Khadka v. Barr et al
| Subash Khadka |
| Bureau of Immigration & Customs Enforcement, Chad Wolf, Quincy Hodges, Chris Frederick, Dept of Homeland Security and William Barr |
| 1:2020cv01048 |
| August 13, 2020 |
| US District Court for the Western District of Louisiana |
| Dee D Drell |
| David C Joseph |
| Joseph H L Perez-Montes |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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| Filing 14 EXHIBIT LIST. (Attachments: #1 Exhibit pexh1, #2 Exhibit gexhA)(crt,Tice, Y) |
| Filing 13 MINUTES for proceedings held before Magistrate Judge Joseph H L Perez-Montes: SHOW CAUSE HEARING held on 9/22/2020 granting 1 Motion for Order to Show Cause. The matter is taken under advisement and a written Order to follow. (Court Reporter: VTC) (crt,Tice, Y) |
| Filing 12 REPLY to Response to Motion re 1 MOTION for Order to Show Cause MOTION for Declaratory Judgment filed by Subash Khadka. (Attachments: #1 Exhibit ODLS)(aty,Abrusley, Luke) |
| Filing 11 RESPONSE to 1 Petition for Writ of Habeas Corpus by William Barr, Chris Frederick, Quincy Hodges, Dept of Homeland Security, Bureau of Immigration & Customs Enforcement, Chad Wolf. (Attachments: #1 Exhibit ICE Declaration (Hodges))(aty,Williams-Auzenne, Desiree) |
| Filing 10 ELECTRONIC MINUTE ENTRY: The Show Cause Hearing currently set for 09/15/2020 is RESET for 9/22/2020 at 3:15 PM, by video conference, before Magistrate Judge Joseph H.L. Perez-Montes. All attendance at this hearing will be by video conference. An email with the access link will be sent the day prior to the hearing. All counsel of record are responsible for sharing access information with represented parties, witnesses, or other persons associated with parties or witnesses that wish to attend. Participants are reminded of requirements of our local rules with respect to proper attire in the courtroom. They are to abide by those requirements even when participating via teleconference. The public is welcome to participate via video conference and may send an email request to JPM_VTC@lawd.uscourts.gov to request access information. The access will be delivered via email to the email address from which the request originated. Those who are 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 sanction deemed necessary by the Court. The public is also reminded that silence must be observed by all audience members and any public outbursts will be met with immediate removal of video and audio feed. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 9/10/2020. (crt,Tice, Y) |
Filing 9
ORDER granting #8 Motion for Extension of Time to Answer re 1 Petition for Writ of Habeas Corpus. Extension date up to and including September 17, 2020. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 9/9/2020. (crt,Tice, Y)
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| Filing 8 First MOTION for Extension of Time to File Answer re 1 PETITION for Writ of Habeas Corpus with consent sought but not yet obtained by William Barr, Chris Frederick, Quincy Hodges, Dept of Homeland Security, Bureau of Immigration & Customs Enforcement, Chad Wolf. Motions referred to Joseph H L Perez-Montes. Motion Ripe Deadline set for 9/8/2020. (Attachments: #1 Proposed order)(Attorney Desiree C Williams-Auzenne added to party William Barr(pty:dft), Attorney Desiree C Williams-Auzenne added to party Chris Frederick(pty:dft), Attorney Desiree C Williams-Auzenne added to party Quincy Hodges(pty:dft), Attorney Desiree C Williams-Auzenne added to party Dept of Homeland Security(pty:dft), Attorney Desiree C Williams-Auzenne added to party Bureau of Immigration & Customs Enforcement(pty:dft), Attorney Desiree C Williams-Auzenne added to party Chad Wolf(pty:dft))(aty,Williams-Auzenne, Desiree) Modified to properly capture motion event on 9/9/2020 (Haik, K). |
| Filing 7 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Judge David C Joseph. Judge Dee D Drell no longer assigned to case. All future filings should bear the name of the new judge assignment. Approved by Chief Judge S Maurice Hicks, Jr on 9/2/2020. (crt,Whidden, C) |
| Filing 6 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/20/2020. (jud,Perez-Montes, Joseph) |
| Filing 5 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/20/2020. (jud,Perez-Montes, Joseph) |
| Filing 4 ELECTRONIC JURISDICTIONAL REVIEW FINDING: Having reviewed the pleadings, and any amended pleadings, the court finds that subject matter jurisdiction exists pursuant to: 28 U.S.C. section 1331. This finding is preliminary and may be reconsidered sua sponte or on appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 8/20/2020. (jud,Perez-Montes, Joseph) |
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Filing 3
ELECTRONIC MINUTE ENTRY: re 1 Petition for Writ of Habeas Corpus as to 1 Petition for Writ of Habeas Corpus and 1 MOTION for Order to Show Cause MOTION for Declaratory Judgment. Responses due by 9/14/2020. Replies due by 9/10/2020. Show Cause Hearing set for 9/15/2020 at 1:30 PM, by video conference, before Magistrate Judge Joseph H.L. Perez-Montes.All attendance at this hearing will be by video conference. An email with the access link will be sent the day prior to the hearing. All counsel of record are responsible for sharing access information with represented parties, witnesses, or other persons associated with parties or witnesses that wish to attend. Participants are reminded of requirements of our local rules with respect to proper attire in the courtroom. They are to abide by those requirements even when participating via teleconference. The public is welcome to participate via video conference and may send an email request to JPM_VTC@lawd.uscourts.gov to request access information. The access will be delivered via email to the email address from which the request originated. Those who are 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 sanction deemed necessary by the Court. The public is also reminded that silence must be observed by all audience members and any public outbursts will be met with immediate removal of video and audio feed. Signed by Magistrate Judge Joseph H.L. Perez-Montes on 8/18/2020. (crt,Tice, Y)
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| Filing 2 SUMMONS ISSUED as to U S Attorney, U S Attorney General, William Barr, Chad Wolf, Quincy Hodges, Chris Frederick, Dept of Homeland Security, Bureau of Immigration & Customs Enforcement. (crt,Devillier, W) |
| Filing 1 MOTION for Order to Show Cause (Motion Ripe Deadline set for 8/13/2020.), MOTION for Declaratory Judgment by Subash Khadka. ADMINISTRATIVE ENTRY to capture relief requested within pdf of Doc 1 Petition. (crt,Devillier, W) Modified to assign document number on 8/13/2020 (Devillier, W). |
| CASE Assigned to Judge Dee D Drell and Magistrate Judge Joseph H L Perez-Montes. Motions referred to Magistrate Judge Joseph H L Perez-Montes. (crt,Devillier, W) |
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