Kondjoua v. Streeter
| Mr. Chrysostome Tsafack Kondjoua |
| Ms. Lori Streeter |
| 3:2020cv10698 |
| April 8, 2020 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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| Document Text |
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| Filing 18 NOTICE by Chrysostome Tsafack Kondjoua re 17 Order on Motion for Leave to File,,, (Torrey, Philip) |
| Filing 17 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered granting #6 and #7 Motions for Leave to File Appearance as Law Student Advocates; ALLOWED. Ki Hoon Hur and Sarah Libowsky should now file their individual notice of appearance for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lindsay, Maurice) |
| Filing 15 STATUS REPORT Regarding Bond Hearing by Lori Streeter. (Attachments: #1 Exhibit A - April 24, 2020 Bond Decision)(Morgan, Christopher) |
| Filing 14 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. The court is satisfied with the procedures for allowing employees to return to work, filed by Respondent at Dkt. No. 13. Accordingly, the court vacates its April 16, 2020 order that prevented staff who had contracted COVID-19 from returning to FCHC. (Lindsay, Maurice) |
| Filing 13 STATUS REPORT Regarding Procedures for Employees Returning to Work at Franklin County After a Positive COVID-19 Test by Lori Streeter. (Attachments: #1 Exhibit A - Letter from Lori Streeter)(Morgan, Christopher) |
| Filing 16 Electronic Clerk's Notes for proceedings held before Judge Mark G. Mastroianni: Hearing re Release from Detention as to Mr. Chrysostome Tsafack Kondjoua held on 4/16/2020 via ZOOM Video. Attorneys present: Phillip Torrey, Michael Hur, Sarah Libosky(Harvard Immigration/Refugee Clinical Program) for Plaintiff, Christopher Morgan for USA. Court hears arguments from both parties. At this time the Court is not inclined to release Petitioner for reasons stated during hearing. Court to issued separate Order. Court will revisit matter if a new petition is filed after a report is filed clearing the 2 correctional employees to return to work by a treating physician. (Court Reporter: Alice Moran alice.moran@verizon.net.) (Rivera, Christina) |
| Filing 12 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. GRANTING-IN-PART AND DENYING-IN-PART #1 Emergency Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241.Petitioner has requested a new bond hearing in front of an immigration judge, arguing that his first hearing was constitutionally deficient and his detention has become unreasonably prolonged since the first hearing. The government does not oppose. For the reasons discussed in open court, the court GRANTS the request and orders that Petitioner receive a new bond hearing in front of an immigration judge within 10 calendar days. The hearing must comply with due process requirements as set forth in Reid v. Donelan, 390 F. Supp. 3d 201 (D. Mass. 2019). The government bears the burden to prove Kondjoua's dangerousness by clear and convincing evidence and his risk of flight by a preponderance of the evidence. In addition, the immigration judge must consider alternative conditions of release that reasonably assure the safety of the community and Kondjoua's future appearances. A status report regarding the hearing is due on April 27, 2020.Petitioner has also requested the court to order his immediate release from detention in light of the COVID-19 pandemic, alleging his continued detention to be a violation of the Fifth Amendment. For the reasons discussed in open court, this request is DENIED. Based on the facts presented to it, the court finds that the Franklin County House of Corrections (FCHC) has taken adequate steps to reduce the risk of COVID-19 infecting its inmates, detainees, and staff and the continued detention at FCHC as it relates to Petitioner Kondjoua currently appears to be reasonable.But as discussed with the parties during the hearing, the court does take issue with one of the FCHC procedures described in the Tirrell Affidavit. Regarding the two staff members who tested positive for COVID-19, the Tirrell Affidavit notes that "Neither will be allowed to return until at least 14 days after their positive test." (Dkt. No. 10-1 18). This procedure is insufficient and inconsistent with the CDC guidelines for the reintroduction of an infected individual. Accordingly, the court ORDERS that the two staff members who tested positive for COVID-19, and any other staff who tests positive or is presumed to have COVID, are not allowed back into FCHC until FCHC presents the court with a revised plan for their reintroduction that complies with the latest official recommendations. The revised plan is due in 7 days. (Lindsay, Maurice) |
| Filing 11 STATUS REPORT by Chrysostome Tsafack Kondjoua. (Torrey, Philip) |
| Filing 10 RESPONSE/ANSWER to #1 Petition for Writ of Habeas Corpus (2241),, by Lori Streeter. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Morgan, Christopher) |
| Filing 9 STATUS REPORT by Chrysostome Tsafack Kondjoua. (Attachments: #1 Exhibit Milford Police Records, #2 Exhibit 2014 Judgment, #3 Exhibit SO Registration Requirements, #4 Exhibit SO Registration Form)(Torrey, Philip) (Attachment 1 replaced on 4/15/2020) (Finn, Mary with correct modified Exhibit A). Modified on 4/15/2020 (Finn, Mary). |
| Filing 8 ELECTRONIC NOTICE of Hearing: Hearing set for 4/16/2020 at 10:00 AM before Judge Mark G. Mastroianni via ZOOM. Court will provide instructions to all parties. (Rivera, Christina). |
| Filing 7 MOTION for Leave to File Appearance as Law Student Advocate by Chrysostome Tsafack Kondjoua. (Attachments: #1 Exhibit Dean's Letter, #2 Exhibit Libowsky Declaration, #3 Exhibit Client Consent)(Torrey, Philip) |
| Filing 6 MOTION for Leave to File Appearance as Law Student Advocate by Chrysostome Tsafack Kondjoua. (Attachments: #1 Exhibit Dean's Letter, #2 Exhibit Hur Declaration, #3 Exhibit Client Consent)(Torrey, Philip) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Mark G. Mastroianni assigned to case. (Healy, Bethaney) |
| Filing 3 Case transferred to Western Division (Springfield) (McDonagh, Christina) |
| Filing 2 DECLARATION re #1 Petition for Writ of Habeas Corpus (2241),, by Chrysostome Tsafack Kondjoua. (Torrey, Philip) |
| Filing 1 Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8189247 Fee status: Filing Fee paid., filed by Chrysostome Tsafack Kondjoua. (Attachments: #1 Exhibit Transcript, #2 Exhibit Custody Memo, #3 Exhibit D. Ct. Order, #4 Exhibit IJ Custody Order, #5 Exhibit BIA Custody Decision, #6 Exhibit BIA Reconsideration Decision, #7 Exhibit 2016 Declaration, #8 Exhibit 2020 Supp. Declaration, #9 Exhibit IJ Removal Decision, #10 Exhibit BIA Removal Decision, #11 Civil Cover Sheet, #12 JS45)(Torrey, Philip) |
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| Petitioner: Mr. Chrysostome Tsafack Kondjoua | |
| Represented By: | Philip L. Torrey |
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| Respondent: Ms. Lori Streeter | |
| Represented By: | Christopher L. Morgan |
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