Arechiga v. Archambeault et al
| Erik Mercado Arechiga |
| Gregory J. Archambeault and Michael Bernacke |
| 2:2023cv00600 |
| April 19, 2023 |
| US District Court for the District of Nevada |
| Cam Ferenbach |
| Cristina D Silva |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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This docket was last retrieved on October 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 18 MOTION for Order to Show Cause re #1 Petition for Writ of Habeas Corpus, by Petitioner Erik Mercado Arechiga. Responses due by 6/30/2023. (Frenzen, Niels) (presiding) |
| Filing 17 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 6/14/2023. Questioning why the United States moved under seal to admit government counsel to practice in the District of Nevada, I ordered it to show cause why it failed to submit the required motion seeking leave to file it under seal. ECF No. 12 . In its timely response, the United States asserted that the document was not, in fact, filed under seal. Rather, due to the privacy protections that apply to immigration cases, documents are automatically restricted by the court's filing system. ECF No. #13 . Accordingly, with good cause appearing, IT IS HEREBY ORDERED that the United States' obligation under the order to show cause (ECF No. 12 ) is deemed to have been discharged.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
Filing 16
ORDER Granting #11 Motion to Admit Government Attorney. Signed by Judge Cristina D. Silva on 6/8/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 15
ORDER Granting #9 Verified Petition for Permission to Practice Pro Hac Vice for Niels W. Frenzen for Erik Mercado Arechiga and approving Designation of Local Counsel Michael Kagan and Melissa Corral. Signed by Judge Cristina D. Silva on 6/8/2023. Any Attorney not yet registered with the Court's e-filng system shall register on the PACER website #www.pacer.gov(Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 14 NOTICE of Corrected Image/Document re #9 Motion for Permission to Practice Pro Hac Vice - Verified Petition, for attorney Niels W. Frenzen, by Petitioner Erik Mercado Arechiga. (Service of corrected image is attached.). (Kagan, Michael) |
| Filing 13 RESPONSE to 12 Order to Show Cause by Respondents Gregory J. Archambeault, Michael Bernacke.. (Ager, Lindsay) |
| Filing 12 MINUTE ORDER IN CHAMBERS of the Honorable Judge Cristina D. Silva on 6/6/2023. The United States moves to admit government attorney Anthony J. Messuri to practice in the District of Nevada. ECF No. #11 . Local Rule 10-5(a) requires that "[u]nless otherwise permitted by statute, rule, or prior court order, papers filed with the court under seal must be accompanied by a motion for leave to file those documents under seal." LR IA 10-5. "[T]he courts of this country recognize a general right to inspect and copy public records and documents, including judicial records and documents." Nixon v. Warner Commcns, Inc.,435 U.S. 589, 597 (1978). There is a "strong presumption in favor of access to court records." Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). Accordingly, "[a] party seeking to seal a judicial record then bears the burden of overcoming this strong presumption by meeting the 'compelling reasons' standard." Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). "Under this stringent standard, a court may seal records only when it finds 'a compelling reason and articulate[s] the factual basis for its ruling, without relying on hypothesis or conjecture.'" Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-97 (9th Cir. 2016) (quoting Kamakana, 447 F.3d at 1179). Ultimately, filings that are "more than tangentially related to the merits of a case" may be sealed only upon a showing of "compelling reasons" for sealing. Id. at 1101-02. Filings that are only tangentially related to the merits may be sealed upon a lesser showing of "good cause." Id. at 1097. I have not been presented with any reasonlet alone a compelling one, or even the lower standard of good causeto file the motion under seal. IT IS THEREFORE ORDERED that the United States must SHOW CAUSE by June 26, 2023, why it failed to submit a motion seeking to conceal the information from the public that complies with the requirements of Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1097 (9th Cir. 2016) and this district's local rules. In the meantime, I defer ruling on the motion to admit Messuri. If the United States indeed intends to proceed with the motion under seal, it must attach such a motion to its show-cause response.(no image attached) (Copies have been distributed pursuant to the NEF - JLB) |
| Filing 11 MOTION to Admit Government Attorney Anthony J. Messuri by Respondents Gregory J. Archambeault, Michael Bernacke. (Ager, Lindsay) |
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Filing 10
ORDER deferring ruling on #9 Verified Petition for Permission to Practice Pro Hac Vice and approving Designation of Local Counsel. Failure to amend the filing by June 16, 2023, will result in denial of the petition. Amended Petition due by 6/16/2023. Signed by Judge Cristina D. Silva on 5/22/2023. (Copies have been distributed pursuant to the NEF - CAH)
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| Filing 9 See #14 Notice of Corrected Image First MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Niels W Frenzen and DESIGNATION of Local Counsel Michael Kagan, Melissa Corral (Filing fee $ 250 receipt number ANVDC-7302419) by Petitioner Erik Mercado Arechiga. (Kagan, Michael) |
| Filing 8 STANDING ORDER. This case has been assigned to the Honorable Judge Cristina D. Silva. Judge Silva's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - LOE) |
| Filing 7 Case transferred in from District of California Southern; Case Number 3:22-cv-01828. Original file with transfer order and docket sheet received. (LOE) |
| Case randomly assigned to Judge Cristina D. Silva and Magistrate Judge Cam Ferenbach. (LOE) |
| Filing 6 Case transferred to District of Nevada. Files transferred electronically to: *District of District of Nevada*.*333 Las Vegas Boulevard South, 1st Floor**Las Vegas, NV 891017065*. Signed by Judge Roger T. Benitez on 4/14/2023. (Attachments: #1 Transfer Order) (ddf) [Transferred from California Southern on 4/19/2023.] |
| Filing 5 REPLY to Response to Motion re #3 Ex Parte MOTION to Shorten Time and Motion for Order to Show Cause filed by Erik Mercado Arechiga. (Frenzen, Niels) (ddf). [Transferred from California Southern on 4/19/2023.] |
| Filing 4 RESPONSE in Opposition re #3 Ex Parte MOTION to Shorten Time and Motion for Order to Show Cause filed by Gregory J. Archambeault, Michael Bernacke. (Attachments: #1 Exhibit Detainee Locator Printout)(Prime, Caroline) (ddf).[Transferred from California Southern on 4/19/2023.] |
| Filing 3 Ex Parte MOTION to Shorten Time and Motion for Order to Show Cause by Erik Mercado Arechiga. (Frenzen, Niels) (ddf). [Transferred from California Southern on 4/19/2023.] |
| Filing 2 MINUTE ORDER OF RECUSAL. Judge Marilyn L. Huff is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 22cv1828-BEN-AHG.(no document attached) (jms) [Transferred from California Southern on 4/19/2023.] |
| Filing 1 Petition for Writ of Habeas Corpus against Gregory J. Archambeault, Michael Bernacke ( Filing fee $5 receipt number ACASDC-17361401.), filed by Erik Mercado Arechiga. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-1828-H-AHG. Judge Marilyn L. Huff and Magistrate Judge Allison H. Goddard are assigned to the case. (Niels W. Frenzen)(smy1) (jms). [Transferred from California Southern on 4/19/2023.] |
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