Borges Dias v. Souza
| Amiry Carlos Borges Dias |
| Acting Director Marcos Charles, Superintendent Steven J. Souza and Thomas M. Hodgson |
| 1:2020cv11513 |
| August 12, 2020 |
| US District Court for the District of Massachusetts |
| Leo T Sorokin |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 13 STATUS REPORT by Steven J. Souza. (Kanwit, Thomas) (Additional attachment(s) added on 10/9/2020: #1 Declaration of J. Scott) (Montes, Mariliz). |
| Filing 12 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On September 4, 2020, the respondent moved to dismiss this habeas petition, urging that the petitioner's removal to Cape Verde was scheduled for the week of September 28, 2020 and, thus, would occur in the reasonably foreseeable future. Doc. No. 6. The petitioner opposed the motion. Doc. No. 8. On September 24, 2020, the Court ordered the respondent to file a status report confirming the petitioner's removal or notifying the Court of the cancellation or rescheduling of the anticipated removal. Doc. No. 9. On September 30, 2020, the respondent notified the Court that the flight to Cape Verde had been cancelled, and that no travel documents had yet issued for the petitioner. Doc. No. 11. Nevertheless, the respondent's submission reflects that immigration officials believe that [COVID-related] restrictions on travel will continue to ease and that Petitioner's removal from the United States is significantly likely in the reasonably foreseeable future, though no date is provided for any future flight to Cape Verde. Doc. No. 11-1. In light of the foregoing, the respondent is hereby ORDERED to supplement his motion to dismiss and related notice with a submission identifying: 1) the number of non-citizens the government has successfully removed to Cape Verde since March 1, 2020, if any, including the dates on which such removals occurred; 2) whether the airport(s) in Cape Verde are presently open to commercial flights from the United States; and 3) any other facts upon which the respondent relies in advancing his belief that the airports will reopen and removals will resume in the reasonably foreseeable future. The respondent shall make this submission by Friday, October 9, 2020.( Status Report due by 10/9/2020)(Montes, Mariliz) |
| Filing 11 STATUS REPORT by Steven J. Souza. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kanwit, Thomas) |
| Filing 10 STATUS REPORT by Amiry Carlos Borges Dias. (Pomerleau, Todd) |
| Filing 9 District Judge Leo T. Sorokin.ELECTRONIC ORDER entered. The respondent shall file a report in which he states the status of efforts to remove the petitioner. The report shall be filed on the earliest of: 1) the date on which the respondent learns that the petitioners removal will not proceed as presently scheduled, whether due to cancellation or rescheduling of the presently scheduled flight or the failure or inability to obtain the necessary travel document; or 2) Monday, October 5, 2020. The Court holds the motion to dismiss under advisement pending its review of this status report.( Status Report due by 10/5/2020)(Simeone, Maria) |
| Filing 8 Opposition re #6 MOTION to Dismiss Petitioner's Petition for Writ of Habeas Corpus filed by Amiry Carlos Borges Dias. (Pomerleau, Todd) |
| Filing 7 District Judge Leo T. Sorokin: ORDER entered: Please see attached Order. Set Deadlines as to #6 MOTION to Dismiss. Response due by 9/23/2020. (Vieira, Leonardo) |
| Filing 6 Motion to Dismiss Petition for Writ of Habeas Corpus by Steven J. Souza. (Attachments: #1 Exhibit A Declaration)(Kanwit, Thomas) Modified on 9/9/2020 to fix docket text and event type (Vieira, Leonardo). |
| Filing 5 NOTICE of Appearance by Thomas E. Kanwit on behalf of Steven J. Souza (Kanwit, Thomas) |
| Filing 4 District Judge Leo T. Sorokin: ORDER entered. SERVICE ORDER re 2241 Petition. 1.Steven J. Souza, Superintendent of the Bristol County House of Correction and Jail, 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). The other respondents are dismissed from this action without prejudice.2.The Clerk shall serve the petition on the Respondent and the United States Attorney for the District of Massachusetts. 3.Within 21 days of the entry of this Order, Respondent shall file an answer or other responsive pleading. 4.In order 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 48hour 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) |
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)
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| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (Finn, Mary) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8372878 Fee status: Filing Fee paid., filed by Amiry Carlos Borges Dias. (Attachments: #1 Supplement Category Form, #2 Supplement Supporting Evidence, #3 Civil Cover Sheet Civil Cover Sheet, #4 Supplement Entry of Appearance, #5 Supplement Entry of Appearance)(Rubin, Jeffrey) |
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