Garcia v. Decker et al
| Joaquin Garcia and J.G. |
| Thomas Decker, Carl DuBois, Ubaid Ul-Haq, David Neal, Alejandro Mayorkas and Merrick Garland |
| 5:2022cv00101 |
| December 21, 2022 |
| US District Court for the Southern District of Mississippi |
| Western Office |
| David C Bramlette |
| LaKeysha Greer Isaac |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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This docket was last retrieved on January 13, 2023. A more recent docket listing may be available from PACER.
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Filing 31
AGREED ORDER granting #30 Motion to Change Venue. IT IS HEREBY ORDERED that the Petitioners Motion to Change Venue to the U.S. District Court for the Southern District of New York is HEREBY GRANTED. This action SHALL BE TRANSFERRED back to the U.S. District Court for the Southern District of New York. Signed by District Judge David C. Bramlette, III on 1/13/2023 (LAT)
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| District Transfer Out to the District of U.S. District Court for the Southern District of New York. (LAT) |
| Remark : Emailed IT Department to electronically transfer case to the United States District Court for the Southern District of New York. Clerk will docket confirmation email when received from the U.S. District Court for the Southern District of New York. (LAT) |
| Filing 30 MOTION to Change Venue back to the USDC for the Southern District of New York by Joaquin Garcia, J.G. (Attachments: #1 Exhibit Order Granting Motion to Reconsider)(Adams, Kasey) |
| Filing 29 NOTICE of Appearance by Kasey M. Adams on behalf of Joaquin Garcia, J.G. (Adams, Kasey) |
| Filing 28 Letter sent to Kyle Barron, John DeBellis, Julie Ann Dona on 12/21/2022 requesting PHV motion, proposed order and fee. (ND) |
| Filing 27 Case transferred in from District of New York Southern; Case Number 1:22-cv-06273. Original file certified copy of transfer order and docket sheet received. |
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Filing 26
ORDER: For the reasons stated above, the Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of Mississippi. (Signed by Judge Paul G. Gardephe on 12/20/2022) (tro) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 12/21/2022.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Mississippi.(tro) [Transferred from New York Southern on 12/21/2022.] |
| Filing 25 DECLARATION of Whitney Dollar in Opposition re: #23 LETTER MOTION to Expedite for Urgent Medical Reasons addressed to Judge Paul G. Gardephe from Kyle Barron dated 12/12/2022.. Document filed by Thomas Decker. (Attachments: #1 Exhibit Ex. 1 - Meal Plan, #2 Exhibit Ex. 2 - Commissary Purchases).(Bannon, Zachary) [Transferred from New York Southern on 12/21/2022.] |
| Filing 24 LETTER RESPONSE to Motion addressed to Judge Paul G. Gardephe from Zachary Bannon dated 12/19/2022 re: #23 LETTER MOTION to Expedite for Urgent Medical Reasons addressed to Judge Paul G. Gardephe from Kyle Barron dated 12/12/2022. . Document filed by Thomas Decker..(Bannon, Zachary) [Transferred from New York Southern on 12/21/2022.] |
| Filing 23 LETTER MOTION to Expedite for Urgent Medical Reasons addressed to Judge Paul G. Gardephe from Kyle Barron dated 12/12/2022. Document filed by J.G.. (Attachments: #1 Exhibit Supplemental Declaration of J.G., #2 Exhibit Medical Letter of Doctor Madhuri Rao, #3 Exhibit Updated Medical Records for J.G., #4 Exhibit Oral Decision in Celestin v. Decker, 17-cv-2419).(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 22 NOTICE OF APPEARANCE by Julie Ann Dona on behalf of J.G...(Dona, Julie) [Transferred from New York Southern on 12/21/2022.] |
| Filing 21 REPLY MEMORANDUM OF LAW in Support re: #14 Amended Petition, . Document filed by J.G...(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #14 Amended Petition, . Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq..(Bannon, Zachary) [Transferred from New York Southern on 12/21/2022.] |
| Filing 19 DECLARATION of Jason Mascia in Opposition re: #14 Amended Petition,. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq..(Bannon, Zachary) [Transferred from New York Southern on 12/21/2022.] |
| Filing 18 RESPONSE re: #14 Amended Petition, Government Return. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq. (Attachments: #1 Exhibit Immigrant Visa and Alien Registration, #2 Exhibit I-213, #3 Exhibit Conviction Documents, #4 Exhibit Notice to Appear, #5 Exhibit IJ Decision, #6 Exhibit Extension Request, #7 Exhibit BIA Decision).(Bannon, Zachary) [Transferred from New York Southern on 12/21/2022.] |
| Filing 17 EXHIBIT TO PLEADING re: #14 Amended Petition,. Document filed by J.G...(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 16 MEMORANDUM OF LAW in Support re: #14 Amended Petition, . Document filed by J.G...(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 15 DECLARATION of John DeBellis, Esq. re: #14 Amended Petition, . Document filed by J.G.. (Attachments: #1 Exhibit Notice to Appear, #2 Exhibit ICE Transfer Notice, #3 Exhibit Declaration of Asaf Calderon, LMSW, #4 Exhibit BIA Briefing Extension Request and Order Granting Extension, #5 Exhibit U.S. Immigration and Customs Enforcement, National Detainee Handbook, #6 Exhibit Declaration of Joseph Truglio, MD MPH, #7 Exhibit Letter from J.G.'s long-time Partner, #8 Exhibit Letter from J.G.s Daughter, #9 Exhibit Letter from J.G.s Son, #10 Exhibit BIA Motion to Remand Receipt, #11 Exhibit Declaration of J.G., #12 Exhibit BIA Decision, #13 Exhibit Petition for Review, #14 Exhibit Stay Motion, #15 Exhibit Motion for Joseph Hearing, #16 Exhibit Forbearance Policy Documents, #17 Exhibit Reports and Articles).(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 14 SECOND AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus 2241 against Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq.Document filed by J.G.. Related document: #1 Petition for Writ of Habeas Corpus..(Barron, Kyle) Modified on 9/16/2022 (sj). Modified on 9/19/2022 (gp). Modified on 9/20/2022 (vf). [Transferred from New York Southern on 12/21/2022.] |
| Filing 13 LETTER addressed to Judge Paul G. Gardephe from Kyle Barron, Esq. dated 08/26/2022 re: Joint Proposed Briefing Schedule. Document filed by J.G...(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Proceed Using Initials . . Document filed by J.G...(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 11 MOTION to Proceed Using Initials . Document filed by J.G.. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Proceed Using Initials).(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kyle Barron to RE-FILE Document #6 MOTION Leave to Proceed Anonymously Using Initials Only . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) [Transferred from New York Southern on 12/21/2022.] |
| Filing 10 NOTICE OF APPEARANCE by Zachary Bannon on behalf of Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq..(Bannon, Zachary) [Transferred from New York Southern on 12/21/2022.] |
| Filing 9 FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus 2241 against Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq.Document filed by J.G.. Related document: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Affidavit Declaration of Immigration Attorney John D. DeBellis, #2 Exhibit Notice to Appear, #3 Exhibit ICE Transfer Notification, #4 Exhibit Declaration of Asaf Calderon, LMSW, #5 Exhibit BIA Briefing Extension Request and Order Granting Extension, #6 Exhibit U.S. Immigration and Customs Enforcement, National Detainee Handbook, #7 Exhibit Declaration of Joseph Truglio, MD MPH, #8 Exhibit Letter from J.G.'s long-time Partner, #9 Exhibit Letter from J.G.s Daughter, #10 Exhibit Letter from J.G.s Son, #11 Exhibit BIA Motion to Remand Receipt).(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 8 FILING ERROR DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus 2241 against Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq.Document filed by J.G.. Related document: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Affidavit Declaration of Immigration Attorney John D. DeBellis, #2 Exhibit Notice to Appear, #3 Exhibit ICE Transfer Notification, #4 Exhibit Declaration of Asaf Calderon, LMSW, #5 Exhibit BIA Briefing Extension Request and Order Granting Extension, #6 Exhibit U.S. Immigration and Customs Enforcement, National Detainee Handbook, #7 Exhibit Declaration of Joseph Truglio, MD MPH, #8 Exhibit Letter from J.G.'s long-time Partner, #9 Exhibit Letter from J.G.s Daughter, #10 Exhibit Letter from J.G.s Son, #11 Exhibit BIA Motion to Remand Receipt).(Barron, Kyle) Modified on 8/18/2022 (jgo). [Transferred from New York Southern on 12/21/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kyle Barron to RE-FILE re: Document No. #7 Amended Petition. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party J.G.; the wrong filer/filers were selected for the pleading; the motion to proceed anonymously with initials has not been granted. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) [Transferred from New York Southern on 12/21/2022.] |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus 2241 against Thomas Decker, Carl DuBois, Merrick Garland, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq.Document filed by Joaquin Garcia. Related document: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit Declaration of Immigration Attorney John D. DeBellis, #2 Exhibit Notice to Appear, #3 Exhibit ICE Transfer Notification, #4 Exhibit Declaration of Asaf Calderon, LMSW, #5 Exhibit BIA Briefing Extension Request and Order Granting Extension, #6 Exhibit U.S. Immigration and Customs Enforcement, National Detainee Handbook, #7 Exhibit Declaration of Joseph Truglio, MD MPH, #8 Exhibit Letter from Mr. Garcias long-time Partner, #9 Exhibit Letter from J.G.s Daughter, #10 Exhibit Letter from J.G.s Son, #11 Exhibit BIA Motion to Remand Receipt).(Barron, Kyle) Modified on 8/15/2022 (jgo). [Transferred from New York Southern on 12/21/2022.] |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Leave to Proceed Anonymously Using Initials Only . Document filed by Joaquin Garcia. (Attachments: #1 Appendix Memorandum of Law in Support of Motion, #2 Text of Proposed Order Proposed Order on Motion to Proceed Using Initials). (Barron, Kyle) Modified on 8/24/2022 (db). [Transferred from New York Southern on 12/21/2022.] |
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Filing 5
MEMO ENDORSEMENT on re: #4 Letter filed by Joaquin Garcia, ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/9/2022) Thomas Decker answer due 9/2/2022; Carl DuBois answer due 9/2/2022; Merrick Garland answer due 9/2/2022; Alejandro Mayorkas answer due 9/2/2022; David Neal answer due 9/2/2022; Ubaid Ul-Haq answer due 9/2/2022.( Amended Pleadings due by 8/12/2022., Replies due by 9/12/2022.) (ks) [Transferred from New York Southern on 12/21/2022.]
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| Filing 4 LETTER addressed to Judge Paul G. Gardephe from John DeBellis dated 08/02/2022 re: Proposed Joint Briefing Schedule. Document filed by Joaquin Garcia..(DeBellis, John) [Transferred from New York Southern on 12/21/2022.] |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by John DeBellis on behalf of Joaquin Garcia.(DeBellis, John) [Transferred from New York Southern on 12/21/2022.] |
| Filing 2 CIVIL COVER SHEET filed..(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kyle Barron to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj) [Transferred from New York Southern on 12/21/2022.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kyle Barron re: Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (sj) [Transferred from New York Southern on 12/21/2022.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kyle Barron. The party information for the following party/parties has been modified: Thomas Decker, Carl Dubois, Ubaid Ul-Haq, David L. Neal, ALEJANDRO MAYORKAS. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted. (sj) [Transferred from New York Southern on 12/21/2022.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kyle Barron. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to Orange. (sj) [Transferred from New York Southern on 12/21/2022.] |
| Magistrate Judge Jennifer Willis is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) [Transferred from New York Southern on 12/21/2022.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 12/21/2022.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) [Transferred from New York Southern on 12/21/2022.] |
| ADD PARTY FOR PLEADING. Defendants/Respondents Thomas Decker, Carl DuBois, Alejandro Mayorkas, David Neal, Ubaid Ul-Haq, Merrick Garland added. Party added pursuant to #1 Petition for Writ of Habeas Corpus.Document filed by Joaquin Garcia. Related document: #1 Petition for Writ of Habeas Corpus..(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-26454630)Document filed by Joaquin Garcia. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet).(Barron, Kyle) [Transferred from New York Southern on 12/21/2022.] |
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