Alves Ramos v. Enforcement and Removal Operation, Field Office Director et al
| Marcelo Alves Ramos |
| Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director and Christopher Brackett |
| 1:2023cv00405 |
| August 25, 2023 |
| US District Court for the District of New Hampshire |
| Landya B McCafferty |
| Talesha Leah Saint-Marc |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal) |
| None |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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ENDORSED ORDER denying as moot #8 Motion to Dismiss for Failure to State a Claim. Text of Order: In light of document number #18 , the court denies as moot the motion to dismiss (doc. no. 8). So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Civil Case Terminated. (de) |
| Filing 19 Certified Mail Return Receipt Executed as to Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director. (de) |
| Filing 18 ///NOTICE of Voluntary Dismissal by Marcelo Alves Ramos. (vln) |
| Filing 16 NOTICE of Notice of Transfer on October 17, 2023, for Removal from the United States by Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director.(Ollila, Terry) |
| Filing 15 NOTICE of Notice of Denial of Stay by the First Circuit Court of Appeals by Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director.(Ollila, Terry) |
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ENDORSED ORDER. Text of Order: On September 21, 2023, the respondents filed a notice of the First Circuit's denial of petitioner's stay of removal. Doc. no. 15. Respondents' motion to dismiss (doc. no. 8) is now before the court. Petitioner shall file his response to the motion to dismiss on or before October 5, 2023. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| Filing 13 NOTICE of Attorney Appearance by Thomas P. Velardi on behalf of Christopher Brackett SCDC Superintendent (Velardi, Thomas) |
| Filing 12 NOTICE of Attorney Appearance by Thomas P. Velardi on behalf of Christopher Brackett SCDC Superintendent Attorney Thomas P. Velardi added to party Christopher Brackett(pty:dft).(Velardi, Thomas) |
| Filing 17 US Marshal Service of Process served on 9/12/2023 on Christopher Brackett, Supt. SCDOC.(de) |
| Filing 14 Certified Mail Return Receipt as to Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director. Served/Mailed on 9/1/2023.(de) |
| Filing 11 PETITIONER'S RESPONSE to #10 ORDER Re: #1 Petition for Writ of Habeas Corpus - 2241, filed by Marcelo Alves Ramos. (vln) |
| Minute Entry for proceedings held before Chief Judge Landya B. McCafferty. ORAL ARGUMENT/Conference via video held on 9/11/2023 re: Petition. (Court Reporter: Brenda Hancock) (Pltfs Atty: Rachel Rado; with petitioner from Strafford Cty. HOC [Interpreter: Margarida Paz]) (Defts Atty: Terry Ollila)(Total Hearing Time: 12 minutes) (de) |
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ENDORSED ORDER. Text of Order: On today's date, the court held a hearing via video in this case. Attorney Rachel Rado appeared for Petitioner Marcelo Alves Ramos, and Attorneys Terry Ollila and Vanessa Woodman Delazo appeared for Respondents Secretary, U.S. Department of Homeland Security and Director, U.S. Immigration and Customs Enforcement. Petitioner was scheduled to be transferred from Strafford County House of Corrections on September 12, 2023, for removal from the United States on or about September 15, 2023, prompting this emergency hearing. Doc. no. 9. On September 10, petitioner filed a motion for an emergency stay of removal with the First Circuit Court of Appeals. Doc. no. 11 at 1-2. During the hearing, the parties confirmed that the First Circuit granted petitioner a stay of removal for ten business days. As a result, the emergency nature of the hearing has been resolved. Petitioner may amend his 28 U.S.C. 2241 petition (doc. no. 1) currently before this court as a matter of right. So Ordered by Chief Judge Landya B. McCafferty.(de)
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Filing 10
ORDER Re: #1 Petition for Writ of Habeas Corpus - 2241. For the foregoing reasons, the court orders an expedited hearing on the petition for September 11, 2023, at 1:30 p.m. So Ordered by Chief Judge Landya B. McCafferty.(de)
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| NOTICE of Hearing re: #1 Petition for Writ of Habeas Corpus - 2241, #9 Notice of Removal. Oral Argument set for 9/11/2023 at 01:30 PM before Chief Judge Landya B. McCafferty.(de) |
| Filing 9 NOTICE of Federal Respondents' Notice of Removal of Marcelo Alves Ramos on September 12 for Removal From The United States on September 15, 2023 by Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director.(Ollila, Terry) |
| Filing 8 MOTION to Dismiss for Failure to State a Claim filed by Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director. Attorney Terry L. Ollila added to party Enforcement and Removal Operation, Field Office Director(pty:res), Attorney Terry L. Ollila added to party US Department of Homeland Security, Secretary(pty:res), Attorney Terry L. Ollila added to party US Immigration and Customs Enforcement, Director(pty:res).Follow up on Objection on 9/22/2023. 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 Memorandum of Law in Support of Federal Respondents' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment, #2 Exhibit (Affidavit) Declaration of Assistant Field Officer Director Keith M. Chan)(Ollila, Terry) |
| Filing 7 Return of Service Executed as to US Immigration and Customs Enforcement.(vln) |
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Filing 6
ORDER Directing Clerk to Make Service. So Ordered by US Magistrate Judge Talesha Leah Saint-Marc.(vln)
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| Filing 5 PROCEDURAL ORDER IN TRANSFERRED CASE. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 9/25/2023. (mc) |
| Filing 4 Case transferred in from District of Massachusetts; Case Number: 1:23-cv-11961. Original file certified copy of transfer order and docket sheet received |
| Case assigned to Chief Judge Landya B. McCafferty and US Magistrate Judge Talesha Saint-Marc. The case designation is: 1:23-cv-405-LM-TSM. Please show this number with the judge designation on all future pleadings. (mc) |
| 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) |
| 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) |
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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 motion for pro hac vice admission of Rachel L. Rado, Esq. has/have been received. Unless said motion with the required fee is/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 9/25/2023.(mc)
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| SERVICE BY CLERK: Copies mailed via certified mail, return receipt requested as to Enforcement and Removal Operation, Field Office Director, US Department of Homeland Security, Secretary, US Immigration and Customs Enforcement, Director. Copies to US Marshal as Superintendent Christopher Brackett. per #6 Order Directing Service.(vln) |
| Filing 3 Judge Myong J. Joun: ELECTRONIC ORDER entered. "This matter is hereby TRANSFERRED to the District of New Hampshire. The Court lacks jurisdiction because the petitioner is not confined in the District of Massachusetts, but rather in the District of New Hampshire. Pet. 1; See Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (holding that habeas corpus jurisdiction lies in district of confinement); 28 U.S.C. 2241(a) ("Writs of habeas corpus may be granted bythe district court[]within [its]jurisdiction[]"); accord Vasquez v. Reno, 233 F.3d 688, 696 (1st Cir. 2000). Because this court lacks jurisdiction over the petition, "the court shall, if it is in the interest of justice, transfer such action... to any other such court in which the action... could have been brought at the time it was filed." 28 U.S.C. 1631. The Court rules that it is in the interest of justice to transfer this petition to the District of New Hampshire and close the case."(PSSA, 5) [Transferred from mad on 8/25/2023.] |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Cook, Savannah) [Transferred from mad on 8/25/2023.] |
| Filing 1 PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-10007675 Fee status: Filing Fee paid., filed by Marcelo ALVES RAMOS. (Attachments: #1 Category Form, #2 Civil Cover Sheet)(Rado, Rachel) [Transferred from mad on 8/25/2023.] |
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