Campbell et al v. Moniz
Plaintiff: Carlos Silva, James Tanui Kiptanui, Staford Campbell, Anna Smorodska and Jermaine Robinson
Defendant: Christopher Brackett and Antone Moniz
Case Number: 1:2020cv10697
Filed: April 8, 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. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2020 Filing 35 Judge Patti B. Saris: ORDER DISMISSING CASE entered. (Lara, Miguel)
May 5, 2020 Filing 34 Judge Patti B. Saris: MEMORANDUM AND ORDER entered.Petitioners' mandatory detention under 8 U.S.C. 1226(c) has not been unreasonably prolonged at this time. The petition for a writ of habeas corpus (Docket No. 1) is accordingly DENIED as to Staford Campbell, Jermaine Robinson, and Carlos Silva without prejudice to refiling should Petitioners' detention become unreasonably prolonged.SO ORDERED.(Lara, Miguel)
May 4, 2020 Filing 33 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #31 Motion to Seal. (Lara, Miguel)
May 1, 2020 Filing 31 MOTION to Seal by Staford Campbell, Jermaine Robinson, Carlos Silva.(Wishnie, Michael) (Additional attachment(s) added on 5/4/2020: #1 Declaration of Michael Tayag) (Lara, Miguel).
April 25, 2020 Filing 30 EXHIBIT re #29 Memorandum in Opposition to Motion 4 exhibits by Antone Moniz. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Johnson, Anita)
April 24, 2020 Filing 29 MEMORANDUM in Opposition re #1 Petition for Writ of Habeas Corpus (2241), filed by Antone Moniz. (Attachments: #1 Affidavit)(Johnson, Anita) Modified on 5/4/2020 (Lara, Miguel). (Additional attachment(s) added on 5/4/2020: #2 Redacted Main Document) (Lara, Miguel). (Additional attachment(s) added on 5/4/2020: #3 Redacted Declaration) (Lara, Miguel).
April 23, 2020 Filing 28 Judge Patti B. Saris: MEMORANDUM AND ORDER entered.The petition for a writ of habeas corpus [Docket No. #1 ] is ALLOWED as to Petitioner Kiptanui. The Court ORDERS that Kiptanui receive, within seven 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)
April 22, 2020 Filing 27 Response by James Tanui Kiptanui to #23 Opposition to Motion, . (Attachments: #1 Exhibit Declaration of James Kiptanui, #2 Exhibit Declaration of Frederick Altice, #3 Exhibit Declaration of Gregg Gonsalves, #4 Exhibit Declaration of Jaimie Meyer, #5 Exhibit Declaration of Matthew Gartland, #6 Exhibit Declaration of Allen Keller)(Wishnie, Michael)
April 21, 2020 Filing 26 Judge Patti B. Saris: ELECTRONIC ORDER entered. Respondent's motion for an extension of time in which to file a response to Petitioners' habeas corpus petition (Dkt. #24 ) is ALLOWED IN PART. Respondent shall file a response as to Petitioners Staford Campbell, Jermaine Robinson, and Carlos Silva on or before April 24, 2020. (Lara, Miguel)
April 20, 2020 Filing 25 Opposition re #24 MOTION for Extension of Time to 4/27/2020 to File Answer filed by Staford Campbell, Jermaine Robinson, Carlos Silva. (Wishnie, Michael)
April 20, 2020 Filing 24 MOTION for Extension of Time to 4/27/2020 to File Answer by Antone Moniz.(Johnson, Anita)
April 17, 2020 Filing 23 Opposition re #1 Petition for Writ of Habeas Corpus (2241), filed by Antone Moniz. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit, #4 Affidavit, #5 Affidavit)(Johnson, Anita) Modified on 4/17/2020 to correct linkage (Lara, Miguel).
April 16, 2020 Filing 22 NOTICE of Appearance by Marisol Orihuela on behalf of James Tanui Kiptanui, Jermaine Robinson, Carlos Silva (Orihuela, Marisol)
April 16, 2020 Filing 21 NOTICE of Appearance by Marisol Orihuela on behalf of Staford Campbell (Orihuela, Marisol)
April 15, 2020 Filing 20 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Marisol Orihuela. 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)
April 15, 2020 Filing 19 Judge Patti B. Saris: ELECTRONIC ORDER entered withdrawing #7 Motion to Seal Document. (Lara, Miguel)
April 14, 2020 Filing 18 Judge Patti B. Saris: ELECTRONIC ORDER entered re 9 Sealed Motion to Seal #1 Petition. Allowed. Docket No. #1 shall be restricted in the post-impoundment period to all parties, except those listed as case participants in the above-referenced action. (Lara, Miguel)
April 14, 2020 Filing 17 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #13 Motion for Leave to File Law Student Appearances. ALLOWED as to Julia Geiger, Megan Hauptman, Kshithij Shrinath, and Ramis Wadood and DENIED as to Medha Swaminathan. (Lara, Miguel)
April 14, 2020 Filing 16 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #12 Motion for Leave to File Law Student Appearances. (Lara, Miguel)
April 14, 2020 Filing 15 RESPONSE TO COURT ORDER by Christopher Brackett . (Johnson, Anita)
April 14, 2020 Filing 14 MEMORANDUM in Support re #13 MOTION for Leave to File Law Student Appearances filed by Staford Campbell, James Tanui Kiptanui, Jermaine Robinson, Carlos Silva. (Attachments: #1 Law Student Certifications, #2 Law Student Declarations)(Wishnie, Michael)
April 14, 2020 Filing 13 MOTION for Leave to File Law Student Appearances by Staford Campbell, James Tanui Kiptanui, Jermaine Robinson, Carlos Silva. (Attachments: #1 L.R. 7.1 Certification, #2 Law Student Certifications, #3 Law Student Declarations)(Wishnie, Michael)
April 14, 2020 Filing 12 MOTION for Leave to File Law Student Appearances by Staford Campbell, James Tanui Kiptanui, Jermaine Robinson, Carlos Silva. (Attachments: #1 L.R. 7.1 Certification, #2 Law Student Certification for Michael Tayag)(Wishnie, Michael)
April 13, 2020 Filing 11 NOTICE of Appearance by Anita Johnson on behalf of Antone Moniz (Johnson, Anita)
April 10, 2020 Filing 10 NOTICE by Staford Campbell, James Tanui Kiptanui, Jermaine Robinson, Carlos Silva re #7 MOTION to Seal Document #1 Petition for Writ of Habeas Corpus (2241), Notice of Withdrawal of Motion to Seal (Wishnie, Michael)
April 10, 2020 Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Marisol Orihuela Filing fee: $ 100, receipt number 0101-8192915 by Staford Campbell. (Attachments: #1 Affidavit)(Wishnie, Michael)
April 10, 2020 Filing 7 MOTION to Seal Document #1 Petition for Writ of Habeas Corpus (2241), by Staford Campbell, James Tanui Kiptanui, Jermaine Robinson, Carlos Silva. (Attachments: #1 Declaration of Michael Tayag, #2 Text of Proposed Order)(Wishnie, Michael)
April 9, 2020 Filing 6 Judge Patti B. Saris: SERVICE AND PROCEDURAL ORDER entered. 1. The Clerk shall serve a copy of the petition on the Respondent and the United States Attorney for the District of Massachusetts. 2. Respondent shall, by Tuesday, April 14, 2020 at 5 pm, inform the Court whether it opposes the release of Petitioners on bail pending the Court's review of the merits of Petitioners' Reid petitions pursuant to the Court's inherent authority to release a habeas petitioner in the case of "a health emergency." See Woodcock v. Donnelly, 470 F.2d 93, 94 (1st Cir. 1972) (per curiam); Mapp v. Reno, 241 F.3d 221, 223 (2d Cir. 2001). If Respondent opposes bail, Respondent should provide its grounds including, as to each Petitioner, if the Petitioner has a violent criminal record and if the Respondent disputes that the Petitioner has a preexisting medical condition that renders him particularly vulnerable to the COVID-19 virus. 3. Respondent shall, within 7 days of the entry of this Order, file an answer or other responsive pleading on the merits of Petitioner James Tanui Kiptanu's Reid petition. Petitioner shall file a reply brief within 7 days of the filing of Respondents brief. 4. Respondent shall, within 14 days of the entry of this Order, file an answer or other responsive pleading on the merits of the Reid petitions of Petitioners Staford Campbell, Jermaine Robinson and Carlos Silva. Petitioners shall file a reply brief within 7 days of the filing of Respondent's brief. 5. 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.SO ORDERED.(Lara, Miguel)
April 9, 2020 Filing 5 Judge Patti B. Saris: ORDER OF SEVER AND TRANSFER entered. The Court SEVERS Smorodska's petition from the 20-cv-10697 habeas corpus action and TRANSFERS her petition for habeas corpus to the United States District Court for the District of New Hampshire. The Court orders that the Petitioner not be removed from New Hampshire until the court in New Hampshire has a reasonable opportunity to rule on the petition. Unless otherwise ordered by the District of New Hampshire, Respondent shall, within 7 days of the entry of this Order, file an answer or other responsive pleading. Petitioner shall file a reply brief within 7 days of the filing of Respondents brief. Additionally, Respondent shall, by Tuesday, April 14, 2020 at 5 pm, inform the Court whether it opposes the release of Petitioner on bail pending the Court's review of the merits of Petitioners Reid petition." SO ORDERED.(Lara, Miguel)
April 9, 2020 Filing 4 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)
April 9, 2020 Opinion or Order Filing 3 General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (McDonagh, Christina)
April 9, 2020 Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. (Finn, Mary)
April 8, 2020 Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8189237 Fee status: Filing Fee paid., filed by Staford Campbell. (Attachments: #1 Civil Cover Sheet, #2 Civil Category Sheet, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Wishnie, Michael)

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Plaintiff: Carlos Silva
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Plaintiff: James Tanui Kiptanui
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Plaintiff: Staford Campbell
Represented By: Michael J. Wishnie
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Plaintiff: Anna Smorodska
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Plaintiff: Jermaine Robinson
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Defendant: Christopher Brackett
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Defendant: Antone Moniz
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