Rocha v. Moniz
Petitioner: Christian A Rocha
Respondent: Acting Secretary Chad Wolf, Superintendent Antone Moniz, Acting FOD Marcos Charles and US Attorney General William Barr
Case Number: 1:2019cv12460
Filed: December 5, 2019
Court: US District Court for the District of Massachusetts
Presiding Judge: Nathaniel M Gorton
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2020 Filing 18 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #17 Motion for Extension of Time to File Response/Reply re #13 MOTION to Dismiss Habeas Petition as Moot Response due by 2/21/2020 (Vieira, Leonardo)
January 27, 2020 Filing 17 Assented to MOTION for Extension of Time to 2/21/2020 to File Response/Reply as to #13 MOTION to Dismiss Habeas Petition as Moot by Christian A Rocha.(Kim, SangYeob)
January 8, 2020 Filing 16 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered: ALLOWING #15 Motion for Extension of Time to File Response/Reply re #15 Assented to MOTION for Extension of Time to 02/03/2020 to File Response/Reply as to #13 MOTION to Dismiss Habeas Petition as Moot Response due by 2/3/2020 (Vieira, Leonardo)
January 7, 2020 Filing 15 Assented to MOTION for Extension of Time to 02/03/2020 to File Response/Reply as to #13 MOTION to Dismiss Habeas Petition as Moot by Christian A Rocha.(Kim, SangYeob)
December 31, 2019 Filing 14 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered ALLOWING #2 Motion for Leave to Appear Pro Hac Vice Added SangYeob Kim. 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. (Vieira, Leonardo)
December 30, 2019 Filing 13 MOTION to Dismiss Habeas Petition as Moot by Antone Moniz. (Attachments: #1 Affidavit)(Weida, Jason)
December 13, 2019 Filing 12 NOTICE of Appearance by Jason C. Weida on behalf of Antone Moniz (Weida, Jason)
December 10, 2019 Filing 11 NOTICE by Christian A Rocha re 10 Order, #2 MOTION for Leave to Appear Pro Hac Vice for admission of SangYeob Kim Filing fee: $ 100, receipt number 0101-7999402 of Attorney Affidavit (Attachments: #1 Affidavit)(Bissonnette, Gilles)
December 9, 2019 Filing 10 Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered deferring a ruling on #2 Motion for Leave to Appear Pro Hac Vice for admission of Sang Yeob Kim filed by Gilles R. Bissonnette. No action shall be taken on the motion until attorney Kim files a certificate that he has read and agrees to comply with the Local Rules of the United States District Court for the District of Massachusetts. See L.R. 83.5.3(e)(3)(D).(PSSA, 4)
December 9, 2019 Filing 9 Judge Nathaniel M. Gorton: ORDER entered. SERVICE ORDER re 2241 Petition. 1.Superintendent Antone Moniz shall be the sole respondent. 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). 2.The Clerk of this Court shall serve a copy of the petition upon Superintendent Moniz and the United States Attorney for the District of Massachusetts. 3.The respondent shall, no later than Monday, December 30, 2019, file a response to the petition. 4.To give the Court time to consider the matter, unless otherwise ordered by the Court, the petitioner shall not be moved outside the District of Massachusetts without providing the Court 48 hours advance notice of the move and the reason therefor. Any such 48-hour notice period shall commence at the date and time such notice is filed and expire 48 hours later, except [i]f the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday. Fed. R. Civ. P. 6(a)(2)(C). (PSSA, 4)
December 5, 2019 Filing 8 ELECTRONIC NOTICE of Reassignment. Judge Nathaniel M. Gorton added. Chief Judge Patti B. Saris no longer assigned to case. (Finn, Mary)
December 5, 2019 Filing 7 Chief Judge Patti B. Saris: ORDER entered.Pursuant to L.R. 40.1(g)(1) and (4), I find that this case is not related to 13-cv-30125-PBS and therefore was erroneously assigned to me. The case is returned to the Clerk for random reassignment.(Lara, Miguel)
December 5, 2019 Opinion or Order Filing 6 General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Lara, Miguel)
December 5, 2019 Filing 5 Chief Judge Patti B. Saris: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (Lara, Miguel)
December 5, 2019 Filing 4 ELECTRONIC NOTICE of Case Assignment. 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 M. Page Kelley. (Finn, Mary)
December 5, 2019 Filing 3 ELECTRONIC NOTICE of Case Assignment. Chief Judge Patti B. Saris assigned to case. (Finn, Mary)
December 5, 2019 Filing 2 MOTION for Leave to Appear Pro Hac Vice for admission of SangYeob Kim Filing fee: $ 100, receipt number 0101-7999402 by Christian A Rocha. (Attachments: #1 Affidavit 1_Declaration of Attorney SangYeob Kim)(Bissonnette, Gilles)
December 5, 2019 Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-7999371 Fee status: Filing Fee paid., filed by Christian A Rocha. (Attachments: #1 Exhibit Table of Exhibits, #2 Exhibit 1_Alien Registration and LPR, #3 Exhibit 2_Convictions, #4 Exhibit 3_Release from Criminal Custody & Last Criminal Case, #5 Exhibit 4_Bond Motion Packet, #6 Exhibit 5_First Notice to Appear, #7 Exhibit 6_Hearing Notice - 12.27.18, #8 Exhibit 7_Hearing Notice - 1.3.19, #9 Exhibit 8_Hearing Notice - 1.10.19, #10 Exhibit 9_First Written Pleading, #11 Exhibit 10_Hearing Notice - 1.24.19, #12 Exhibit 11_Motion to Terminate, #13 Exhibit 12_IJ's Termination Order, #14 Exhibit 13_Second Notice to Appear, #15 Exhibit 14_Hearing Notice - 3.14.19, #16 Exhibit 15_Second Written Pleading, #17 Exhibit 16_Hearing Notice - 3.28.19, #18 Exhibit 17_Bond - No Action, #19 Exhibit 18_Bond - No Jurisdiction, #20 Exhibit 19_Hearing Notice - 4.4.19, #21 Exhibit 20_Affidavit of Attorney, #22 Exhibit 21_IJ's Decision, #23 Exhibit 22_P's Emergency Motion to Continue, #24 Exhibit 23_BIA Appeal Receipt Notices, #25 Exhibit 24_BIA Appeal Brief, #26 Exhibit 25_Plymouth Superior Court Post Conviction Relief, #27 Exhibit 26_Norfolk Superior Court Post Conviction Relief, #28 Exhibit 27_DNH Order - Dismissing MTD, #29 Exhibit 28_DNH Order - Denying Habeas, #30 Exhibit 29_Notice of Transfer, #31 Civil Cover Sheet, #32 Civil Cover Sheet)(Bissonnette, Gilles)

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Petitioner: Christian A Rocha
Represented By: Gilles R. Bissonnette
Represented By: SangYeob Kim
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Respondent: Acting Secretary Chad Wolf
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Respondent: Superintendent Antone Moniz
Represented By: Jason C. Weida
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Respondent: Acting FOD Marcos Charles
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Respondent: US Attorney General William Barr
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