recognizance Bond Sheet, #4 Exhibit Incident Report; Rochester Police Department, #5 Exhibit News Article Northwest Herald, #6 Exhibit BIA Adjudication Statistics)(Briskman, Jacob) [Transferred from Illinois Northern on 2/26/2021.] |
| Filing 4 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. (rp, ) [Transferred from Illinois Northern on 2/26/2021.] |
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