Gomes v. US Department of Homeland Security, Acting Secretary et al
Plaintiff: Robson Xavier Gomes
Defendant: US Department of Homeland Security, Acting Secretary, Immigration and Customs Enforcement, Acting Field Office Director and Strafford County Department of Corrections, Superintendent
Case Number: 1:2020cv00453
Filed: April 15, 2020
Court: US District Court for the District of New Hampshire
Presiding Judge: Andrea K Johnstone
Referring Judge: Landya B McCafferty
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2020 Filing 198 NOTICE of Transfer for Purposes of Removal - Week of June 15, 2020 by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
June 12, 2020 Filing 197 NOTICE of Transfer for Purposes of Removal (Amended) re: Kevin Daniel Shirley by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
June 12, 2020 NOTICE of Hearing. Special Hearing/ Bail Hearing for Emerson Garcia-Alvarez set for 6/15/2020 at 12:15 PM via video conference before Chief Judge Landya B. McCafferty.(de)
June 11, 2020 Filing 196 NOTICE of Intent to Remove Kevin Daniel from Strafford DOC by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
June 11, 2020 Opinion or Order Filing 195 MODIFIED ORDER Setting Conditions of Release Relative to Class Member Zeike Reyes Pujols. So Ordered by Chief Judge Landya B. McCafferty.(de)
June 10, 2020 Filing 194 TRANSCRIPT of Proceedings for Evidentiary Hearing via Video Conference (Morning Session) held on 6/1/2020. Court Reporter: Brenda Hancock, Telephone # 603 225-1454. 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 7/1/2020. Redacted Transcript Follow Up 7/13/2020. Release of Transcript Restriction set for 9/8/2020.(de)
June 10, 2020 Filing 192 STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Weekly Status Report (6.3.20 - 6.10.20)(Ollila, Terry)
June 10, 2020 Opinion or Order ENDORSED ORDER granting #190 Motion to Exceed Page Limitation. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(gla)
June 9, 2020 Filing 191 REPLY to Objection to Motion re #128 MOTION to Dismiss for Failure to State a Claim filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. Surreply due by 6/15/2020. (Cohen, Frances)
June 9, 2020 Filing 190 Assented to MOTION to Exceed page limitations filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
June 8, 2020 Filing 193 TRANSCRIPT of Proceedings for Evidentiary Hearing via Video Conference held on 5/29/2020. 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 6/29/2020. Redacted Transcript Follow Up 7/9/2020. Release of Transcript Restriction set for 9/3/2020.(de)
June 8, 2020 Filing 188 NOTICE of SUPPLEMENTAL AUTHORITY IN SUPPORT OF THEIR MOTION FOR CLASS CERTIFICATION (DN 14) by Robson Xavier Gomes. (Attachments: #1 Exhibit Quadrelli Class Action Decision)(Bissonnette, Gilles)
June 4, 2020 Filing 187 TRANSCRIPT of Proceedings for Evidentiary Hearing (Afternoon Session) held on 6/1/2020. Court Reporter: Susan Bateman, Telephone # 603-225-1453. 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 6/25/2020. Redacted Transcript Follow Up 7/6/2020. Release of Transcript Restriction set for 8/31/2020.(de)
June 4, 2020 Filing 186 NOTICE of Transfer for Removal Purposes by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
June 3, 2020 Filing 185 STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Weekly Status Report (May 27 - June 3, 2020)(Ollila, Terry)
June 2, 2020 Opinion or Order Filing 184 ORDER Setting Conditions of Release Relative to Release of Individual Class Member Emmanuel Evariste. So Ordered by Chief Judge Landya B. McCafferty.(de) (Additional attachment(s) added on 6/2/2020: #1 UNREDACTED VERSION OF ORDER/CONDITIONS) (de).
June 2, 2020 Opinion or Order Filing 183 ORDER Re: Public Access Findings for Emmanuel Evariste (Hearing). So Ordered by Chief Judge Landya B. McCafferty. (gla)
June 2, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. Sealed TELEPHONE CONFERENCE re: Emmanuel Evariste held on 6/2/2020. (Court Reporter: Susan Bateman) (Pltfs Atty: SangYeob Kim, Behzad Mirhashem, Gilles Bissonnette) (Defts Atty: Terry Ollila)(Total Hearing Time: 35 minutes) (de)
June 2, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 6/2/2020 via video conference re: Bail Hearing for Emmanuel Evariste. The government has not met its burden. Conditions of release reviewed with Mr. Evariste. (Court Reporter: Susan Bateman) (Pltfs Atty: Behzad Mirhashem) (Defts Atty: Terry Ollila)(Total Hearing Time: 32 minutes) (de)
June 1, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. EVIDENTIARY HEARING held on 6/1/2020 Witnessess Appearing: Superintendent Christopher Brackett; Tracy Warren. EXHIBITS ADMITTED INTO EVIDENCE: RESP. P, FF, II, D, V, S, U, and GG; PET. 1. Court granted oral motion to seal any redactions of personal identifying information in exhibits. (Court Reporter: Brenda Hancock (AM), Susan Bateman (PM)) (Pltfs Atty: Nathan Warecki) (Defts Atty: Frances Cohen, Robert Rabuck)(Total Hearing Time: 4 hours, 20 minutes) (de)
June 1, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. Sealed TELEPHONE CONFERENCE re: RH held on 6/1/2020. Interpreter: Patricia Bluestein (Court Reporter: Susan Bateman) (Pltfs Atty: Gilles Bissonnette, SangYeob Kim) (Defts Atty: Terry Ollila)(Total Hearing Time: 32 minutes) (de) Modified on 6/2/2020 to add: interpreter information (de).
June 1, 2020 Filing 182 Exhibit List (Second Amended) of Petitioners for May 29/June 1, 2020 Hearing by Robson Xavier Gomes.(Bissonnette, Gilles)
June 1, 2020 Filing 181 Exhibit List Involving Emmanuel Evariste to Notice of Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
June 1, 2020 NOTICE of Hearing. Special Hearing - Bail Hearing for Emmanual Evariste - set for 6/2/2020 at 09:15 AM via video conference before Chief Judge Landya B. McCafferty.(de)
May 31, 2020 NOTICE of Hearing re: #123 Order. Continuation Evidentiary Hearing via video conference set for 6/1/2020 at 09:00 AM before Chief Judge Landya B. McCafferty.(de)
May 29, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. EVIDENTIARY HEARING held on 5/29/2020 Witnessess Appearing: Ruben Hernandez, Allen Greenbaum. EXHIBITS ADMITTED INTO EVIDENCE: RESP. A, B, C, M, N, O, JJ and KK; PET. 8, 9 and 16. HEARING CONTINUED to 6/1/2020 at 9:00 a.m. (Court Reporter: Liza Dubois) (Pltfs Atty: Gilles Bissonnette, Nathan Warecki, SangYeob Kim) (Defts Atty: Frances Cohen, Terry Ollila)(Total Hearing Time: 4 hours, 20 minutes) (de)
May 29, 2020 Filing 179 NOTICE of Attorney Appearance by Behzad Mirhashem (FPD) on behalf of Robson Xavier Gomes Attorney Behzad Mirhashem (FPD) added to party Robson Xavier Gomes(pty:pet).(Mirhashem (FPD), Behzad)
May 29, 2020 Filing 178 Federal Respondents' Amended Exhibit List for May 29, 2020 Evidentiary Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
May 29, 2020 Filing 177 Exhibit List (Amended) of Petitioners for May 29, 2020 Hearing by Robson Xavier Gomes.(Bissonnette, Gilles)
May 29, 2020 Opinion or Order Filing 176 ORDER Re: Public Access Findings for May 29, 2020 Hearing. So Ordered by Chief Judge Landya B. McCafferty.(gla)
May 28, 2020 Filing 175 Exhibit List of Petitioners for May 29, 2020 Hearing by Robson Xavier Gomes.(Bissonnette, Gilles)
May 28, 2020 Filing 174 Federal Respondents' Exhibit List for May 29, 2020 Evidentiary Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
May 28, 2020 Filing 173 Final Witness List of Petitioners for May 29, 2020 Hearing by Robson Xavier Gomes. (Bissonnette, Gilles)
May 28, 2020 Filing 172 Final Witness List from Respondents for May 29, 2020 Evidentiary Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. (Cohen, Frances)
May 27, 2020 Filing 171 STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Weekly Status Report (5.20.20 - 5.27.20)(Ollila, Terry)
May 27, 2020 Filing 170 NOTICE of Transfer for Purposes of Removal by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 27, 2020 Opinion or Order ENDORSED ORDER granting #166 Motion to Exceed page limit for Petitioners' consolidated brief (i) objecting to Respondents motion to dismiss [DN 128], (ii) replying to Respondents objection to motion for class certification [DN 129], and (iii) replying to Respondents objection to motion for preliminary injunction [DN 130]. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla)
May 26, 2020 Filing 169 REPLY to Objection to Motion re #7 MOTION for Preliminary Injunction and Motion for Expedited Discovery filed by Robson Xavier Gomes. Surreply due by 6/1/2020. (Bissonnette, Gilles)
May 26, 2020 Filing 168 REPLY to Objection to Motion re #14 MOTION to Certify Class and Appointment of Class Counsel filed by Robson Xavier Gomes. Surreply due by 6/1/2020. (Bissonnette, Gilles)
May 26, 2020 Filing 167 OBJECTION to #128 MOTION to Dismiss for Failure to State a Claim filed by Robson Xavier Gomes. Follow up on Reply on 6/2/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bissonnette, Gilles)
May 26, 2020 Filing 166 Assented to MOTION to Exceed page limit for Petitioners' consolidated brief (i) objecting to Respondents motion to dismiss [DN 128], (ii) replying to Respondents objection to motion for class certification [DN 129], and (iii) replying to Respondents objection to motion for preliminary injunction [DN 130] filed by Robson Xavier Gomes.(Bissonnette, Gilles)
May 26, 2020 Filing 165 NOTICE of Transfer for Removal Purposes re: Tharushan Nirmalachandran by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 26, 2020 Opinion or Order Filing 164 ORDER RE: SOUVANNA PHACHANSIRI. Accordingly, it is ORDERED that the petitioner remain detained pending a ruling on the habeas petition. So Ordered by Chief Judge Landya B. McCafferty.(js)
May 26, 2020 Filing 163 TRANSCRIPT of Proceedings for MOTION HEARING BEFORE THE HONORABLE LANDYA B. McCAFFERTY VIA VIDEOCONFERENCE held on May 18, 2020. Court Reporter: Liza W. 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 6/16/2020. Redacted Transcript Follow Up 6/26/2020. Release of Transcript Restriction set for 8/21/2020.(js)
May 22, 2020 Filing 162 NOTICE of Transfer for Removal Purposes by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 22, 2020 Filing 161 Assented to MOTION to Extend Time to Object/Respond to #130 Objection to Motion, #128 MOTION to Dismiss for Failure to State a Claim , #129 Objection to Motion, to May 26, 2020 filed by Robson Xavier Gomes.(Bissonnette, Gilles)
May 22, 2020 Opinion or Order Filing 160 ORDER Re: Public Access Findings for Souvanna Phachansiri (Bail Hearing). So Ordered by Chief Judge Landya B. McCafferty. (gla)
May 22, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/22/2020 re: Bail Hearing via video conference for Souvanna Phachansiri. The government respondents have met their burden on the dangerousness prong. Mr. Phachansiri shall be detained. (Court Reporter: Brenda Hancock) (Pltfs Atty: Emily White) (Defts Atty: Terry Ollila)(Total Hearing Time: 42 minutes) (de)
May 22, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SEALED TELEPHONE CONFERENCE re: Souvanna Phachansiri held on 5/22/2020. (Court Reporter: Brenda Hancock) (Pltfs Atty: Emily White, SangYeob Kim, Ronald Abramson, John Newman) (Defts Atty: Terry Ollila)(Total Hearing Time: 6 minutes) (de)
May 22, 2020 Opinion or Order ENDORSED ORDER granting #161 Assented to Motion to Extend Time to Object/Respond re #128 Motion to Dismiss for Failure to State a Claim and Objections. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection and Reply on 5/26/2020. (de)
May 21, 2020 Filing 159 Exhibit Revised Exhibit List re S Phachansiri by Robson Xavier Gomes.(White, Emily)
May 21, 2020 Filing 158 NOTICE of Amended Notice of Transfer for Removal by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 21, 2020 Filing 157 Exhibit Petitioner Plaintiffs List of Exhibit Involving Souvanna Phachansiri by Robson Xavier Gomes.(White, Emily)
May 21, 2020 Opinion or Order Filing 156 ORDER granting in part and denying in part #122 Motion for Relief as to 8 to 10 Detainees to be Transferred out of Strafford County Department of Corrections; denying #132 Motion for Preliminary Injunction. Petitioner's request for discovery #133 is moot. So Ordered by Chief Judge Landya B. McCafferty.(gla)
May 21, 2020 Filing 155 NOTICE of Transfer for Removal by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 21, 2020 NOTICE of Hearing. Special Hearing set for 5/22/2020 at 12:15 PM before Chief Judge Landya B. McCafferty. Bail Hearings via video conference for Souvanna Phachansiri.(de) Modified on 6/11/2020 to remove: Juan Guerrero Montero (removed from hearing list @ counsel's request) (de).
May 20, 2020 Opinion or Order Filing 154 ORDER re Medical Evidence. So Ordered by Chief Judge Landya B. McCafferty. (gla)
May 20, 2020 Opinion or Order Filing 153 ORDER Setting Conditions of Release Relative to Release of Individual Class Member Waldemar Kaminski. So Ordered by Chief Judge Landya B. McCafferty.(de) (Additional attachment(s) added on 5/20/2020: #1 UNREDACTED VERSION OF ORDER/CONDITIONS) (de).
May 20, 2020 Filing 152 Exhibit List Involving Souvanna Phachansiri by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 20, 2020 Filing 151 STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Weekly Status Report (5.13.20 - 5.20.20)(Ollila, Terry)
May 20, 2020 Opinion or Order Filing 150 ORDER Setting Conditions of Release Relative to Release of Individual Class Member Adekunle Adeyanju. So Ordered by Chief Judge Landya B. McCafferty. (Attachments: #1 Signature Page w/Mr. Adeyanju's signature)(de)
May 20, 2020 Opinion or Order Filing 149 ENDORSED ORDER. Text of Order: The court has not yet mastered the creation of the perfect fillable pdf. This version of the fillable pdf template release order fixes the problem with paras 5 & 6. Please use this template going forward. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 20, 2020 Opinion or Order Filing 148 ORDER Re: Public Access Findings for Waldemar Kaminski (Bail Hearing). So Ordered by Chief Judge Landya B. McCafferty.(gla)
May 20, 2020 Opinion or Order ENDORSED ORDER Re: EXHIBITS. Text of Order: The parties have submitted exhibits electronically to the court for review in connection with individual bail hearings held in this case. At the conclusion of each bail hearing, the ID will be stricken on all exhibits submitted by operation of this order unless a timely objection is made during the hearing. For exhibits submitted in individual bail hearings held before the date of this order, any objection to striking the ID shall be filed on the public docket by May 29, 2020. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 20, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. STATUS CONFERENCE with counsel held on 5/20/2020 video conference. (Court Reporter: Susan Bateman) (Pltfs Atty: Gilles Bissonnette) (Defts Atty: Frances Cohen)(Total Hearing Time: 34 minutes) (de)
May 20, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/20/2020 via video conference - Bail Hearing for Waldemar Kaminski. (Sealed telephone portion of bail hearing 9:35 am-10:10 am). The ID was stricken on Respondents' exhibits 1, 4, 5 and 6. Respondents' 2 and 3 remained marked for ID and were not admitted. Court found no evidence of flight or danger. Release order/release conditions reviewed with Mr. Kaminski. (Court Reporter: Susan Bateman) (Pltfs Atty: Ronald Abramson) (Defts Atty: Cam Le)(Total Hearing Time: 1 hour, 28 minutes) (de)
May 20, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SEALED TELEPHONE CONFERENCE for Waldemar Kaminski held on 5/20/2020. (Court Reporter: Susan Bateman) (Pltfs Atty: Ronald Abramson, SangYeob Kim, Gilles Bissonnette, Scott O'Connell) (Defts Atty: Cam Le, Frances Cohen)(Total Hearing Time: 5 minutes) (de)
May 19, 2020 Filing 147 Exhibit Petitioner Waldemar Kaminski's List of Bail Exhibits by Robson Xavier Gomes.(Abramson, Ronald)
May 19, 2020 Filing 146 Assented to MOTION to seal certain exhibits re: Waldemar Kaminski filed by Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary.(de)
May 19, 2020 Filing 145 Waldemar Kaminski Bail Hearing Exhibit List by Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary(Le, Cam)
May 19, 2020 Opinion or Order Filing 144 Attached is the latest fillable pdf for release orders in this case. This version addresses the electronic monitoring issue. Going forward, please use this as our template. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 19, 2020 Filing 143 NOTICE of Attorney Appearance by Kasey A Weiland on behalf of Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary Attorney Kasey A Weiland added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:res), Attorney Kasey A Weiland added to party Strafford County Department of Corrections, Superintendent(pty:res), Attorney Kasey A Weiland added to party US Department of Homeland Security, Acting Secretary(pty:res).(Weiland, Kasey)
May 19, 2020 Filing 142 NOTICE of Attorney Appearance by Anna Dronzek on behalf of Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary Attorney Anna Dronzek added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:res), Attorney Anna Dronzek added to party Strafford County Department of Corrections, Superintendent(pty:res), Attorney Anna Dronzek added to party US Department of Homeland Security, Acting Secretary(pty:res).(Dronzek, Anna)
May 19, 2020 NOTICE of Hearing. Special Hearing - Bail Hearing for Waldemar Kaminski - set for 5/20/2020 at 09:15 AM before Chief Judge Landya B. McCafferty.(de)
May 18, 2020 Filing 141 TRANSCRIPT of Proceedings for Telephone Conference Hearing held on 5/4/2020. Court Reporter: Susan Bateman, Telephone # 603 225-1453. 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 6/8/2020. Redacted Transcript Follow Up 6/18/2020. Release of Transcript Restriction set for 8/13/2020.(de)
May 18, 2020 Filing 140 NOTICE of Attorney Appearance by Timothy C. Ayer on behalf of Robson Xavier Gomes Attorney Timothy C. Ayer added to party Robson Xavier Gomes(pty:pet).(Ayer, Timothy)
May 18, 2020 Filing 139 RESPONSE re #133 Addendum filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. (Attachments: #1 Exhibit A - Email Correspondence - REDACTED)(Cohen, Frances)
May 18, 2020 Filing 138 Rommel Alexander Chavez Bail Hearing Exhibits by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Rabuck, Robert)
May 18, 2020 Opinion or Order Filing 137 ORDER Re: Public Access Findings for May 18, 2020 Motion Hearing. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 18, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. MOTION HEARING held on 5/18/2020. (Court Reporter: Liza Dubois) (Pltfs Atty: Gilles Bissonnette, Nathan Warecki, SangYeob Kim) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 2 hours, 57 minutes) (de)
May 18, 2020 NOTICE of Hearing re: #123 Order. Evidentiary Hearing set for 5/29/2020 at 12:30 PM before Chief Judge Landya B. McCafferty.(de)
May 17, 2020 Opinion or Order ENDORSED ORDER granting #127 Assented to Motion to Exceed Page Limit. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 17, 2020 Filing 136 REPLY to Objection to Motion re #122 Emergency MOTION FOR RELIEF AS TO 8 TO 10 DETAINEES TO BE TRANSFERRED OUT OF THE STRAFFORD COUNTY DEPARTMENT OF CORRECTIONS ON MAY 19, 2020 filed by Robson Xavier Gomes. Surreply due by 5/22/2020. (Bissonnette, Gilles)
May 17, 2020 Filing 135 OBJECTION to #122 Emergency MOTION FOR RELIEF AS TO 8 TO 10 DETAINEES TO BE TRANSFERRED OUT OF THE STRAFFORD COUNTY DEPARTMENT OF CORRECTIONS ON MAY 19, 2020 filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. Follow up on Reply on 5/26/2020. 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) Declaration of Alan Greenbaum)(Cohen, Frances)
May 17, 2020 Filing 134 NOTICE of Corrected Seventy-Two Hour Notice of Transfer of Petitioners by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 17, 2020 Filing 133 Addendum/ to #132 Emergency MOTION for Preliminary Injunction AND ADDITIONAL, EXPEDITED DISCOVERY (LISTING DISCOVERY REQUESTED) by Robson Xavier Gomes. (Bissonnette, Gilles)
May 17, 2020 Opinion or Order ENDORSED ORDER. Text of Order: A flurry of new motions have been filed over the weekend. Among other things, petitioners seek a court order prohibiting ICE from transferring detainees out of the SCHOC. Petitioners have not cited a single case giving this court that kind of authority. Nonetheless, the court has an ongoing case involving the 8 detainees who are subject to a May 19 transfer to a new facility. At the hearing tomorrow, respondents shall be prepared to provide answers to the following two threshold questions: (1) How many ICE detainees have been transferred into SCHOC since, April 17, 2020, the date of the filing of the First Amended Petition in this lawsuit? Please list the numbers by date between April 17 through May 17, 2020. The court is not interested in knowing the numbers of the short-term detainees who come to SCHOC on a Thursday and are removed the next Tuesday (and are quarantined the entire time they are housed at SCHOC). Rather, the court is interested in knowing the numbers of detainees who remain housed in the SCHOC after their transfer. (2) With respect to the facility (or facilities) to which the 8 detainees are being transferred, what is the current percentage capacity of those facilities? That is, SCHOC is currently at a 64% capacity; what is the corresponding percentage at the new facility (or facilities)? So Ordered by Chief Judge Landya B. McCafferty.(de)
May 16, 2020 Filing 132 Emergency MOTION for Preliminary Injunction AND ADDITIONAL, EXPEDITED DISCOVERY filed by Robson Xavier Gomes. HEARING REQUESTED.Follow up on Objection on 6/1/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
May 16, 2020 Filing 131 Addendum/ to #122 Emergency MOTION FOR RELIEF AS TO 8 TO 10 DETAINEES TO BE TRANSFERRED OUT OF THE STRAFFORD COUNTY DEPARTMENT OF CORRECTIONS ON MAY 19, 2020 by Robson Xavier Gomes. (Bissonnette, Gilles)
May 15, 2020 Filing 130 OBJECTION to #7 MOTION for Preliminary Injunction and Motion for Expedited Discovery filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. Follow up on Reply on 5/22/2020. 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 Memorandum of Law)(Cohen, Frances)
May 15, 2020 Filing 129 OBJECTION to #14 MOTION to Certify Class and Appointment of Class Counsel filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. Follow up on Reply on 5/22/2020. 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 Memorandum of Law)(Cohen, Frances)
May 15, 2020 Filing 128 MOTION to Dismiss for Failure to State a Claim filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.Follow up on Objection on 5/29/2020. 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 Memorandum of Law)(Cohen, Frances)
May 15, 2020 Filing 127 Assented to MOTION to Exceed Page Limitation filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 15, 2020 Filing 126 NOTICE of Removal of 5 Civil Immigration Detainees by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 15, 2020 Filing 125 NOTICE of Transfer of 9 Civil Immigration Detainees by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 15, 2020 Filing 124 NOTICE by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 15, 2020 Opinion or Order ENDORSED ORDER RE #122 Emergency MOTION FOR RELIEF AS TO 8 TO 10 DETAINEES TO BE TRANSFERRED OUT OF THE STRAFFORD COUNTY DEPARTMENT OF CORRECTIONS ON MAY 19, 2020. Text of Order: Petitioners have filed an emergency motion seeking to stop the transfer of 8-10 detainees from SCHOC to another detention facility for non-removal purposes. See doc. no. 122. At this time, neither respondents nor the court know which detainees may be transferred. Before additional petitioners were added to the case, and the court provisionally certified detainees at SCHOC as a class, see doc. no. 50, the court ordered respondents to provide the court with advance notice of the removal or transfer of petitioner Gomes out of the court's jurisdiction. See doc. no. 2. The court extends a notice requirement to all provisional class members. Accordingly, going forward, respondents shall provide the court with at least 72 hours advance notice of any scheduled removal or transfer of any civil immigration detainee at SCHOC out of the jurisdiction for non-removal purposes. Additionally, because the court has held that high-risk detainees are eligible for bail hearings, see doc. nos. 52, 123, the court orders respondents to immediately notify the court if the SCHOC, ICE, or any other medical records in respondents' custody or control indicates that a civil immigration detainee at SCHOC has a condition that makes them a high-risk detainee. A video hearing on petitioners' Emergency Motion for Relief (doc. no. 122) shall take place at 9 a.m. on Monday, May 18, 2020. To the extent respondents intend to object to the motion, they shall file that objection on an expedited basis. So Ordered by Chief Judge Landya B. McCafferty.Motion Hearing set VIA VIDEO CONFERENCE for 5/18/2020 09:00 AM before Chief Judge Landya B. McCafferty.(js)
May 14, 2020 Opinion or Order Filing 123 ORDER re #9 Motion for Expedited Bail Hearings granting bail hearings for high-risk detainees but taking under advisement question of bail hearings for lower-risk detainees. Further hearing on May 29, 2020. So Ordered by Chief Judge Landya B. McCafferty.(gla)
May 14, 2020 Filing 122 Emergency MOTION FOR RELIEF AS TO 8 TO 10 DETAINEES TO BE TRANSFERRED OUT OF THE STRAFFORD COUNTY DEPARTMENT OF CORRECTIONS ON MAY 19, 2020 filed by Robson Xavier Gomes.Follow up on Objection on 5/28/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bissonnette, Gilles)
May 14, 2020 Filing 121 NOTICE of Attorney Appearance by Cam T. Le on behalf of Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary Attorney Cam T. Le added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:res), Attorney Cam T. Le added to party Strafford County Department of Corrections, Superintendent(pty:res), Attorney Cam T. Le added to party US Department of Homeland Security, Acting Secretary(pty:res).(Le, Cam)
May 14, 2020 Opinion or Order ENDORSED ORDER. Text of Order: Counsel for petitioners have communicated via email today with the court's case manager about certain concerns related to ICE's impending transfer of detainees. To the extent petitioners intend the court to take legal action related to these concerns, a formal motion shall be filed. In such motion, counsel shall brief the court's authority in the context of a petition for a writ of habeas corpus to issue an injunction of the type they appear to seek here: preventing respondents from transferring petitioners out of this facility. Going forward, legal disputes shall be aired on the docket in the form of a motion and in accordance with local rules. Email correspondence is best left for procedural and scheduling matters. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 14, 2020 Deadline terminated: Special Hearing/Bail Hearing for Wilkin Guerrero Villar 05/15/2020 cancelled at notice/request of the Petitioners. (de)
May 13, 2020 Filing 120 Gomes Exhibit List for Bail Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Rabuck, Robert)
May 13, 2020 Filing 119 STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Weekly Status Report(Ollila, Terry)
May 13, 2020 Opinion or Order Filing 118 ORDER Setting Conditions of Release Relative to Release of Individual Class Member Marcus Giotto. So Ordered by Chief Judge Landya B. McCafferty.(de) (Additional attachment(s) added on 5/13/2020: #1 UNREDACTED VERSION OF ORDER/CONDITIONS) (de).
May 13, 2020 Opinion or Order Filing 117 ORDER Re: Public Access Findings for Marcus Giotto (Bail Hearing). So Ordered by Chief Judge Landya B. McCafferty.(de)
May 13, 2020 Deadline terminated: Special Hearing 05/14/2020 cancelled - the parties have informed the court that they do not have any bail hearings to schedule for May 14, 2020. (de)
May 13, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/13/2020 via video conference re: Bail Hearing for Marcus Giotto. As discussed on the record, the government has not met its burden. Release order reviewed with Mr. Giotto and to be issued. (Court Reporter: Brenda Hancock) (Pltfs Atty: Michael Strauss) (Defts Atty: Terry Ollila)(Total Hearing Time: 46 minutes) (de)
May 13, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE CONFERENCE (SEALED) held on 5/13/2020 re: Marcus Giotto. (Court Reporter: Brenda Hancock) (Pltfs Atty: Michael Strauss, SangYeob Kim, Nathan Warecki, Gilles Bissonnette, W. Scott O'Connell) (Defts Atty: Frances Cohen, Terry Ollila)(Total Hearing Time: 12 minutes) (de)
May 13, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. STATUS CONFERENCE via video conference held on 5/13/2020. Brief discussion with counsel re: template release order and other case/administrative matters. (Court Reporter: Brenda Hancock) (Pltfs Atty: SangYeob Kim) (Defts Atty: Frances Cohen, Terry Ollila)(Total Hearing Time: 25 minutes) (de)
May 12, 2020 Filing 116 TRANSCRIPT of Proceedings for Evidentitiary Hearing (Afternoon) held on 5/1/2020. Court Reporter: Brenda Hancock, Telephone # 603 225-1454. 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 6/2/2020. Redacted Transcript Follow Up 6/12/2020. Release of Transcript Restriction set for 8/7/2020.(de)
May 12, 2020 Filing 114 NOTICE of Exhibit List on behalf of Marcus Giotto by Robson Xavier Gomes.(Strauss, Michael)
May 12, 2020 Filing 113 Exhibit List Involving Marcus Giotto to Notice of Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 12, 2020 Opinion or Order Filing 112 ORDER Re: Max Lagroand Gbetibouo. Accordingly, it is ORDERED that the petitioner remain detained pending a ruling on the habeas petition. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 12, 2020 Opinion or Order Filing 111 ORDER Re: Francis Villar. Accordingly, it is ORDERED that the petitioner remain detained pending a ruling on the habeas petition. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 12, 2020 Opinion or Order Filing 110 Attached to this docket entry is the template for release orders in this case. Counsel are still using an older version. Going forward, please use this form. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 12, 2020 Opinion or Order Filing 109 ORDER Re: Public Access Findings for Max Gbetibouo (Bail Hearing). So Ordered by Chief Judge Landya B. McCafferty.(de)
May 12, 2020 Opinion or Order Filing 108 ORDER Re: Public Access Findings for Francis Villar (Bail Hearing). So Ordered by Chief Judge Landya B. McCafferty.(de)
May 12, 2020 NOTICE of Hearing. Special Hearing - Bail Hearing for Marcus Giotto set for 5/13/2020 at 09:15 AM via video conference before Chief Judge Landya B. McCafferty.(de)
May 12, 2020 NOTICE of Hearing. BAIL Hearings set for 5/12/2020 at 09:15 AM via video conference for Francis Villar and Max Gbetibouo before Chief Judge Landya B. McCafferty. Interpreter Patricia Bluestein has been scheduled for Francis Villar.(de) Modified on 5/12/2020 to add: via video conference (de).
May 12, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE CONFERENCE (Sealed) held on 5/12/2020 for Francis Villar (Interpreter: Patricia Bluestein). (Court Reporter: Susan Bateman) (Pltfs Atty: Laurel Gilbert, SangYeob Kim, Gilles Bissonnette, Nathan Warecki, Scott O'Connell) (Defts Atty: Frances Cohen, Georgiana Konesky, Terry Ollila)(Total Hearing Time: 7 minutes) (de)
May 12, 2020 NOTICE of Hearing. Special Hearing - Bail Hearing for Wilkin Guerrero Villar (Interpreter Patricia Bluestein has been scheduled) set for 5/15/2020 at 09:15 AM via video conference before Chief Judge Landya B. McCafferty.(de) Modified on 5/12/2020 to add: via video conference (de). Modified on 5/14/2020 to update TBD to Wilkin Guerrero Villar and add interpreter information (de).
May 12, 2020 NOTICE of Hearing. Special Hearing - Bail Hearings (To Be Determined) set for 5/14/2020 at 09:30 AM via video conference before Chief Judge Landya B. McCafferty.(de)
May 12, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/12/2020 via video conference re: Bail Hearing for Max Gbetibouo. Government has met its burden. Order to issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Henry Quillen) (Defts Atty: John Davis)(Total Hearing Time: 43 minutes) (de)
May 12, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. STATUS CONFERENCE W/Counsel via video conference held on 5/12/2020. (Court Reporter: Susan Bateman) (Pltfs Atty: SangYeob Kim) (Defts Atty: Frances Cohen, Terry Ollila)(Total Hearing Time: 24 minutes) (de)
May 12, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/12/2020 via video conference re: Bail Hearing for Francis Villar (Interpreter sworn: Patricia Bluestein). The government has met its burden as to risk of flight. Order to issue. (Court Reporter: Susan Bateman) (Pltfs Atty: Laurel Gilbert) (Defts Atty: Georgiana Konesky)(Total Hearing Time: 42 minutes) (de) Modified on 5/12/2020 to add: as to risk of flight (de).
May 11, 2020 Filing 115 TRANSCRIPT of Proceedings for Evidentiary Hearing (Morning) held on 5/1/2020. 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 6/1/2020. Redacted Transcript Follow Up 6/11/2020. Release of Transcript Restriction set for 8/6/2020.(de)
May 11, 2020 Filing 107 NOTICE of Proposed Bail Conditions for Francis Villar by Robson Xavier Gomes.(Gilbert, Laurel)
May 11, 2020 Filing 106 Exhibit List for Francis Villar by Robson Xavier Gomes.(Gilbert, Laurel)
May 11, 2020 Filing 105 NOTICE of Proposed Bail Conditions for Max Gbetibouo (Amended, Public Version) by Robson Xavier Gomes.(Quillen, Henry)
May 11, 2020 Filing 104 Exhibit List (Amended) for Max Lagroand Gbetibouo by Robson Xavier Gomes.(Quillen, Henry)
May 11, 2020 Filing 103 Villar Bail Hearing Exhibit List by Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary(Konesky, Georgiana)
May 11, 2020 Filing 102 Exhibit List (Amended) by Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary. Attorney John S. Davis added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:res), Attorney John S. Davis added to party Strafford County Department of Corrections, Superintendent(pty:res).(Davis, John)
May 11, 2020 Opinion or Order Filing 101 ORDER SETTING CONDITIONS OF RELEASE RELATIVE TO RELEASE OF INDIVIDUAL CLASS MEMBER Zeike Alexander Reyes Pujols. So Ordered by Chief Judge Landya B. McCafferty.(de) (Additional attachment(s) added on 5/11/2020: #1 UNREDACTED VERSION OF ORDER/CONDITIONS) (de).
May 11, 2020 Filing 100 NOTICE of Attorney Appearance by Georgiana L. Konesky on behalf of Immigration and Customs Enforcement, Acting Field Office Director, Strafford County Department of Corrections, Superintendent, US Department of Homeland Security, Acting Secretary Attorney Georgiana L. Konesky added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:res), Attorney Georgiana L. Konesky added to party Strafford County Department of Corrections, Superintendent(pty:res), Attorney Georgiana L. Konesky added to party US Department of Homeland Security, Acting Secretary(pty:res).(Konesky, Georgiana)
May 11, 2020 Filing 99 Exhibit to ECF - Filing Error - Action Required, Notice of Hearing by Robson Xavier Gomes., Proposed Bail Conditions for Zeike Alexander Reyes Pujols by Robson Xavier Gomes(Kim, SangYeob)
May 11, 2020 Opinion or Order Filing 98 ORDER Re: Public Access Findings for Zeike Alexander Reyes Pujols. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 11, 2020 Opinion or Order Filing 97 ORDER Re: Public Access Findings for Max Gbetibouo. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 11, 2020 Filing 96 NOTICE of Proposed Bail Conditions for Zeike Alexander Reyes Pujols by Robson Xavier Gomes.(Kim, SangYeob)
May 11, 2020 Filing 95 NOTICE of Proposed Bail Conditions for Max Gbetibouo by Robson Xavier Gomes.(Quillen, Henry)
May 11, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/11/2020 re: Bail Hearing for Zeike Alexander Reyes Pujols. Order of release to issue/issued; all release conditions reviewed. Interpreter: Patricia Bluestein. (Court Reporter: Liza Dubois) (Pltfs Atty: Cathy Green) (Defts Atty: Seth Aframe)(Total Hearing Time: 45 minutes) (de) Modified on 5/11/2020 to add: Interpreter Information (de).
May 11, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE CONFERENCE (Sealed) held on 5/11/2020 for Zeike A. Reyes Pujols [Interpreter Patricia Bluestein] and Max Gbetibouo. (Court Reporter: Liza Dubois) (Pltfs Atty: SangYeob Kim, Cathy Green, Henry Quillen, Gilles Bissonette, Nathan Warecki) (Defts Atty: Frances Cohen, John Davis, Seth Aframe)(Total Hearing Time: 20 minutes) (de)
May 11, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. STATUS CONFERENCE re: Julian Cruz-Lainez held on 5/11/2020 (counsel only). Parties updated court since bail hearing continued on 5/8. (Court Reporter: Liza Dubois) (Pltfs Atty: SangYeob Kim, Marx Calderon) (Defts Atty: Frances Cohen)(Total Hearing Time: 9 minutes) (de)
May 11, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/11/2020 - Bail Hearing for Max Gbetibouo. Hearing continued at the request of petitioners for the reasons as stated on the record at today's hearing. (Court Reporter: Liza Dubois) (Pltfs Atty: Henry Quillen) (Defts Atty: John Davis)(Total Hearing Time: 8 minutes) (de)
May 11, 2020 NOTICE of ECF Filing Error re: #95 Notice (Other), #96 Notice (Other). Counsel shall refile these documents - it is unclear which fields were completed; counsel should print/convert to pdf and save before filing and then re-file. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.Compliance Deadline set for 5/11/2020.(de)
May 10, 2020 Filing 94 Exhibit List for Max Lagroand Gbetibouo by Robson Xavier Gomes.(Quillen, Henry)
May 10, 2020 Filing 93 Exhibit List by US Department of Homeland Security, Acting Secretary.(Davis, John)
May 10, 2020 Filing 92 NOTICE of Attorney Appearance by John S. Davis on behalf of US Department of Homeland Security, Acting Secretary Attorney John S. Davis added to party US Department of Homeland Security, Acting Secretary(pty:res).(Davis, John)
May 10, 2020 Filing 91 Zeike Reye Pujols - Exhibit List by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
May 10, 2020 Filing 90 Exhibit List for Zeike Alexander Reyes Pujols by Robson Xavier Gomes.(Kim, SangYeob)
May 10, 2020 NOTICE of Hearing. BAIL HEARINGS for Zeike Alexander Reyes Pujols AND Max Lagroand Gbetibouo set for 5/11/2020 at 09:30 AM via video conference before Chief Judge Landya B. McCafferty. Interpreter Patricia Bluestein has been scheduled.(de)
May 9, 2020 Opinion or Order ENDORSED ORDER. Text of Order: On Friday, May 8, 2020, the court ordered counsel for both sides to propose additional conditions to the courts template bail order (a fillable PDF with numerous options for the court to impose depending on the individual detainee). Under the circumstances, the court permitted this to be submitted via email over the weekend to the courts case manager. Counsel for the petitioners communicated this afternoon that they had no additional suggestions. Rather than make suggestions to the template bail order via email, counsel for respondents raised a legal objection to a section of the courts bail order. The section of the bail order to which respondents object prohibits ICE from arresting a petitioner while on release in this case unless arrested on a warrant from a federal judge or pursuant to an order of removal to occur within 2 weeks. To be clear, the court put on the record during the first bail hearing in this case where the court released a petitioner that it intended to include this re-arrest condition in the courts bail order. The court explained to counsel that it was borrowing the re-arrest provision from Judge Youngs bail order in Savino. The court does not recall the government raising an objection at that time; indeed, the government raised objections for the first time on Friday, and now via an email on todays date. To the extent respondents intend to raise a legal objection to the re-arrest provision in the courts release order, respondents must do so in a written filing so that petitioners may properly respond. Any such motion shall be filed on or before this evening, May 9, 2020 at midnight. Petitioners shall file any response on or before tomorrow, May 10, 2020, at 3 p.m. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 8, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE CONFERENCE (Sealed) held on 5/8/2020 for Anthony George-Hamilton, Julian Cruz-Lainez, Francis Mejia Gonzlaez re: med. information. Interpreter: Patricia Bluestein. (Court Reporter: Brenda Hancock) (Pltfs Atty: Ronald Abramson, Marx Calderon, Colin Missett) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 35 minutes) (de)
May 8, 2020 Filing 89 Exhibit List For Rommel Chavez's Bail Hearing to Notice of Hearing by Robson Xavier Gomes.(Kim, SangYeob)
May 8, 2020 Filing 88 Exhibit List For Aung Myo Thet's Bail Hearing to Notice of Hearing by Robson Xavier Gomes.(Kim, SangYeob)
May 8, 2020 Filing 87 Exhibit List For Ernest Nsai's Bail Hearing to Notice of Hearing by Robson Xavier Gomes.(Kim, SangYeob)
May 8, 2020 Opinion or Order Filing 86 ORDER SETTING CONDITIONS OF RELEASE RELATIVE TO RELEASE OF INDIVIDUAL CLASS MEMBER ANTHONY GEORGE-HAMILTON. So Ordered by Chief Judge Landya B. McCafferty.[Counsel shall have Petitioner George-Hamilton sign conditions and submit to clerk's office].(de) (Additional attachment(s) added on 5/8/2020: #1 UNREDACTED VERSION OF ORDER/CONDITIONS) (de). (Additional attachment(s) added on 5/11/2020: #2 SIGNED COPY - SIGNED BY MR. GEORGE-HAMILTON) (de).
May 8, 2020 Filing 85 Exhibit List Involving Elizier Goncalves De Matos to #51 Order, Special Hearing,, by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 8, 2020 Filing 84 Exhibit List to #55 Order, Notice of Hearing, #69 Order, by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 8, 2020 Filing 83 Exhibit List to #63 Order, #72 Order, Notice of Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 8, 2020 Filing 82 Exhibit List to Notice of Hearing by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 8, 2020 Filing 81 Anthony George Hamilton Bail Hearing Exhibit List by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
May 8, 2020 Filing 80 Parties' PROPOSED Order setting conditions of release re Anthony George Hamilton by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Rabuck, Robert) Modified on 5/8/2020 to add: Proposed (de).
May 8, 2020 Filing 79 NOTICE of Covid-19 Test by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 8, 2020 Opinion or Order Filing 78 ORDER Re: Public Access Findings for Francis Mejia Gonzalez. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 8, 2020 Filing 77 Exhibit List in support of bail application of Robson Xavier Gomes by Robson Xavier Gomes.(Newman, John)
May 8, 2020 Opinion or Order Filing 76 ORDER Re: Public Access Findings for Julian Cruz-Lainez. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 8, 2020 Opinion or Order Filing 75 ORDER Re: Public Access Findings for Anthony George-Hamilton. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 7, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/7/2020 re: Bail Hearing for Robson Xavier Gomes. To be released on conditions. (Court Reporter: Susan Bateman) (Pltfs Atty: John Newman) (Defts Atty: Robert Rabuck)(Total Hearing Time: 45 minutes) (de)
May 7, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/7/2020 re: Bail Hearing for Ernest Nsai. To be released on conditions. (Court Reporter: Susan Bateman) (Pltfs Atty: SangYeob Kim) (Defts Atty: Terry Ollila)(Total Hearing Time: 50 minutes) (de)
May 7, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. SPECIAL HEARING held on 5/7/2020 re: Bail Hearing for Rommel Chavez. Request for release denied. Order to issue/issued. (Court Reporter: Susan Bateman) (Pltfs Atty: SangYeob Kim) (Defts Atty: Robert Rabuck)(Total Hearing Time: 35 minutes) (de)
May 7, 2020 Filing 74 Exhibit List in Support of the Bail Application of Francis Yermin Mejia Gonzalez by Robson Xavier Gomes.(Missett, Colin)
May 7, 2020 Opinion or Order Filing 73 ORDER SETTING CONDITIONS OF RELEASE RELATIVE TO RELEASE OF INDIVIDUAL CLASS MEMBER ROBSON XAVIER GOMES. So Ordered by Chief Judge Landya B. McCafferty.[Counsel shall have Petitioner Gomes sign conditions and submit to clerk's office].(de)
May 7, 2020 Opinion or Order Filing 72 ORDER SETTING CONDITIONS OF RELEASE RELATIVE TO RELEASE OF INDIVIDUAL CLASS MEMBER ERNEST NSAI. So Ordered by Chief Judge Landya B. McCafferty. [Counsel shall have Petitioner Nsai sign conditions and submit to clerk's office].(de)
May 7, 2020 Filing 71 Exhibit List for Anthony George Hamilton by Robson Xavier Gomes.(Abramson, Ronald)
May 7, 2020 Filing 70 Julian Cruz-Lainez's exhibit list by Robson Xavier Gomes(Calderon, Marx)
May 7, 2020 Opinion or Order Filing 69 ORDER SETTING CONDITIONS OF RELEASE RELATIVE TO RELEASE OF INDIVIDUAL CLASS MEMBER AUNG MYO THET. So Ordered by Chief Judge Landya B. McCafferty. [Counsel shall have Petitioner Thet sign conditions and submit to clerk's office].(de) (Additional attachment(s) added on 5/10/2020: #1 SIGNED COPY - SIGNED BY MR. THET) (de).
May 7, 2020 Filing 68 Cruz Lainez bail hearing exhibit list by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
May 7, 2020 Filing 67 Mejia Gonzalez bail hearing exhibit list by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
May 7, 2020 Filing 66 NOTICE of Attorney Appearance by Marx Calderon on behalf of Robson Xavier Gomes Attorney Marx Calderon added to party Robson Xavier Gomes(pty:pet).(Calderon, Marx)
May 7, 2020 Opinion or Order Filing 65 ORDER Re: Rommel Chavez. Accordingly, it is ORDERED that the petitioner remain detained pending a ruling on the habeas petition. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 7, 2020 Filing 64 NOTICE of Attorney Appearance by Colin Missett on behalf of Robson Xavier Gomes Attorney Colin Missett added to party Robson Xavier Gomes(pty:pet).(Missett, Colin)
May 7, 2020 Opinion or Order Filing 63 ORDER Re: Public Access Findings Ernest Nsai Bail Hearing. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 7, 2020 Opinion or Order Filing 62 ORDER Re: Public Access Findings for Robson Xavier Gomes Bail Hearing. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 7, 2020 Opinion or Order Filing 61 ORDER Re: Public Access Findings for Rommel Chavez. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 7, 2020 Opinion or Order ENDORSED ORDER. Text of Order: On or before 5 p.m. on today's date, counsel shall submit the proposed bail orders for the four detainees that the court has ordered released. If counsel need an extension of time and that extension is assented-to, simply request that with my case manager via email. To help clarify the process regarding bail hearings and the imposition of bail conditions, the court issues the following two orders. 1.) Going forward, counsel shall submit proposed bail orders no later than 30 minutes before the start of the scheduled video bail hearing. If multiple bail hearings are scheduled for the same block of time, counsel shall submit proposed bail orders for each/ALL detainee(s) 30 minutes before the start of the first hearing. 2.) On or before Monday, May 11, 2020, counsel shall propose a template bail order for the Gomes bail hearings going forward. That template order should contain all of the conditions of release common to each releasee in this Gomes litigation, and shall also include a list of other potential conditions (such as those commonly issued by ICE when it releases someone in its custody) for the court to consider and edit as necessary. The court anticipates that the list of optional conditions would be over-inclusiveand allow for more severe monitoring for the appropriate detainee. Were counsel to include a blank checkbox next to the specific condition (much like that on the courts template release order in criminal cases), such a template would permit the court to put a checkmark in the box to indicate that it is imposing that condition in the specific case. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 6, 2020 Filing 60 NOTICE of Hearing. BAIL HEARINGS for Francis Mejia Gonzalez, Julian Cruz-Lainez, and Anthony George-Hamilton set VIA VIDEO CONFERENCE for 5/8/2020 09:30 AM before Chief Judge Landya B. McCafferty.(js) Modified on 5/7/2020 to add: Document number was entered in error. There is no document associated with this entry. (gla).
May 6, 2020 Filing 59 NOTICE of Weekly Status Report by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Ollila, Terry)
May 6, 2020 Filing 58 NOTICE of Attorney Appearance by Emily Assunta White on behalf of Robson Xavier Gomes Attorney Emily Assunta White added to party Robson Xavier Gomes(pty:pet).(White, Emily)
May 6, 2020 Filing 57 NOTICE of Attorney Appearance by Cathy J. Green on behalf of Robson Xavier Gomes Attorney Cathy J. Green added to party Robson Xavier Gomes(pty:pet).(Green, Cathy)
May 6, 2020 NOTICE of Hearing. BAIL HEARINGS for detainees Rommel Chavez, Robson Xavier Gomes, Ernest Nsai set via video conference for 5/7/2020 beginning at 09:30 AM before Chief Judge Landya B. McCafferty.(js)
May 5, 2020 Opinion or Order ENDORSED ORDER granting #54 Motion to Extend Time to Object/Respond to #7 Motion for Preliminary Injunction and #14 Motion to Certify Class, #5 Amended Complaint. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Objection on 5/15/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla)
May 5, 2020 Opinion or Order Filing 56 ORDER RE Public Access Findings for Adekunle Adeyanju Bail Hearing. So Ordered by Chief Judge Landya B. McCafferty.(js)
May 5, 2020 Opinion or Order Filing 55 ORDER RE Public Access Findings for Aung Myo Thet Bail Hearing. So Ordered by Chief Judge Landya B. McCafferty.(js)
May 5, 2020 Filing 54 Assented to MOTION to Extend Time to Object/Respond to #7 MOTION for Preliminary Injunction and Motion for Expedited Discovery, #14 MOTION to Certify Class and Appointment of Class Counsel, #5 Amended Complaint,, to May 15, 2020 filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
May 5, 2020 Opinion or Order ENDORSED ORDER granting #46 Motion for Colin T. Missett 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 Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)
May 5, 2020 Opinion or Order ENDORSED ORDER granting #45 Motion for Marx P. Calderon 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 Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)
May 5, 2020 NOTICE of Hearing. BAIL HEARING for detainee Ang Myo Thet set for 5/5/2020 02:15 PM via video conference before Chief Judge Landya B. McCafferty.(js)
May 5, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. Interpreter sworn: Lune Pieper. Bail Hearing for Aung Myo Thet held on 5/5/2020. Petitioner to be released on conditions. Status conference to be held on 7/1/2020. (Court Reporter: Liza Dubois) (Pltfs Atty: Gilles R. Bissonnette, SangYeob Kim, Nathan P. Warecki, Ronald L. Abramson, John P. Newman, W. Scott O'Connell) (Defts Atty: Frances Susan Cohen, Terry L. Ollila, Robert J. Rabuck)(Total Hearing Time: 50 minutes) (js)
May 5, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. Bail Hearing for Adekunle Adeyanju held on 5/5/2020. Petitioner to be released on conditions. Status conference to be held on 7/1/2020. (Court Reporter: Liza Dubois) (Pltfs Atty: Gilles R. Bissonnette, SangYeob Kim, Nathan P. Warecki, Ronald L. Abramson, John P. Newman, W. Scott O'Connell) (Defts Atty: Frances Susan Cohen, Terry L. Ollila, Robert J. Rabuck)(Total Hearing Time: 50 minutes) (js)
May 5, 2020 NOTICE of Hearing. BAIL HEARING for detainee Adekunle Adeyanju set for 5/5/2020 03:15 PM via video conference before Chief Judge Landya B. McCafferty.(js)
May 4, 2020 Opinion or Order Filing 53 ORDER RE ELIZIER GONCALVES DE MATOS. So Ordered by Chief Judge Landya B. McCafferty.(js)
May 4, 2020 Opinion or Order Filing 52 ORDER RE Medical Information. So Ordered by Chief Judge Landya B. McCafferty.(js)
May 4, 2020 Opinion or Order Filing 51 ORDER Re: Public Access Findings for De Matos Bail Hrg. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 4, 2020 Opinion or Order Filing 50 ORDER. For the following reasons contained herein, the court provisionally certifies the proposed class of all individuals who are now held in civil immigration detention at SCDOC for the purpose of facilitating expedited bail hearings of those individuals. So Ordered by Chief Judge Landya B. McCafferty.(de)
May 4, 2020 Deadlines terminated: Bail Hearingsscheduled on 05/04/2020 at 11:00, 2:00 and 3:30 p.m. today are to be rescheduled. There will be one hearing today at 3:00 p.m. (de)
May 4, 2020 NOTICE of Hearing. Telephone Conference set for 5/4/2020 at 09:00 AM before Chief Judge Landya B. McCafferty. (de)
May 4, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE CONFERENCE held on 5/4/2020. Order(s) to issue. (Court Reporter: Susan Batemen) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, John Newman, W. Scott O'Connell, Ronald Abramson, SangYeob Kim) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 1 hour, 14 minutes) (de)
May 4, 2020 NOTICE of Hearing. Bail Hearing for Elizier Goncalves De Matos set for 5/4/2020 at 03:00 PM via video conference before Chief Judge Landya B. McCafferty.(de)
May 4, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. Interpreter Claudia Azoff sworn. Bail Hearing for Elizier Goncalves De Matos held on 5/4/2020. Petitioner to remain detained, order to issue. (Court Reporter: Brenda K. Hancock) (Pltfs Atty: Gilles R. Bissonnette, SangYeob Kim, Nathan P. Warecki, Ronald L. Abramson, John P. Newman, W. Scott O'Connell) (Defts Atty: Frances Susan Cohen, Terry L. Ollila, Robert J. Rabuck)(Total Hearing Time: 1 hour 10 minutes) (js) Modified on 5/4/2020 to add: Interpreter information(js).
May 3, 2020 NOTICE of Hearing. Bail Hearing for detainee (to be determined) set for 5/4/2020 at 03:30 PM via video conference before Chief Judge Landya B. McCafferty.(de)
May 3, 2020 NOTICE of Hearing. Bail Hearing for detainee (to be determined) set for 5/4/2020 at 02:00 PM via video conference before Chief Judge Landya B. McCafferty.(de)
May 2, 2020 Filing 49 NOTICE of Attorney Appearance by SangYeob Kim on behalf of Robson Xavier Gomes Attorney SangYeob Kim added to party Robson Xavier Gomes(pty:pet).(Kim, SangYeob)
May 2, 2020 NOTICE of Hearing. Bail Hearing for detainee (to be determined) set for 5/4/2020 at 11:00 AM via video conference before Chief Judge Landya B. McCafferty.(de)
May 1, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. EVIDENTIARY HEARING held on 5/1/2020. Witnessess Appearing: Superintendent Christopher Brackett; Bairon Monroy Rosales (Interpreter Margarita Cardenas sworn); Robson Xavier Gomes; Rommel Chavez. ORAL ORDER issued as to most vulnerable and high risk detainees as stated on the record at today's hearing - bail hearings to begin on May 4, 2020 (11:00 a.m., 2:00 p.m., and 3:30 p.m.). Counsel to identify the 3 individuals for bail hearings and notify the clerk's office. FURTHER WRITTEN ORDER TO ISSUE. (Court Reporter: Liza Dubois (AM/Part 1); Brenda Hancock (PM/Part 2)) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, John Newman) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 7 hours, 15 minutes) (Total Hearing Time: 7 hours, 15 minutes) (de) Modified on 5/5/2020 to add: interpreter information (de).
May 1, 2020 Opinion or Order Filing 48 ORDER Re: Public Access Findings. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 30, 2020 Filing 47 JOINT STATEMENT OF MATERIAL FACTS by Robson Xavier Gomes(Bissonnette, Gilles)
April 30, 2020 Filing 46 Assented to MOTION for Colin T. Missett to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1971334.) filed by Robson Xavier Gomes. (Attachments: #1 Exhibit (Affidavit))(Warecki, Nathan)
April 30, 2020 Filing 45 Assented to MOTION for Marx P. Calderon to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1971332.) filed by Robson Xavier Gomes. (Attachments: #1 Exhibit (Affidavit))(Warecki, Nathan)
April 30, 2020 Filing 44 NOTICE of Petitioners' Supplemental Authority by Robson Xavier Gomes. (Attachments: #1 Exhibit A: Zepeda Rivas v. Jennings, 20-cv-02731 Order (Apr. 29, 2020))(Warecki, Nathan)
April 30, 2020 Opinion or Order ENDORSED ORDER granting #42 Motion for Omar C. Jadwat 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 Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)
April 30, 2020 Opinion or Order ENDORSED ORDER granting #41 Motion for Michael Tan 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 Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)
April 29, 2020 Opinion or Order ENDORSED ORDER granting #43 Motion to Extend Time to Object/Respond to #5 Amended Complaint. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection on 5/7/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(gla)
April 29, 2020 Filing 43 Assented to MOTION to Extend Time to Object/Respond to #5 Amended Complaint,, to May 7, 2020 filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
April 29, 2020 Filing 42 Assented to MOTION for OMAR C. JADWAT to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970766.) filed by Robson Xavier Gomes.(Bissonnette, Gilles)
April 29, 2020 Filing 41 Assented to MOTION for Michael Tan to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970760.) filed by Robson Xavier Gomes.(Bissonnette, Gilles)
April 29, 2020 Filing 40 Supplemental Declaration of Superintendent Christopher Brackett by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Ollila, Terry)
April 29, 2020 Filing 39 STATUS REPORT by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary : Federal Respondents' Weekly Status Report(Ollila, Terry)
April 29, 2020 Opinion or Order ENDORSED ORDER granting #35 Motion for David Fathi to Appear Pro Hac Vice; granting #36 Motion for Eunice Cho 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 Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)
April 28, 2020 Filing 38 US Marshal Service of Process re: served on 4/20/2020 on Superintendent Brackett, SCDOC.(de)
April 28, 2020 Filing 36 Assented to MOTION for Eunice Cho to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970385.) filed by Robson Xavier Gomes. (Attachments: #1 Exhibit (Affidavit) A - Affidavit of Eunice Cho in Support of Motion for Admission Pro Hac Vice)(Warecki, Nathan)
April 28, 2020 Filing 35 Assented to MOTION for David Fathi to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1970384.) filed by Robson Xavier Gomes. (Attachments: #1 Exhibit (Affidavit) A - Affidavit of David Fathi in Support of Motion for Admission Pro Hac Vice)(Warecki, Nathan)
April 28, 2020 NOTICE of Hearing. Evidentiary Hearing set for 5/1/2020 at 10:00 AM via video conference before Chief Judge Landya B. McCafferty.(de)
April 27, 2020 Filing 37 Returns of Service Executed as to Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. Served on 4/23/2020, 4/24/2020. (Attachments: #1 Green card for US Atty General)(de)
April 27, 2020 Opinion or Order Filing 34 ORDER. On April 27, 2020, the court held a video hearing to give parties the opportunity to address the legal standards related to petitioners emergency motion for expedited bail hearings. Doc. no. 9. The court summarizes the governing principles and sets forth next steps and deadlines. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 27, 2020 Opinion or Order ENDORSED ORDER granting #29 Assented to Motion to Supplement Record. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 27, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. MOTION HEARING held on 4/27/2020 re #9 Emergency MOTION Expedited Bail Hearings for Plaintiffs and all Putative Class Members. Order to issue. (Court Reporter: Liza Dubois) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, W. Scott O'Connell) (Defts Atty: Frances Cohen, Robert Rabuck)(Total Hearing Time: 1 hour, 50 minutes) (de)
April 27, 2020 Opinion or Order ENDORSED ORDER denying as moot #32 Motion to Certify Class Provisional Certification of Class for Purposes of Medical Record Provision. Text of Order: For the reasons stated on the record at today's hearing, this motion is now moot and is therefore denied. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 26, 2020 Opinion or Order ENDORSED ORDER granting #27 Motion To Seal the Attachment to the Notice of Status of Expedited Discovery Requests. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 26, 2020 Filing 32 Emergency MOTION to Certify Class Provisional Certification of Class for Purposes of Medical Record Provision filed by Robson Xavier Gomes.Follow up on Objection on 5/11/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Warecki, Nathan)
April 26, 2020 Filing 31 AFFIDAVIT re #28 Response (not to Motion) Declaration of Christopher Brackett filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary (Attachments: #1 1 - 3/13/20 Memo from SCDC, #2 2 - CDC Guidelines in English and Spanish, #3 3 - Signs to Sleep Head to Toe, #4 4 - 4/10/20 ICE Guidance on Covid-19, #5 5 - CDC Interim Guidance dated 3/23/20)(Cohen, Frances)
April 26, 2020 Filing 30 AFFIDAVIT re #28 Response (not to Motion) of Alan Greenbaum filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary(Cohen, Frances)
April 26, 2020 Filing 29 Assented to MOTION to Supplement the Record filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Cohen, Frances)
April 25, 2020 Filing 28 RESPONSE re #23 Order filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. (Cohen, Frances)
April 24, 2020 Opinion or Order Filing 33 STIPULATED PROTECTIVE ORDER. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 24, 2020 Opinion or Order ENDORSED ORDER re: #25 Stipulation re: Protective Order. Text of Order: Approved. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 24, 2020 Filing 27 Assented to MOTION TO SEAL AT LEVEL 1 THE ATTACHMENTS TO THE NOTICE OF STATUS OF EXPEDITED DISCOVERY REQUESTS filed by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(de)
April 24, 2020 Filing 26 NOTICE of Status of Expedited Discovery Requests by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary. (Attachments: #1 Exhibit Notice of Conventional Filing)(Cohen, Frances) (Additional attachment(s) added on 4/27/2020: #2 Exhibit Spreadsheet - ICE Detainees at Strafford April 23, 2020) (de).
April 24, 2020 Filing 25 STIPULATION re: Protective Order by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary (Attachments: #1 Proposed Order)(Cohen, Frances)
April 23, 2020 Filing 24 NOTICE of Attorney Appearance by Laurel Gilbert on behalf of Robson Xavier Gomes Attorney Laurel Gilbert added to party Robson Xavier Gomes(pty:pet).(Gilbert, Laurel)
April 23, 2020 Deadline terminated:Telephone Conference 04/23/2020 cancelled per endorsed order. (de)
April 23, 2020 NOTICE re: #9 Emergency MOTION Expedited Bail Hearings for Plaintiffs and all Putative Class Members. Motion Hearing via video conference set for 4/27/2020 at 02:30 PM before Chief Judge Landya B. McCafferty.(de)
April 23, 2020 Opinion or Order ENDORSED ORDER. Text of Order: The parties have reached agreement on the disputed discovery requests. The hearing scheduled for 9 a.m. this morning is, therefore, no longer necessary and is cancelled. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 22, 2020 Opinion or Order Filing 23 ORDER. On April 22, 2020, the court held a telephone hearing in this case. The court summarizes its holdings and sets deadlines as contained within this order. So Ordered by Chief Judge Landya B. McCafferty.(de)
April 22, 2020 Filing 22 NOTICE of Potential Release of Named Petitioners (replaces DN 21) by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Rabuck, Robert)
April 22, 2020 Filing 21 NOTICE of Potential Release of Named Petitioners by Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary.(Rabuck, Robert)
April 22, 2020 Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. TELEPHONE STATUS CONFERENCE held on 4/22/2020. (Court Reporter: Liza Dubois) (Pltfs Atty: Nathan Warecki, Gilles Bissonnette, John Newman, W. Scott O'Connell, Laurel Gilbert) (Defts Atty: Frances Cohen, Robert Rabuck, Terry Ollila)(Total Hearing Time: 1 hour, 30 minutes) (de)
April 22, 2020 NOTICE of Hearing. Telephone Conference set for 4/23/2020 at 09:00 AM before Chief Judge Landya B. McCafferty. (de)
April 21, 2020 Opinion or Order ENDORSED ORDER granting #20 Motion for for Laurel M. Gilbert 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 Landya B. McCafferty.The clerks office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(gla)
April 21, 2020 Filing 20 MOTION for Laurel M. Gilbert to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-1966796.) filed by Robson Xavier Gomes.Follow up on Objection on 5/5/2020. 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) A - Affidavit of Laurel M. Gilbert in Support of Motion for Admission Pro Hac Vice)(Warecki, Nathan)
April 21, 2020 Filing 19 NOTICE of Attorney Appearance by Henry Clay Quillen on behalf of Robson Xavier Gomes , Darwin Aliesky Cuesta-Rojas, and Jose Nolberto Tacuri-Tacuri Attorney Henry Clay Quillen added to party Robson Xavier Gomes(pty:pla).(Quillen, Henry)
April 20, 2020 Filing 18 NOTICE of Attorney Appearance by Ronald L. Abramson on behalf of Robson Xavier Gomes Attorney Ronald L. Abramson added to party Robson Xavier Gomes(pty:pla).(Abramson, Ronald)
April 20, 2020 Filing 17 NOTICE of Attorney Appearance by Frances Susan Cohen on behalf of Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary Attorney Frances Susan Cohen added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:dft), Attorney Frances Susan Cohen added to party US Department of Homeland Security, Acting Secretary(pty:dft).(Cohen, Frances)
April 20, 2020 Filing 16 NOTICE of Attorney Appearance by Terry L. Ollila on behalf of Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary Attorney Terry L. Ollila added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:dft), Attorney Terry L. Ollila added to party US Department of Homeland Security, Acting Secretary(pty:dft).(Ollila, Terry)
April 20, 2020 Filing 15 NOTICE of Attorney Appearance by Robert J. Rabuck on behalf of Immigration and Customs Enforcement, Acting Field Office Director, US Department of Homeland Security, Acting Secretary Attorney Robert J. Rabuck added to party Immigration and Customs Enforcement, Acting Field Office Director(pty:dft), Attorney Robert J. Rabuck added to party US Department of Homeland Security, Acting Secretary(pty:dft).(Rabuck, Robert)
April 20, 2020 Filing 14 MOTION to Certify Class and Appointment of Class Counsel filed by Robson Xavier Gomes.Follow up on Objection on 5/4/2020. 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 Memorandum of Law, #2 Exhibit K - Declaration of Gilles Bissonnette, Esq., #3 Exhibit L - Declaration of W. Scott O'Connell)(Warecki, Nathan)
April 20, 2020 Filing 13 NOTICE of Attorney Appearance by Michael Strauss on behalf of Robson Xavier Gomes and Additional Petitioners Attorney Michael Strauss added to party Robson Xavier Gomes(pty:pla).(Strauss, Michael)
April 20, 2020 Filing 12 NOTICE of Attorney Appearance by David A. Vicinanzo on behalf of Robson Xavier Gomes and Additional Petitioners Attorney David A. Vicinanzo added to party Robson Xavier Gomes(pty:pla).(Vicinanzo, David)
April 20, 2020 Filing 11 NOTICE of Attorney Appearance by Henry Klementowicz on behalf of Robson Xavier Gomes Attorney Henry Klementowicz added to party Robson Xavier Gomes(pty:pla).(Klementowicz, Henry)
April 20, 2020 Filing 10 NOTICE of Attorney Appearance by W. Daniel Deane on behalf of Robson Xavier Gomes and Additional Petitioners Attorney W. Daniel Deane added to party Robson Xavier Gomes(pty:pla).(Deane, W.)
April 20, 2020 Filing 9 Emergency MOTION Expedited Bail Hearings for Plaintiffs and all Putative Class Members filed by Robson Xavier Gomes. HEARING REQUESTED.Follow up on Objection on 5/4/2020. 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 Memorandum of Law)(Warecki, Nathan)
April 20, 2020 Filing 8 NOTICE of Attorney Appearance by W. Scott O'Connell on behalf of Robson Xavier Gomes and Additional Petitioners Attorney W. Scott O'Connell added to party Robson Xavier Gomes(pty:pla).(O'Connell, W.)
April 20, 2020 Filing 7 MOTION for Preliminary Injunction and Motion for Expedited Discovery filed by Robson Xavier Gomes. HEARING REQUESTED.Follow up on Objection on 5/4/2020. 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 Memorandum of Law, #2 Exhibit H - Declaration of Dora Schriro, #3 Exhibit I - Affidavit of John Burlock, #4 Exhibit J - Affidavit of Pedro Gonzalez Cuarca, #5 Proposed Order)(Warecki, Nathan)
April 20, 2020 NOTICE of Hearing. Telephone STATUS Conference set for 4/22/2020 at 02:30 PM before Chief Judge Landya B. McCafferty. (de)
April 20, 2020 Opinion or Order ENDORSED ORDER. Text of Order: In an Order dated April 15, 2020, Magistrate Judge Johnstone gave the respondents until April 22, 2020, at 5 p.m., to inform the court whether they oppose the release of Mr. Gomes pending the court's review of the merits of his habeas petition. If release is opposed, respondents must provide the grounds including if the petitioner has a violent criminal record and if the respondent disputes that the petitioner has a preexisting medical condition that renders him particularly vulnerable to the COVID-19 virus. Doc. no. 2. Since the April 15 Order, petitioner has enlarged his request and filed numerous pleadings, including an amended habeas petition and a class complaint seeking injunctive relief. See doc. nos. 5, 7, 9, & 14. There are two additional named petitioners and putative class representatives (Aliesky Cuesta-Rojas and Jose Nolberto Tacuri-Tacuri). The court now orders respondents to include the two new putative class representatives in their response regarding bail, which is currently due on April 22 at 5 p.m. A status conference to discuss procedural matters shall occur via telephone, with a court reporter, on Wednesday, April 22, 2020, at 2:30 p.m. Respondents shall file answers to the newly filed pleadings on or before April 29, 2020 (the same date ordered by Judge Johnstone). So Ordered by Chief Judge Landya B. McCafferty.(de)
April 17, 2020 Filing 6 NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Robson Xavier Gomes and Additional Petitioners Attorney Gilles R. Bissonnette added to party Robson Xavier Gomes(pty:pla).(Bissonnette, Gilles)
April 17, 2020 Filing 5 AMENDED COMPLAINT against All Defendants filed by Robson Xavier Gomes. (Attachments: #1 Appendix Declaration of Nathan P. Warecki, Esq., #2 Exhibit A to Warecki Dec. - Declaration of Dr. Marc Stern, #3 Exhibit B to Warecki Dec. - Declaration of Dr. Jonathan Louis Golob, #4 Exhibit C to Warecki Dec. - Affidavit of SangYeob Kim, Esq., #5 Exhibit D to Warecki Dec. - Affidavit of Darwin Aliesky Cuesta-Rojas, #6 Exhibit E to Warecki Dec. - Affidavit of Jose Nolberto Tacuri-Tacuri, #7 Exhibit F to Warecki Dec. - Affidavit of Robson Xavier Gomes, #8 Exhibit G to Warecki Dec. - Declaration of John Sandweg, Esq.)(Warecki, Nathan)
April 17, 2020 Filing 4 NOTICE of First Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Class Complaint for Declaratory and Injunctive Relief by Robson Xavier Gomes.(Warecki, Nathan)
April 17, 2020 Filing 3 NOTICE of Attorney Appearance by Nathan P. Warecki on behalf of Robson Xavier Gomes Attorney Nathan P. Warecki added to party Robson Xavier Gomes(pty:pla).(Warecki, Nathan)
April 15, 2020 Opinion or Order Filing 2 ORDER Regarding Service and deadlines as outlined within. So Ordered by Magistrate Judge Andrea K. Johnstone.(de)
April 15, 2020 Filing 1 NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-1964018.) filed by Robson Xavier Gomes. (Attachments: #1 Exhibit 1, Declaration of Robert Greifinger, MD, #2 Exhibit (Affidavit) 2, Affidavit of Bire Williams, M.D., #3 Exhibit 3, Declaration of Susan Church, #4 Exhibit 4, Civil Cover Sheet)(Newman, John) (Additional attachment(s) added on 4/15/2020: #5 /s/ Civil Cover Sheet) (mc).
April 15, 2020 Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:20-cv-453-LM. Please show this number with the judge designation on all future pleadings. (mc)
April 15, 2020 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)
April 15, 2020 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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Search for this case: Gomes v. US Department of Homeland Security, Acting Secretary et al
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Plaintiff: Robson Xavier Gomes
Represented By: John P. Newman
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Defendant: US Department of Homeland Security, Acting Secretary
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Defendant: Immigration and Customs Enforcement, Acting Field Office Director
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Defendant: Strafford County Department of Corrections, Superintendent
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