Liu v. Moniz
| Huaien Liu |
| Joseph D. McDonald, Jr. and Antone Moniz |
| 1:2020cv11519 |
| August 13, 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 18 District Judge Leo T. Sorokin: ORDER entered. CLOSING ORDER DISMISSING CASE(Montes, Mariliz) |
| Filing 17 District Judge Leo T. Sorokin: ORDER entered. ORDER ON HABEAS PETITION (DOC. NO. 1)AND MOTION TO DISMISS (DOC. NO. 8).The motion to dismiss (Doc. No. 8) is DENIED, and Liu's petition (Doc.No. 1) is ALLOWED. ICE shall RELEASE Liu from detention by 12:00 PM tomorrow, October 2, 2020, subject to whatever reasonable conditions of supervision it deems necessary to ensure his availability for and cooperation with continued efforts to effectuate his removal. a copy of this Order has been mailed to the Petitioner. (Montes, Mariliz) |
| Filing 16 STATUS REPORT (third) by Antone Moniz. (Attachments: #1 Affidavit)(Poswistilo, Susan) |
| Filing 15 DOCKET SHEET sent to Petitioner (Montes, Mariliz) |
| Filing 14 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The respondent shall file a further report as to the status of efforts to remove the petitioner within two business days of the earliest of: 1) the petitioners removal on the October 7th flight as described in Doc. No. 13; 2) the cancellation or rescheduling of the October 7th flight; or 3) the denial of approval to proceed with the removal on October 7th as described in Doc. No. 13. In all events, the respondent shall file his status report no later than October 9, 2020. The Court holds the motion to dismiss under advisement pending its review of this status report.( Respondent's further Status Report due by 10/9/2020)(Montes, Mariliz) |
| Filing 13 STATUS REPORT Second Removal Status Report by Antone Moniz. (Attachments: #1 Exhibit)(Poswistilo, Susan) |
| Filing 12 DOCKET SHEET sent to Petitioner. (Montes, Mariliz) |
| Filing 11 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On September 4, 2020, the respondent moved to dismiss this habeas petition, urging that the petitioners removal to China was scheduled for early October and, thus, was likely to occur in the reasonably foreseeable future. Doc. Nos. 8, 9. Six days later, the respondent notified the Court that the October flight had been cancelled, and that the petitioners removal had been rescheduled for early November. Doc. No. 10. Despite this cancellationwhich, the respondents own submissions establish, is the seventh time since February 2020 that the petitioners scheduled removal has been cancelled due to COVID-related travel restrictionsthe respondent asserts that there continues to be a substantial likelihood that the petitioners removal to China will be effected in the reasonably foreseeable future. Id. 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 noncitizens the government has successfully removed to China in 2020, if any, including the dates on which such removals occurred; and 2) the basis for counsel's assertion that this petitioner's removal is likely to occur in the reasonably foreseeable future notwithstanding the series of events disclosed in the respondents submissions detailing the unsuccessful efforts to remove him to date. The respondent shall make this submission by Tuesday, September 22, 2020.Set Deadlines as to ( Respondent's submission due by 9/22/2020)(Montes, Mariliz) |
| Filing 10 STATUS REPORT by Antone Moniz. (Attachments: #1 Exhibit)(Poswistilo, Susan) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss filed by Antone Moniz. (Attachments: #1 Exhibit)(Poswistilo, Susan) |
| Filing 8 MOTION to Dismiss by Antone Moniz.(Poswistilo, Susan) |
| Filing 7 Filing fee/payment: $5.00, receipt number 1BST081603 for #1 Petition for Writ of Habeas Corpus (2241), #4 Order on Motion for Leave to Proceed in forma pauperis,, 5 Set Deadlines: Petitioner to pay filing fee ($5.00) or file motion for IFP by 9/8/2020. (Coppola, Katelyn) |
| Filing 6 NOTICE of Appearance by Susan M. Poswistilo on behalf of Antone Moniz (Poswistilo, Susan) |
| Filing 5 Set Deadlines: Petitioner to pay filing fee ($5.00) or file motion for IFP by 9/8/2020. (Montes, Mariliz) |
| Filing 4 District Judge Leo T. Sorokin: ORDER. PCCF Superintendent Antone Moniz shall be substituted as the sole respondent in this action. The Clerk of this Court shall serve a copy of the Petition upon (i) Superintendent Moniz; and (ii) the United States Attorney for the District of Massachusetts. Respondent shall, no later September 4, 2020, show cause why the Petition should not be granted. The motion for a waiver of the filing fee #2 is DENIED without prejudice. Liu must, within twenty-one days, submit a completed Application to Proceed Without Prepaying Fees or Costs or pay the $5.00 filing fee. (PSSA, 3) Modified on 8/14/2020 (PSSA, 3). |
| Filing 3 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 Jennifer C. Boal. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Huaien Liu.(Castilla, Francis) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Huaien Liu. (Attachments: #1 Exhibit)(Castilla, Francis) |
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