Baah v. Moniz et al
| Emmanuel Baah |
| Joseph D. McDonald, Jr., Marcos Charles and Antone Moniz |
| 1:2019cv12426 |
| November 27, 2019 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 15 Judge Indira Talwani: ELECTRONIC ORDER entered. On November 26, 2019, Petitioner Emmanuel Baah filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 #1 seeking his release from U.S. Immigration and Customs Enforcement ("ICE") custody. On December 3, 2019, Respondent filed a Notice of Intent to Transfer for Removal #7 stating that the United States Department of Homeland Security intended to transfer Petitioner out of the District of Massachusetts and had scheduled the removal of Petitioner to his home country during the week of December 8, 2019. The court directed Petitioner to provide the court with his authority for the court's jurisdiction over the Petition in light of the Notice of Intent to Transfer. Petitioner filed a statement concerning the court's jurisdiction, see Petitioner's Statement in Compliance with Court Order #11 , and the government filed its Opposition #12 to the habeas petition. Following an expedited hearing on December 6, 2019, the court received notice that Petitioner had filed a motion to reopen with the Boston Immigration court, and that ICE had cancelled Petitioners scheduled removal. In light of the changed circumstances, the issues before the court regarding Petitioner's detention appear to be in flux. Accordingly, the court will hold the Petition #1 in abeyance until further filings are made seeking court action. The court's order requiring 48 hours notice of removal out of the District remains in effect. IT IS SO ORDERED. (MacDonald, Gail) |
| Filing 13 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Hearing re on Petition held on 12/6/2019. Case called. Court heard argument from counsel. Petition taken under advisement. ICE directed to hold Baah until Order issues. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Rubin, Pomerleau, Johnson, Sauter) (MacDonald, Gail) |
| Filing 12 Memorandum Opposing Petition ANSWER to Complaint by Antone Moniz. (Attachments: #1 Affidavit)(Johnson, Anita) |
| Filing 11 Notice of Supplemental Authorities re #1 First MOTION for Writ of Habeas Corpus ad prosequendum in Compliance with Court Order Entered on December 4, 2019 (D.E. 10) filed by Emmanuel Baah. (Rubin, Jeffrey) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER: Petitioner shall provide the court by 6:00 p.m. on December 5, 2019, with any authority for the courts jurisdiction over the pending habeas petition in light of Respondents Notice of Intent to transfer [#7]. (MacDonald, Gail) |
| Filing 9 Writ of Habeas Corpus Issued as to Emmanuel Baah for 12/6/19. (MacDonald, Gail) |
| Filing 8 ELECTRONIC NOTICE of Hearing :Hearing set for 12/6/2019 10:00 AM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 7 NOTICE by Antone Moniz of Intent to Transfer (Johnson, Anita) |
| Filing 6 NOTICE of Appearance by Anita Johnson on behalf of Antone Moniz (Johnson, Anita) |
| Filing 5 Judge Indira Talwani: ORDER entered. SERVICE ORDER. 1.Antone Moniz, Superintendent of the Plymouth County Correctional Facility, shall be the sole respondent in this action. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) (immediate custodian of petitioner is proper respondent in habeas action); Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000) (same, as applied to immigration detainee). The other persons identified as respondents shall be terminated as parties to this action. 2.The Clerk of this Court shall serve a copy of the petition upon Antone Moniz, Superintendent of the Plymouth County Correctional Facility and the United States Attorney for the District of Massachusetts.3.The Respondent shall, within 21 days of the date of this order, respond to the petition.(PSSA, 4) |
| Filing 4 Remark - On 11/28/2019, service of the Petition and standing Order effected in the following manner: (1) electronic copy emailed to US Attorney's Office (Souris, Farquhar, Johnson). (Garvin, Brendan). |
| Filing 3 Judge Indira Talwani: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (Kelly, Danielle) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Donald L. Cabell. (Finn, Mary) |
| Filing 1 Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 by Emmanuel Baah. (Attachments: #1 Civil Cover Sheet, #2 Supplement Category Form, #3 Supplement List of Respondents)(Rubin, Jeffrey) Modified on 11/27/2019: Docket text adjusted to reflect proper filing. (Kelly, Danielle). Modified on 11/29/2019: Civil Cover Sheet replaced due to not being signed (Kelly, Danielle). |
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