Gomes v. Donelan
| Wagner Gomes |
| Christopher Donelan |
| 3:2019cv30166 |
| December 17, 2019 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 15 Copy re 14 Order on Motion to Appoint Counsel, Order on Motion to Stay,,,, mailed to Wagner Gomes and emailed to Lisa Steele on 2/14/20. (Lindsay, Maurice) |
| Filing 14 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered denying #12 Motion to Appoint Counsel and #13 Motion for Emergency Stay. As the court explained in its February 7, 2020 Electronic Order, "Petitioner's Zadvydas argument is no longer meritorious as his removal is now reasonably foreseeable," in light of the government's "concrete plan to remove Petitioner during the week of February 16, 2020." (Dkt. No. 11.) Moreover, the court explained that "[t]o the extent Petitioner seeks relief from removal based on pending challenges to a state court conviction, the Petitioner is DENIED," as "the regulations and statutes invoked by Petitioner do not provide a basis for relief," and "Petitioner's removal will not deny him access to the courts." (Id.) Furthermore, the court explained, "while the conviction Petitioner is challenging may affect his future admissibility into the United States, it does not implicate his removability, which is based on the March 6, 2012 Final Order or Removal." (Id.) Accordingly, as the court has already rejected the two grounds Petitioner relies upon in his Petition for Writ of Habeas Corpus, his Motion to Appoint Counsel and Motion for Emergency Stay are hereby DENIED. The Clerk's Office is directed to send a copy of this order and the docket sheet to Wagner Gomez, Strafford County 266 County Farm Rd., Dover NH 03820. Moreover, as the court is concerned Plaintiff did not receive the court's February 7, 2020 electronic order, the Clerks Office is also directed to send a copy of this order and the docket sheet to Petitioner's criminal defense attorney in the Connecticut appeal: Lisa Steele, steelelaw@earthlink.net. (Lindsay, Maurice) |
| Filing 13 MOTION for Emergency Stay by Wagner Gomes. (Lindsay, Maurice) |
| Filing 12 MOTION to Appoint Counsel by Wagner Gomes. (Figueroa, Tamara) |
| Filing 11 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. Electronic order entered re: #9 Notice of Intent to Remove Petitioner. Upon review of Respondent's Notice of Intent to Remove #9 , the Court orders the Respondent to inform the Court, no later than February 28, 2020, of Petitioner's removal status. Although the court does not agree with the government's arguments regarding the reasonableness of Petitioner's period of detention, given that it has reported a concrete plan to remove Petitioner during the week of February 16, 2020, Petitioner's Zadvydas argument is no longer meritorious as his removal is now reasonably foreseeable. To the extent Petitioner seeks relief from removal based on pending challenges to a state court conviction, the Petition is DENIED. Even assuming the Court has jurisdiction to order a stay of removal on the ground that a direct appeal and/or collateral challenge to Petitioner's state conviction is pending, see 8 U.S.C. 1252(g) (stripping federal courts of jurisdiction to overturn the Attorney General's exercise of discretion in certain matters related to removal of aliens), for the reasons stated by Respondent, the regulations and statutes invoked by Petitioner do not provide a basis for relief. Petitioner's removal will not deny him access to the courts. While the conviction that Petitioner is challenging may affect his future admissibility into the United States, it does not implicate his removability, which is based on the March 6, 2012 Final Order of Removal. Further, unlike the circumstances in Ragbir v. United States, C.A. No. 17-01256-KM, 2018 WL 1446407 (D.N.J. Mar. 23, 2018), a case on which Petitioner relies, a stay of removal is not necessary "to preserve the status quo pending the resolution of a criminal case that is properly before it." Id. at *1.(PSSA, 3) |
| Filing 10 Petitioner's Opposition to Respondents #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Wagner Gomes. (Attachments: #1 Exhibits) (Lindsay, Maurice) |
| Filing 9 NOTICE by Christopher Donelan of Intent to Remove Petitioner (Attachments: #1 Exhibit A - Declaration of Lucas M. Labrou)(Morgan, Christopher) |
| Filing 8 Letter/request (non-motion) from Plaintiff seeking status of case. (Figueroa, Tamara) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 2/3/2020) by Christopher Donelan. (Attachments: #1 Exhibit A - Scott Declaration)(Morgan, Christopher) |
| Filing 6 NOTICE of Appearance by Christopher L. Morgan on behalf of Christopher Donelan (Morgan, Christopher) |
| Filing 5 Remark: The clerks office today made service on respondents by mailing a copy of the Petition (Dkt.No. #1 ), and the Service Order (Dkt.No. #4 ) to the Respondent's Christopher Donelan, Sheriff at Franklin County Correction, and the US Attorney for the District of Massachusetts. (Lindsay, Maurice) |
| Filing 4 Judge Mark G. Mastroianni: ORDER entered. SERVICE ORDER re 2241 Petition. Upon review of the Petition, the Court hereby orders: 1. The Clerk serve a copy of the Petition upon the Franklin County Sheriff Christopher Donelan and the United States Attorney for the District of Massachusetts. 2. Respondent shall, no later than Monday, January 20, 2020, file a motion for the grant or denial of the Petition and a memorandum in support thereof. 3. To give the Court time to consider the matter, unless otherwise ordered by the Court, Gomes 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 48-hour 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). It is So Ordered. See the attached order for complete details. (Lindsay, Maurice) |
| Filing 3 Filing fee/payment: $5.00, receipt number 1BST077878 for #1 Petition for Writ of Habeas Corpus (2241) (Coppola, Katelyn) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Finn, Mary) |
| Filing 1 PETITION for Writ of Habeas Corpus (2241), filed by Wagner Gomes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McDonagh, Christina) |
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| Petitioner: Wagner Gomes | |
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| Respondent: Christopher Donelan | |
| Represented By: | Christopher L. Morgan |
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