Perez v. Lyons et al
Plaintiff: Harlen Francisco Perez
Defendant: Sheriff Thomas M. Hodgson, Acting Director Todd Lyons and Superintendent Steven J. Souza
Case Number: 1:2020cv10414
Filed: February 28, 2020
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 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2020 Filing 26 Judge Patti B. Saris: MEMORANDUM AND ORDER entered.The petition for a writ of habeas corpus (Docket No. 1) is ALLOWED. Respondent's motion to dismiss (Docket No. #23 ) is DENIED. The Court ORDERS that Petitioner receive, within ten calendar days, a bond hearing that complies with the requirements of the permanent injunction in Reid v. Donelan, 390 F. Supp. 3d 201, 228 (D. Mass. 2019).SO ORDERED. (Lara, Miguel)
March 26, 2020 Filing 25 Opposition re #23 MOTION to Dismiss and Reply on #1 Petition filed by Harlen Francisco Perez. (Attachments: #1 Exhibit A, #2 Hauptman Declaration)(Wishnie, Michael)
March 20, 2020 Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss filed by Steven J. Souza. (Attachments: #1 Exhibit)(Sady, Michael)
March 20, 2020 Filing 23 MOTION to Dismiss by Steven J. Souza.(Sady, Michael)
March 20, 2020 Filing 22 Judge Patti B. Saris: ELECTRONIC ORDER entered denying #20 Emergency Motion Motion for Order to Show Cause. (Lara, Miguel)
March 20, 2020 Filing 21 MEMORANDUM in Support re #20 MOTION for Order to to Show Cause filed by Harlen Francisco Perez. (Attachments: #1 Declaration of Harlen Perez, #2 Declaration of Gregg Gonsalves, #3 Declaration of Angie Liao, #4 Exhibit A, Order in 15-cr-95-AJN (S.D.N.Y.))(Wishnie, Michael)
March 20, 2020 Filing 20 EMERGENCY MOTION for Order to to Show Cause by Harlen Francisco Perez. (Attachments: #1 L.R. 7.1 Certification)(Wishnie, Michael) Modified on 3/20/2020 (Jones, Sherry).
March 20, 2020 Filing 19 Judge Patti B. Saris: ELECTRONIC ORDER entered re #16 Motion for Leave to File Law Student Appearances. The Court ALLOWS IN PART and DENIES IN PART the Motion for Leave to Appear as Law Students (Dkt. No. #16 ). The Motion is ALLOWED as to Ms. Hauptman and DENIED as to Ms. Liao and Ms. Kimmey. (Lara, Miguel)
March 19, 2020 Filing 18 Notice of correction to docket made by Court staff. Correction: Dkt. No. 16 corrected because: Memorandum of Law must be filed as a separate document. Counsel is reminded to review local rules and the attorney handbook when filing documents with the Court. (Lara, Miguel)
March 18, 2020 Filing 17 MEMORANDUM in Support re #16 MOTION for Leave to File Law Student Appearances filed by Harlen Francisco Perez. (Lara, Miguel)
March 18, 2020 Filing 16 MOTION for Leave to File Law Student Appearances by Harlen Francisco Perez. (Attachments: #2 Law Student Certification for Megan Hauptman, #3 Law Student Certification for Clarissa Kimmey, #4 Law Student Certification for Angie Liao, #5 Declaration of Megan Hauptman, #6 Declaration of Clarissa Kimmey, #7 Declaration of Angie Liao, #8 L.R. 7.1 Certification)(Wishnie, Michael) Modified on 3/19/2020, refer to notice of correction dated 3/19/20. (Lara, Miguel).
March 12, 2020 Filing 15 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #12 MOTION for Leave for Reena Parikh to Appear as Supervising Attorney. (Lara, Miguel)
March 12, 2020 Filing 14 NOTICE of Appearance by Michael P. Sady on behalf of Steven J. Souza (Sady, Michael)
March 6, 2020 Filing 13 MEMORANDUM in Support re #12 MOTION for Leave for Reena Parikh to Appear as Supervising Attorney filed by Harlen Francisco Perez. (Attachments: #1 Declaration of Reena Parikh)(Parikh, Reena)
March 6, 2020 Filing 12 MOTION for Leave for Reena Parikh to Appear as Supervising Attorney by Harlen Francisco Perez.(Parikh, Reena)
March 6, 2020 Filing 11 Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. 1.Steven J. Souza, the Superintendent of the Bristol County House of Correction, shall be deemed 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 respondents are dismissed from this action without prejudice. 2.The Clerk shall serve a copy of the petition on the Respondent and the United States Attorney for the District of Massachusetts. 3.The Respondent shall, within 14 days of the entry of this Order, show cause why the petition should not be granted. Petitioner shall file a reply brief within 7 days of the filing of Respondents brief. 4.In order to give the Court time to consider the matter, unless otherwise ordered by the Court, the Respondent shall provide the Court with at least 48 hours advance notice of any scheduled removal of the Petitioner, and any scheduled transfer of the Petitioner out of the jurisdiction.(PSSA, 4)
March 3, 2020 Filing 10 NOTICE of Appearance by Reena Parikh on behalf of Harlen Francisco Perez (Parikh, Reena)
March 3, 2020 Filing 9 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Reena Parikh. 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. (Lara, Miguel)
March 2, 2020 Filing 8 EXHIBIT re #1 Petition for Writ of Habeas Corpus (2241) Category Form by Harlen Francisco Perez. (Wishnie, Michael)
March 2, 2020 Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Reena Parikh Filing fee: $ 100, receipt number 0101-8135831 by Harlen Francisco Perez. (Attachments: #1 Affidavit of Reena Parikh)(Wishnie, Michael)
March 2, 2020 Filing 6 Judge Patti B. Saris: ORDER entered. STANDING ORDER on 2241 petitions regarding detention and removal of the Petitioner from the District of Massachusetts. (Currie, Haley)
March 2, 2020 Opinion or Order Filing 5 General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley)
March 2, 2020 Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris 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 M. Page Kelley. (Finn, Mary)
February 29, 2020 Filing 3 NOTICE of Appearance by Kerry E. Doyle on behalf of Harlen Francisco Perez (Doyle, Kerry)
February 28, 2020 Filing 2 First MOTION for Order to Show Cause by Harlen Francisco Perez.(Wishnie, Michael)
February 28, 2020 Filing 1 First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8133391 Fee status: Filing Fee paid., filed by Harlen Francisco Perez. (Attachments: #1 Civil Cover Sheet)(Wishnie, Michael)

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Defendant: Sheriff Thomas M. Hodgson
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Defendant: Acting Director Todd Lyons
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Defendant: Superintendent Steven J. Souza
Represented By: Michael P. Sady
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Plaintiff: Harlen Francisco Perez
Represented By: Michael J. Wishnie
Represented By: Kerry E. Doyle
Represented By: Reena Parikh
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