Palacios Alvarado v. Gillis et al
| Lucas Palacios Alvarado |
| Shawn Gillis, Alejandro Mayorkas, Kenneth Genalo, Tae Johnson and Merrick Garland |
| 5:2023cv00078 |
| August 22, 2023 |
| US District Court for the Southern District of Mississippi |
| Western Office |
| F Keith Ball |
| David C Bramlette |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (Federal) |
| None |
Docket Report
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| Filing 20 Second Letter sent to Kai William De Graaf, Esq.,on 9/25/2023 requesting PHV motion, proposed order and fee. (PG) |
| Filing 19 Letter sent to Kai William De Graaf, Esq., on 8/22/2023 requesting PHV motion, proposed order and fee. (PG) |
| Filing 18 ***ERROR***DISREGARD THIS ENTRY.***NOTICE OF ASSIGNMENT. (PG) Modified on 8/22/2023 (PG). |
| Filing 17 Case transferred in from District of New York Southern; Case Number 1:22-cv-10082. Original file certified copy of transfer order and docket sheet received. |
Filing 16
ORDER for #15 REPORT AND RECOMMENDATION ON HABEAS PETITION re: #1 Petition for Writ of Habeas Corpus filed by Lucas Palacios Alvarado. Here, neither party has submitted objections to the Report. The Court has therefore reviewed Magistrate Judge Parker's Report for clear error. See Ramirez, 898 F. Supp. 2d at 663. The Court finds that the Report's reasoning is sound, grounded in fact and law, and not clearly erroneous. Therefore, the Court adopts the thorough and well-reasoned Report in its entirety. Accordingly, IT IS HEREBY ORDERED that this case be transferred to the United States District Court for the Southern District of Mississippi. The Clerk of Court is respectfully directed to transfer this action to the United States District Court for the Southern District of Mississippi forthwith. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 8/22/2023) (jca) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 8/22/2023.]
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| Filing 15 REPORT AND RECOMMENDATION ON HABEAS PETITION re: #1 Petition for Writ of Habeas Corpus filed by Lucas Palacios Alvarado. For the reasons set forth above, I respectfully recommend that this case be transferred the United States District Court for the Southern District of Mississippi pursuant to 28 U.S.C. 1631. Respectfully Submitted. Objections to R&R due by 8/17/2023 (Signed by Magistrate Judge Katharine H. Parker on 8/3/2023) (vfr) [Transferred from New York Southern on 8/22/2023.] |
| Filing 14 FIRST REPLY MEMORANDUM OF LAW re: #11 Response to Petition for a Writ of Habeas Corpus,,, #13 Reply Memorandum of Law in Oppisition, #12 Declaration OF KAI W DE GRAAF. Document filed by Lucas Palacios Alvarado. (Attachments: #1 Affidavit ATTORNEY AFFIRMATION, #2 Exhibit REPLY EXHIBIT).(DE Graaf, Kai) [Transferred from New York Southern on 8/22/2023.] |
| Filing 13 REPLY MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus,, . Document filed by Alejandro Mayorkas, Merrick Garland, Kenneth Genalo, Shawn Gillis, Tae Johnson..(Pham, Nancy) [Transferred from New York Southern on 8/22/2023.] |
| Filing 12 DECLARATION of Reyna Beattie re: #1 Petition for Writ of Habeas Corpus,, . Document filed by Alejandro Mayorkas, Merrick Garland, Kenneth Genalo, Shawn Gillis, Tae Johnson..(Pham, Nancy) [Transferred from New York Southern on 8/22/2023.] |
| Filing 11 RESPONSE to #1 Petition for Writ of Habeas Corpus,,. Document filed by Alejandro Mayorkas, Merrick Garland, Kenneth Genalo, Shawn Gillis, Tae Johnson. (Attachments: #1 Exhibit NTA 05.01.2014, #2 Exhibit 2019 Criminal Charges, #3 Exhibit 2020 Criminal Charges, #4 Exhibit Custody Determination 08.20.2021, #5 Exhibit IJ Order and Decision 02.14.2022, #6 Exhibit IJ Order Bond Hearing 05.18.2022, #7 Exhibit IJ Written Decision Bond Hearing 06.23.2022, #8 Exhibit BIA Opinion 07.26.2022, #9 Exhibit Decision to Continue Detention 10.21.2022, #10 Exhibit Notice Custody Review 12.20.2022, #11 Exhibit BIA Appeal Bond Hearing 12.20.2022, #12 Exhibit Decision to Continue Detention 02.03.2023, #13 Exhibit Decision to Continue Detention 05.07.2023).(Pham, Nancy) [Transferred from New York Southern on 8/22/2023.] |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to File Response/Reply addressed to Magistrate Judge Katharine H. Parker from Pham, Nancy dated May 17, 2023. Application granted. The deadline for Respondent's response is extended to June 23, 2023. The deadline for Petitioner's reply is extended to July 13, 2023. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/18/2023) (vfr) [Transferred from New York Southern on 8/22/2023.]
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| Set/Reset Deadlines: Alejandro Mayorkas answer due 6/23/2023; Merrick Garland answer due 6/23/2023; Kenneth Genalo answer due 6/23/2023; Shawn Gillis answer due 6/23/2023; Tae Johnson answer due 6/23/2023. (vfr) [Transferred from New York Southern on 8/22/2023.] |
| Filing 9 CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Katharine H. Parker from Pham, Nancy dated May 17, 2023. Document filed by Alejandro Mayorkas, Merrick Garland, Kenneth Genalo, Shawn Gillis, Tae Johnson..(Pham, Nancy) [Transferred from New York Southern on 8/22/2023.] |
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Filing 8
ORDER granting #7 Letter Motion for Discovery. Respondent is relieved of its obligation to file a complete administrative record and instead is permitted to file a return with documents relevant to its response. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/5/2023) (vfr) [Transferred from New York Southern on 8/22/2023.]
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| Filing 7 LETTER MOTION for Discovery Administrative Record Relief addressed to Magistrate Judge Katharine H. Parker from Pham, Nancy dated April 27, 2023. Document filed by Alejandro Mayorkas, Merrick Garland, Kenneth Genalo, Shawn Gillis, Tae Johnson..(Pham, Nancy) [Transferred from New York Southern on 8/22/2023.] |
| Filing 6 NOTICE OF APPEARANCE by Nancy Pham on behalf of Alejandro Mayorkas, Merrick Garland, Kenneth Genalo, Shawn Gillis, Tae Johnson..(Pham, Nancy) [Transferred from New York Southern on 8/22/2023.] |
| Filing 5 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus,,. Alejandro Mayorkas served on 3/22/2023, answer due 5/23/2023. Service was made by MAIL. Document filed by Lucas Palacios Alvarado..(DE Graaf, Kai) [Transferred from New York Southern on 8/22/2023.] |
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Filing 4
ORDER TO ANSWER 28 U.S.C. 2241(c): Having determined that this petition under 28 U.S.C. 2241(c) should not be summarily dismissed, the Court orders that: Counsel for Petitioner shall serve a copy of this order and the petition on Respondents and file proof of service by Tuesday, March 28, 2023. By Tuesday, May 23, 2023, Respondents shall file and serve (1) an answer, motion, or other response to the Petition, and (2) an administrative record that includes any hearing transcripts, briefs, and opinions in the underlying immigration proceedings. Petitioner may file and serve any reply papers by Tuesday, June 13, 2023. SO ORDERED. Alejandro Mayorkas answer due 5/23/2023; Merrick Garland answer due 5/23/2023; Kenneth Genalo answer due 5/23/2023; Shawn Gillis answer due 5/23/2023; Tae Johnson answer due 5/23/2023.( Motions due by 5/23/2023., Replies due by 6/13/2023.) (Signed by Magistrate Judge Katharine H. Parker on 12/7/2022) (vfr) Modified on 12/8/2022 (vfr). [Transferred from New York Southern on 8/22/2023.]
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Jennifer L. Rochon on 12/6/2022) (ate) [Transferred from New York Southern on 8/22/2023.]
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| Filing 2 CIVIL COVER SHEET filed..(DE Graaf, Kai) [Transferred from New York Southern on 8/22/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kai William DE Graaf. The party information for the following party/parties has been modified: LUCAS PALACIOS ALVARADO; KENNETH GENALO; SHAWN GILLIS; TAE JOHNSON; MERRICK GARLAND; ALEJANDRO MAYORKAS. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted. (vf) [Transferred from New York Southern on 8/22/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kai William DE Graaf to Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet. The Civil Cover Sheet is filed as its own individual event; and Nature of Suit Error. Place an [X] in One box only. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) [Transferred from New York Southern on 8/22/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kai William DE Graaf. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee). The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General). (vf) [Transferred from New York Southern on 8/22/2023.] |
| Case Designated ECF. (vf) [Transferred from New York Southern on 8/22/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(vf) [Transferred from New York Southern on 8/22/2023.] |
| Magistrate Judge Katharine H. Parker 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. (vf) [Transferred from New York Southern on 8/22/2023.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-27010477)Document filed by LUCAS LEONEL PALACIOS ALVARADO. (Attachments: #1 Civil Cover Sheet IVIL COVER SHEET, #2 Supplement CIVIL COVER SHEET LIST OF RESPONDENTS ATTACHMENT, #3 Exhibit EXHIBITS A THROUGH E, #4 Exhibit EXHIBIT F, #5 Exhibit EXHIBITS G THROUGH I, #6 Exhibit EXHIBITS J THROUGH L, #7 Exhibit EXHIBITS M THROUGH O, #8 Exhibit EXHIBITS P THROUGH S).(DE Graaf, Kai) [Transferred from New York Southern on 8/22/2023.] |
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