Hu v. Wolf et al
| Secretary of DHS Chad F. Wolf, ICE Field Director Shawn Byer, Director Todd Bahensky, Shawn Byer, Todd Bahensky and Chad Wolf |
| xiaoying hu |
| 8:2020cv00415 |
| October 13, 2020 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Michael D Nelson |
| Habeas Corpus: Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on January 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT #5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
| Filing 12 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT #5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf. (Attachments: #1 Declaration of Justin Nimmo with exhibits M-N)(Wagner, Lynnett) Modified on 12/11/2020 to correct docket text(LRM). |
| Filing 11 BRIEF in support of Xiaoying Hu's Release by Attorney Peng Li on behalf of Petitioner Xiaoying Hu. (Attachments: #1 Exhibit ICE's Denial 6.19, #2 Exhibit ICE's Denial 9.24, #3 Exhibit ICE's Denial 11.3)(Li, Peng) |
Filing 10
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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Filing 9
MEMORANDUM AND ORDER - The Petitioner shall have until December 11, 2020, to file a brief to include: any additional arguments she might have as to jurisdiction; a response to respondents' brief filed November 19, 2020, Filing No. #7 ; any evidence of flight risk; and any other matters material and relevant to this case. The respondents shall have until December 15, 2020, to file a reply brief to petitioner's brief, and shall in addition provide the information as to why the commercial airlines canceled the designated flights on November 2, 2020, and on December 2, 2020. Petitioner shall promptly provide the Court with information discussed as a possible home in Omaha for her if released, and the Court will have an investigative report concerning the petitioner's flight risk and a home study for placement with the petitioner's daughter in law conducted by Pretrial Services to be completed on or before December 9, 2020. The Court hereby schedules a hearing in this matter on December 18, 2020, at 2:30 p.m. Counsel may appear in person or may appear by phone. A separate order will be entered regarding how the hearing will be conducted. Ordered by Senior Judge Joseph F. Bataillon. (LKO)
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| Filing 8 TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Status Conference held on 11/19/2020. Argument by the parties. Evidence by the plaintiff. Plaintiff shall file its responsive brief to the government's brief on or before December 11, 2020. Government shall file its reply brief to the plaintiff's responsive brief on or before December 15, 2020. The Court will take this matter under advisement. The Status Conference is continued to 12/18/2020 at 02:30 PM Internet/Telephonic Conferencing before Senior Judge Joseph F. Bataillon. Hearing held in Omaha. Courtroom Deputy: Tiwauna Lawrence; Reporter: Brenda Fauber; Appearance for Plaintiff: Peng Li: Appearance for Defendant: Lynnett M. Wagner; Time Start: 2:02 PM; Time Stop: 2:47 PM; Time in Court: 45 Minutes. (TCL) |
| Filing 7 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT #5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
| Filing 6 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT #5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf. (Attachments: #1 Affidavit Declaration of Keone Feliciano and Exhibits A - L)(Wagner, Lynnett) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
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Filing 4
TEXT ORDER SETTING HEARING: Status Hearing set for 11/19/2020 02:00 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (ADB)
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| Filing 3 NOTICE of Appearance by Attorney Lynnett M. Wagner on behalf of Defendants Todd Bahensky, Shawn Byer, Chad Wolf (Wagner, Lynnett) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5, receipt number ANEDC-4256940), by Attorney Peng Li on behalf of xiaoying hu(Li, Peng) |
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