Diaz Ortiz v. Tompkins et al

Petitioner: Cristian Diaz Ortiz
Respondent: Todd Lyons, Yolanda Smith and Steven Tompkins
Case Number: 1:2018cv12600
Filed: December 18, 2018
Court: US District Court for the District of Massachusetts
Presiding Judge: Patti B Saris
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None

Docket Report

This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 15, 2019 Filing 31 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #30 Motion for Extension of Time to February 19, 2019 to file Status Report (Caruso, Stephanie)
February 15, 2019 Filing 30 Assented to MOTION for Extension of Time to February 19, 2019 to file Status Report by Todd Lyons, Yolanda Smith, Steven Tompkins.(Farquhar, Rayford)
January 29, 2019 Filing 28 SET DEADLINE AS TO STATUS REPORT DUE BY 2/15/2019. (Lara, Miguel)
January 29, 2019 Filing 27 Chief Judge Patti B. Saris: MEMORANDUM AND ORDER: For the foregoing reasons, the Government's motion to dismiss (Dkt. No. #14 ) is DENIED. The petition for writ of habeas corpus (Dkt. No. #1 ) is ALLOWED. The Court ORDERS that the immigration court hold a new custody redetermination hearing for Diaz Ortiz within seven calendar days.SO ORDERED(Lara, Miguel)
January 29, 2019 Filing 26 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
January 29, 2019 Filing 25 Transcript of Status Conference held on January 9, 2019, before Chief Judge Patti B. Saris. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 2/19/2019. Redacted Transcript Deadline set for 3/1/2019. Release of Transcript Restriction set for 4/29/2019. (Scalfani, Deborah)
January 25, 2019 Filing 29 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Hearing held on 1/25/2019....all matters taken under advisement, court adjourned. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen)
January 24, 2019 Filing 24 Response by Todd Lyons, Yolanda Smith, Steven Tompkins TO THE COURTS JANUARY 9, 2019 QUESTION REGARDING PROCEDURAL DUE PROCESS AND PROVING PREJUDICE. (Attachments: #1 Exhibit 1)(Farquhar, Rayford)
January 17, 2019 Filing 23 NOTICE OF MANUAL FILING - Received in Clerk's Office - Exhibit 2- Audio Recording re #22 Opposition to Motion filed by Cristian Diaz Ortiz. (Geraldino-Karasek, Clarilde)
January 16, 2019 Filing 22 Opposition re #14 MOTION to Dismiss Petitioner's Habeas Corpus Petition filed by Cristian Diaz Ortiz. (Attachments: #1 Exhibit 1- Judgement from Pensamiento v. McDonald, #2 Exhibit 2- Audio Recording Submission Cover Sheet)(Scordino, Ellen)
January 9, 2019 Filing 21 MEMORANDUM in Support re #20 MOTION for Order to to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket"). (Caruso, Stephanie) (Additional attachment(s) added on 1/9/2019: #1 Exhibit A) (Caruso, Stephanie).
January 9, 2019 Filing 20 MOTION of John Hawkinson, Pro Se, for Order to to Permit Remote Access to Electronic Court Filings Pursuant to FRCP 5.2(c) ("Open the Docket").(Caruso, Stephanie)
January 9, 2019 Filing 19 MOTION of John A. Hawkinson, Pro Se, to (1) Intervene Seeking remote Pacer Access; And (2) for ECF Filing Privileges.(Caruso, Stephanie)
January 9, 2019 Filing 18 Electronic Clerk's Notes for proceedings held before Chief Judge Patti B. Saris: Status Conference held on 1/9/2019...Hearing set for 1/25/2019 11:00 AM in Courtroom 19 before Chief Judge Patti B. Saris.(Ausa Farquhar, Atty Scordino, Seidita) (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen)
January 8, 2019 Filing 16 NOTICE Resetting **TIME ONLY FROM 9:30am to 10:00am***. Status Conference will go forward on Wednesday 1/9/2019 AT 10:00 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
January 8, 2019 Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss Petitioner's Habeas Corpus Petition filed by Todd Lyons, Yolanda Smith, Steven Tompkins. (Farquhar, Rayford) (Additional attachment(s) added on 1/25/2019: #1 Declaration) (Geraldino-Karasek, Clarilde).
January 8, 2019 Filing 14 MOTION to Dismiss Petitioner's Habeas Corpus Petition by Todd Lyons, Yolanda Smith, Steven Tompkins.(Farquhar, Rayford)
January 8, 2019 Filing 13 STATUS REPORT JOINT STATUS REPORT by Cristian Diaz Ortiz. (Scordino, Ellen)
January 4, 2019 Filing 12 NOTICE of Appearance by Rayford A. Farquhar on behalf of Yolanda Smith (Farquhar, Rayford)
January 3, 2019 Filing 11 Chief Judge Patti B. Saris: ELECTRONIC ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice Added Gemma Seidita. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie)
January 3, 2019 Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of Gemma Seidita Filing fee: $ 100, receipt number 0101-7477097 by Cristian Diaz Ortiz. (Attachments: #1 Affidavit)(Scordino, Ellen)
December 26, 2018 Filing 9 ELECTRONIC NOTICE of Status Hearing..... Status Hearing set for 1/9/2019 09:30 AM in Courtroom 19 before Chief Judge Patti B. Saris. (Molloy, Maryellen)
December 19, 2018 Filing 8 Chief Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. (PSSA 5)
December 19, 2018 Filing 7 Chief Judge Patti B. Saris: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. re #1 Petition for Writ of Habeas Corpus (2241), filed by Cristian Diaz Ortiz (adminn, )
December 19, 2018 Filing 6 ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. (adminn, )
December 18, 2018 Filing 5 AFFIDAVIT in Support re #1 Petition for Writ of Habeas Corpus (2241), Affidavit of Thomas Nolan, EdD, In Support of the Application for Asylum, Withholding, and Relief Under the Convention Against Torture For Cristian Josue Diaz Ortiz. (Scordino, Ellen)
December 18, 2018 Filing 4 DECLARATION re #1 Petition for Writ of Habeas Corpus (2241), Declaration of Cristian Josue Diaz Ortiz in Support of Motion Requesting Release on Conditional Parole, or, in the Alternative, Bond by Cristian Diaz Ortiz. (Scordino, Ellen)
December 18, 2018 Filing 3 DECLARATION re #1 Petition for Writ of Habeas Corpus (2241), Declaration of Ellen Scordino in Support of Petition for Habeas Corpus by Cristian Diaz Ortiz. (Attachments: #1 Exhibit Memorandum Concerning the October 22, 2018, #2 Exhibit SIJ Petition Process USCIS, #3 Exhibit I-589 Application as-filed, #4 Exhibit Notice to Appear, #5 Exhibit I-797 Notice of Action, #6 Exhibit Cristians Receipt Notice for I- 360 Special Immigrant Juvenile Status Application, notice date March 21, 2018, #7 Exhibit School and District Profiles, #8 Exhibit Cristians Notice for I-213, Record of Deportable-Inadmissible Alien, dated August 21, 2018, #9 Exhibit Department of Homeland Security Gang Packet, #10 Exhibit Complaint filed in American Civil Liberties Union of Mass. v. Boston Police Dept, #11 Exhibit Order for Hearing on December 4, 2018, dated October 22, 2018, #12 Exhibit Cristians Notice of Appeal, filed October 25, 2018, #13 Exhibit Alternatives to Detention, #14 Exhibit Letter from Rigoberto Velez, dated September 28, 2018, #15 Exhibit Cristians Office of Refugee Resettlement Verification of Release, dated August 14, 2015, #16 Exhibit Decree Special Findings and Fact and Rulings of Law, dated February 5, 2018, #17 Exhibit Order of the Immigration Judge with Respect to Custody, dated November 11, 2018, #18 Exhibit Memorandum in Support of Motion Requesting Release on Conditional Parole, or, In the Alternative on Bond)(Scordino, Ellen)
December 18, 2018 Filing 2 MEMORANDUM OF LAW by Cristian Diaz Ortiz in Support re #1 Petition for Writ of Habeas Corpus (2241),. (Scordino, Ellen)
December 18, 2018 Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-7461008 Fee status: Filing Fee paid., filed by Cristian Diaz Ortiz. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Exhibit List)(Scordino, Ellen)

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Respondent: Todd Lyons
Represented By: Rayford A. Farquhar
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Respondent: Yolanda Smith
Represented By: Rayford A. Farquhar
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Respondent: Steven Tompkins
Represented By: Rayford A. Farquhar
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Petitioner: Cristian Diaz Ortiz
Represented By: Ellen A. Scordino
Represented By: Gemma Seidita
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