Hussein v. Strafford County Department of Corrections, Superintendent
| Abdigani Faisal Hussein |
| US Immigration and Customs Enforcement, Field Office Director and Strafford County Department of Corrections, Superintendent |
| 1:2018cv00921 |
| October 9, 2018 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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| Filing 19 JUDGMENT is hereby entered in accordance with #17 Order. Signed by Tracy A. Uhrin, Chief Deputy Clerk. (Case Closed) (cmp) |
| Filing 18 TRANSCRIPT of Proceedings for Oral Argument held on November 6, 2018. Court Reporter: Liza Dubois, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 11/30/2018. Redacted Transcript Follow Up 12/10/2018. Release of Transcript Restriction set for 2/7/2019.(cmp) |
Filing 17
///ORDER granting #1 Petition for Writ of Habeas Corpus. The petition for writ of habeas corpus is GRANTED for the reasons stated on the record at todays hearing. A bond hearing before an Immigration Judge must be provided to Hussein by November 14, 2018. The Clerk of Court shall enter judgment in accordance with this order and close the case. So Ordered by Judge Joseph N. Laplante.(cmp)
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| Minute Entry for proceedings held before Judge Joseph N. Laplante. ORAL ARGUMENT on Habeas Petition held on 11/6/2018. (Court Reporter: Liza Dubois) (Pltfs Atty: Benjamin J. Wahrer, Esq., Twain Asher Braden, Esq., Gilles R. Bissonnette, Esq., Sang Yeob Kim, Esq. ) (Defts Atty: Terry Ollila, AUSA)(Total Hearing Time: 1 hour 33 minutes). Order to issue. (cmp) |
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ENDORSED ORDER reviewing #15 BRIEF/MEMORANDUM re Order and #16 RESPONSE re #15 Brief. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 16 RESPONSE re #15 Brief filed by Abdigani Faisal Hussein. (Attachments: #1 Exhibit (Affidavit) Affidavit of Twain Braden)(Braden, Twain) |
| Filing 15 BRIEF/MEMORANDUM re Order, by US Immigration and Customs Enforcement, Field Office Director (Ollila, Terry) |
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ENDORSED ORDER re #1 Petition for Writ of Habeas Corpus. Text of Order: The hearing on the petition shall be held November 6, 2018 at 2pm. Should the respondent wish to address the petitioner's constitutional claim, its filing is due on or before November 2, 2018. So Ordered by Chief Judge Joseph N. Laplante.(jb)
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| NOTICE of Hearing re: #1 Petition for Writ of Habeas Corpus. Oral Argument set for 11/6/2018 at 02:00 PM before Chief Judge Joseph N. Laplante.(jb) |
| Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 10/26/2018. (Court Reporter: Susan Bateman) (Pltfs Atty: Benjamin J. Wahrer, Esq.,Gilles R. Bissonnette, Esq., Henry Klementowicz, Esq.,Mark J. Devine, Esq. SangYeob Kim, Esq., Twain Asher Braden) (Defts Atty: Terry Ollila, AUSA, David Plourde, AUSA, Thomas Velardi, Esq.)(Total Hearing Time: 45 minutes) (cmp) |
| NOTICE of Rescheduling Hearing. Telephone Conference reset for 10/26/2018 at 10:00 AM before Chief Judge Joseph N. Laplante. The court will initiate the call.(cmp) |
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ENDORSED ORDER granting #9 Motion for Benjamin J. Wahrer to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Chief Judge Joseph N. Laplante.Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(cmp)
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| Filing 14 Emergency MOTION to Expedite Consideration of Petition filed by Abdigani Faisal Hussein. Follow up on Objection on 11/2/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kim, SangYeob) |
| Filing 13 RESPONSE re #11 Response (not to Motion) filed by US Immigration and Customs Enforcement, Field Office Director. (Attachments: #1 Exhibit (Affidavit) A-Declaration of AUSA Terry L Ollila, #2 Attachment to Exhibit A-1 Police Criminal Complaint, #3 Attachment to Exhibit A-1a Pennsylvania State Police Incident Report, #4 Attachment to Exhibit A-2 Immigration Detainer, #5 Attachment to Exhibit A-3 Immigration Detainer)(Ollila, Terry) |
| NOTICE of Hearing. Telephone Conference set for 11/1/2018 at 02:00 PM before Chief Judge Joseph N. Laplante. The court will initiate the call.(cmp) |
| Filing 12 Addendum/ to #9 MOTION for Benjamin J. Wahrer to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1719263.) by Abdigani Faisal Hussein. (Braden, Twain) |
| Filing 21 Return of Service Executed as to US Attorney General (jb) |
| Filing 11 RESPONSE re #7 Answer to Habeas Petition, #10 Response (not to Motion), filed by Abdigani Faisal Hussein. (Braden, Twain) |
| Filing 20 US Marshal Service of Process re: #6 Order Directing Service served on 10/10/2018 on Christopher Brackett, Superintendent.(jb) |
| Filing 10 RESPONSE re #1 Petition for Writ of Habeas Corpus - New Case, filed by US Immigration and Customs Enforcement, Field Office Director. Attorney Terry L. Ollila added to party US Immigration and Customs Enforcement, Field Office Director (pty:res). (Ollila, Terry) |
| ACTION REQUIRED - NOTICE Nonconforming Document re #9 MOTION for Benjamin J. Wahrer to Appear Pro Hac Vice filed by Abdigani Faisal Hussein. The document fails to comply with LR 7.1-No statement of concurrence was included. File statement as addendum using the Other Documents/Addendum event and link filing(s) to document no. 9. The document will remain on file. Please note that unless a document curing the defect is filed by the Notice of Compliance Deadline the matter may be referred to a judicial officer for appropriate action. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.Compliance Deadline set for 10/15/2018.(jb) |
| Filing 9 MOTION for Benjamin J. Wahrer to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1719263.) filed by Abdigani Faisal Hussein. Follow up on Objection on 10/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit (Affidavit) Affidavit of Benjamin J. Wahrer)(Braden, Twain) |
| Filing 8 Addendum/ to #1 Petition for Writ of Habeas Corpus - New Case, by Abdigani Faisal Hussein. (Attachments: #1 Exhibit BIA Order granting stay of removal, #2 Exhibit IJ Order denying bond)(Braden, Twain) |
| Filing 7 Respondent Strafford County Department of Correction's ANSWER to Petition for Writ of Habeas Corpus Pursuant to Order of October 10, 2018 (Date Served 10.10.18) (Per Local Rule 7.4 statement or motion to be filed within sixty days.) filed by Strafford County Department of Corrections, Superintendent. Attorney Thomas P. Velardi added to party Strafford County Department of Corrections, Superintendent(pty:res).Compliance Deadline set for 12/10/2018. (Velardi, Thomas) |
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Filing 6
SUPERSEDING SERVICE ORDER Directing Clerk and US Marshal to Make Service. (Doc No, 5) is vacated. So Ordered by Magistrate Judge Andrea K. Johnstone.(cmp)
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Filing 5
VACATED ORDER Directing Clerk and US Marshal to Make Service, as outlined. So Ordered by Magistrate Judge Andrea K. Johnstone.(cmp) Modified on 10/10/2018 to add: VACATED PER 10/10/18 Order #6 (cmp).
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| Filing 4 NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Abdigani Faisal Hussein Attorney Henry Klementowicz added to party Abdigani Faisal Hussein(pty:pet).(Klementowicz, Henry) |
| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to Copies US Immigration and Customs Enforcement, Field Office Director and hand delivered to US Attorney's Office by Deputy Clerk. Copies also hand delivered to to US Marshal as to Service to be delivered today to Strafford County Department of Corrections, Superintendent, per #6 Order Directing Service, #1 Petition for Writ of Habeas Corpus.(cmp) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) |
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motions for pro hac vice admission of Mark J. Devine, Esq. and Benjamin J. Wahrer, Esq. have been received. Unless said motions with the required fee are filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 11/9/2018. (mc)
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| NOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge. (mc) |
| Case assigned to Chief Judge Joseph N. Laplante. The case designation is: 1:18-cv-921-JL. Please show this number with the judge designation on all future pleadings. (mc) |
| Filing 3 NOTICE of Attorney Appearance by SangYeob Kim on behalf of Abdigani Faisal Hussein Attorney SangYeob Kim added to party Abdigani Faisal Hussein(pty:pla).(Kim, SangYeob) |
| Filing 2 NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Abdigani Faisal Hussein Attorney Gilles R. Bissonnette added to party Abdigani Faisal Hussein(pty:pla).(Bissonnette, Gilles) |
| Filing 1 NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number 0102-1718648.) filed by Abdigani Faisal Hussein. (Attachments: #1 Exhibit Gordon v. Kelly Order)(Braden, Twain) (Additional attachment(s) added on 10/10/2018: #2 Civil Cover Sheet) (mc). Modified on 10/10/2018 to add: Gordon v. Kelly Order (mc). |
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