Sampaio v. Smith et al
| Norma Sampaio |
| Kirstjen Nielson, Matthew Whitaker and Yolanda Smith |
| 1:2019cv10024 |
| January 4, 2019 |
| US District Court for the District of Massachusetts |
| Rya W Zobel |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 11 Judge Rya W. Zobel: ENDORSED ORDER entered granting #10 Motion to Dismiss (Urso, Lisa) |
| Filing 10 Joint MOTION to Dismiss Petition by Yolanda Smith.(Kanwit, Thomas) |
| Filing 9 ELECTRONIC NOTICE of Hearing.Hearing set for 1/15/2019 09:30 AM in Courtroom 12 before Judge Rya W. Zobel. (Urso, Lisa) |
| Filing 8 NOTICE of Appearance by Thomas E. Kanwit on behalf of Yolanda Smith (Kanwit, Thomas) |
| Filing 7 Letter for the First Circuit Court of Appeals (18-2162). Case Transferred to the District of Massachusetts. (Paine, Matthew) |
| Filing 6 Remark. Copy of Petition #1 and Order #5 emailed to US Attorney's Office on 1/7/2019 (Farquhar, R. & Martin, K.) and receipt acknowledged. Paper copy of the same left in Clerk's office for pick-up by US Attorney's Office (per usual business practice) and mailed to Respondent Smith. (PSSA, 3) |
| Filing 5 Judge Rya W. Zobel: ORDER entered. SERVICE ORDER re 2241 Petition. Yolanda Smith, Superintendent of the Suffolk County House of Correction and Petitioner's immediate custodian, shall be substituted as the sole respondent. The Clerk of this Court shall serve a copy of this Order and the Petition upon (i) Superintendent Smith; and (ii) the United States Attorney for the District of Massachusetts. Respondent shall, no later than Monday, January 14, 2019, show good cause why the Petition should not be granted. In order to give the Court time to consider the matter, unless otherwise ordered by the Court, Petitioner shall not be moved outside the District of Massachusetts pending the adjudication of this action. (PSSA, 3) |
| Filing 4 JUDGMENT of the USCA as to Norma Sampaio (18-2162): Petitioner Norma Sampaio has filed a petition for review of an expedited removal order entered pursuant to 8 U.S.C. 1225(b)(1), along with a motion for stay of removal. The government opposes the stay and also has moved for dismissal, citing Pena v. Lynch, 815 F.3d 452, 457 (9th Cir. 2016). Pursuant to 28 U.S.C. 1631 and 8 U.S.C. 1252(e)(2), the petition and the stay motion are transferred to the District Court for the District of Massachusetts. We leave it to the district court to determine in the first instance whether and to what extent it may exercise habeas jurisdiction over the matter and to resolve promptly the request for stay of removal. Further, we express no opinion as to the merits of petitioner's challenge(s). (Paine, Matthew) (Additional attachment(s) added on 1/7/2019: #1 USCA Record, Petition, and Motion) (Paine, Matthew). |
| Filing 3 Judge Rya W. Zobel: 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 Norma Sampaio (Danieli, Chris) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Rya W. Zobel assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli, Chris) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Norma Sampaio. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Danieli, Chris) |
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