Reyes Batista v. Souza
| Amaury Vladimir Reyes Batista |
| Steven Souza |
| 1:2020cv12013 |
| November 9, 2020 |
| US District Court for the District of Massachusetts |
| Patti B Saris |
| 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 Judge Patti B. Saris: ORDER OF DISMISSAL entered. (Baker, Casey) |
| Filing 17 Judge Patti B. Saris: MEMORANDUM AND ORDER entered. "The Petition for Writ of Habeas Corpus (Dkt. 1) is DENIED on the ground that that nothing in the record indicates that the Immigration Judge (IJ) failed to comply with the requirements of Brito v. Barr, 415 F. Supp. 3d 258 (D. Mass. 2019). The parties have stipulated that Petitioner is a member of the Brito class. Petitioner, whose criminal history is otherwise non-extensive, was convicted of participating in a major tax fraud conspiracy involving the loss of $166,649.61 in government funds. This conviction is on appeal before the Second Circuit.As required under Brito, the IJ placed the burden on the Government to prove Petitioner's danger to the community by clear and convincing evidence and to demonstrate Petitioner's flight risk by a preponderance of the evidence. See id. at 271. Likewise, the IJ required the Government to prove that "no condition or combination of conditions will reasonably assurethe aliens future appearance and the safety of the community,"and the IJ considered reasonable alternatives to detention. Seeid. Petitioner's challenge boils down to a disagreement withhow the IJ weighed the reliable evidence before him, but sucharguments fall outside the scope of this Court's jurisdictionbecause "Congress has eliminated judicial review ofdiscretionary custody determinations." See Pensamiento v.McDonald, 315 F. Supp. 3d 684, 688 (D. Mass. 2018)(citing 8U.S.C. 1226(e)). This Order is without prejudice to thePetitioner seeking relief as part of the class in Savino v.Souza, No. 20-10617-WGY (D. Mass.). SO ORDERED. (Baker, Casey) |
| Filing 16 DECLARATION re #14 Response to Petition for Writ of Habeas Corpus - 2241 of AUSA Jason C. Weida by Steven Souza. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weida, Jason) |
| Filing 15 DECLARATION re #14 Response to Petition for Writ of Habeas Corpus - 2241 of Alexander Durden by Steven Souza. (Weida, Jason) |
| Filing 14 RESPONSE/ANSWER to #1 Petition for Writ of Habeas Corpus (2241), by Steven Souza. (Weida, Jason) |
| Filing 13 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #12 Motion for Extension of Time to File Response. Responses due by 11/18/2020. (Baker, Casey) |
| Filing 12 Assented to MOTION for Extension of Time to November 18, 2020 to File Response/Reply to the Petition by Steven Souza.(Weida, Jason) |
| Filing 11 Judge Patti B. Saris: ELECTRONIC ORDER entered granting #9 Assented to MOTION student appearance Chelsea Eddy and granting #8 Assented to MOTION student appearance Nicole Arata filed by Amaury Vladimir Reyes Batista. (Baker, Casey) |
| Filing 10 Judge Patti B. Saris: : ELECTRONIC ORDER entered granting #6 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Baker, Casey) |
| Filing 9 Assented to MOTION for student appearance Chelsea Eddy by Amaury Vladimir Reyes Batista. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Holper, Mary) |
| Filing 8 Assented to MOTION for student appearance Nicole Arata by Amaury Vladimir Reyes Batista. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Holper, Mary) |
| Filing 7 MEMORANDUM in Support re #6 Assented to MOTION to Seal Document Medical Records filed by Amaury Vladimir Reyes Batista. (Holper, Mary) |
| Filing 6 Assented to MOTION to Seal Document Medical Records by Amaury Vladimir Reyes Batista.(Holper, Mary) |
| Filing 5 NOTICE of Appearance by Jason C. Weida on behalf of Steven Souza (Weida, Jason) |
| Filing 4 Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. 1.The Clerk shall serve the petition on the Respondent and the United States Attorney for the District of Massachusetts. 2.Within 7 days of the entry of this Order, Respondent shall file a brief with supporting documentation, including the Order of the Immigration Judge with Respect to Custody, and if possible the transcript of the bond hearing. Petitioner shall file a reply brief with supporting documentation within 7 days of the filing of Respondents brief.3.In order to give the Court time to consider the matter, unless otherwise ordered by the Court, Petitioner shall not be moved outside the District of Massachusetts pending decision. (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). (Vieira, Leonardo)
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| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. (Finn, Mary) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8502355 Fee status: Filing Fee paid., filed by Amaury Vladimir Reyes Batista. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Civil Cover Sheet, #9 Supplement, #10 Supplement, #11 Supplement)(Holper, Mary) (Additional attachment(s) added on 11/13/2020: #13 Exhibit - SEALED) (Baker, Casey). |
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| Respondent: Steven Souza | |
| Represented By: | Jason C. Weida |
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| Plaintiff: Amaury Vladimir Reyes Batista | |
| Represented By: | Mary P. Holper |
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