ABRAHAM v. EDWARDS et al
| Aviry Abraham |
| ICE Officer John Doe 2, United States Immigration and Customs Enforcement, DDO Ariel Valdez, Matthew T. Albence, JOHN DOE, THOMAS R. DECKER and RONALD P. EDWARDS |
| 2:2018cv11924 |
| July 20, 2018 |
| US District Court for the District of New Jersey |
| Newark Office |
| XX US, Outside State |
| John Michael Vazquez |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 42
MEMORANDUM & ORDER OF DISMISSAL WITHOUT PREJUDICE in light of Petitioner's release from immigration custody. The Clerk is directed to close the file. Signed by Judge John Michael Vazquez on 8/13/18. (cm, )
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| Filing 41 Letter from Respondent Advising Court of Petitioner's Release and Requesting Dismissal of Petition. (LABRUNA, ANTHONY) |
| Filing 40 Letter from Petitioner re #39 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit)(BAILEY, RICHARD) |
| Filing 39 AMENDED PETITION for Writ of Habeas Corpus, filed by Aviry Abraham.(ld, ) |
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Filing 38
ORDER granting #36 Motion to Amend/Correct; that Petitioner's motion to amend his habeas petition (ECF No. 36) is hereby GRANTED; that the Clerk of the Court shall file the proposed amended habeas petition appended to Petitioner's motion (at ECF No. 36-1) as a new entry on this matter's docket; that the Clerk shall serve copies of the amended petition (at ECF No. 36-1) and this Order upon Respondent by regular mail; that the Clerk of the Court shall forward a copy of the amended petition (at ECF No. 36-1) and this Order to Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCases@usdoj.gov; that, within forty-five (45) days after July 23, 2018, i.e., the date of entry of this Court's Memorandum Order requiring Respondent to file an answer to Petitioner's original habeas petition, Respondent shall electronically file an answer to Petitioner's amended petition;etc. Signed by Judge John Michael Vazquez on 8/1/2018. (ld, )
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| Filing 37 Letter from Petitioner's Counsel re #36 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus . (BAILEY, RICHARD) |
| Filing 36 MOTION to Amend/Correct #1 Petition for Writ of Habeas Corpus by Aviry Abraham. (Attachments: #1 Proposed Amended Petition for Habeas Corpus)(BAILEY, RICHARD) |
| Filing 35 NOTICE of Appearance by ANTHONY J. LABRUNA, JR on behalf of RONALD P. EDWARDS (LABRUNA, ANTHONY) |
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Filing 34
MEMORANDUM ORDER TO ANSWER that Respondents Thomas Decker, John Doe (in his official capacity as Supervising Detention and Deportation Office of Enforcement and Removal Operations), Ariel Valdez, John Doe 2 (in his official capacity as ICE Officer), and Matthew T. Albence are dismissed with prejudice. The sole proper respondent in a petition brought under 28 U.S.C. 2241 is the warden of the facility where the detainee is currently being held. The Clerk shall add Ronald P. Edwards, Director of Hudson County Correctional Center as a Respondent. The Clerk shall serve copies of the Petition (at ECF No. 1) and this Memorandum Order upon Respondent by regular mail, with all costs of service advanced by the United States; within forty-five (45) days after the date of entry of this Memorandum Order, Respondent shall electronically file an answer to the Petition. Petitioner may file and serve a reply within thirty (30) days after the answer is filed. Within (7) days of Petitioner's release, Respondent shall electronically file a written notice of the same with the Clerk of the Court, etc. Signed by Judge John Michael Vazquez on 7/23/18. (cm, )
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| Filing 33 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Eastern; Case Number 1:18-cv-03481. Original file certified copy of transfer order and docket sheet received. |
| Judge John Michael Vazquez added. (eu, ) |
| Case transferred to District of New Jersey VIA ECF. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Piper, Francine) |
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Filing 32
MEMORANDUM AND ORDER: For the reasons set forth above, Respondents' motion is granted, and this action is transferred to the United States District Court for the District of New Jersey. The Clerk of the Court is respectfully directed to transfer the action and to close this caseOrdered by Judge Carol Bagley Amon on 7/11/2018. (Fernandez, Erica)
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| Filing 31 RESPONSE in Opposition re #30 Letter MOTION to Adjourn Conference (July 17, 2018 Evidentiary Hearing) filed by Aviry Abraham. (Bailey, Richard) |
| Filing 30 Letter MOTION to Adjourn Conference (July 17, 2018 Evidentiary Hearing) by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Greene, Sean) |
| Filing 29 Letter Seeking Leave to File Under Seal by Aviry Abraham (Menschel, Brooke) |
| Filing 28 Exhibit List and Witness List for July 17 Preliminary Injunction Hearing by Aviry Abraham. (Menschel, Brooke) |
| Filing 27 Letter Cover Letter for Courtesy Copies of Motion Papers by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez (Smith, Sheldon) |
| Filing 26 Witness List by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez, Exhibit List Respondents' Anticipated Witness & Exhibit Lists For Preliminary Injunction Hearing Scheduled for July 17, 2018 by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Smith, Sheldon) |
| Filing 25 REPLY in Support re #8 Notice of MOTION for Preliminary Injunction filed by Aviry Abraham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Bailey, Richard) |
| Filing 24 REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction or alternatively, motion to transfer venue Reply Memorandum of Law in Further Support of Respondents' Motion to Dismiss the Habeas Petition filed by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Smith, Sheldon) |
| Filing 23 Joint MOTION to Seal Document #18 Declaration Exhibit A (Dkt. No. 18-1) by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Greene, Sean) |
| Filing 22 MEMORANDUM in Opposition to Respondents' Motion to Dismiss filed by Aviry Abraham. (Menschel, Brooke) |
| Filing 21 Consent MOTION for Leave to Electronically File Document under Seal by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Greene, Sean) |
| Filing 20 Letter Enclosing Courtesy Copies of Respondents' Opposition Papers and Exhibits by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez (Greene, Sean) |
| Filing 19 DECLARATION re #17 Memorandum in Opposition (Declaration of Gabriel Hoke) by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez (Greene, Sean) |
| Filing 18 DECLARATION re #17 Memorandum in Opposition (Declaration of AUSA Sean P. Greene) by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez (Attachments: #1 Exhibit A) (Greene, Sean) |
| Filing 17 MEMORANDUM in Opposition re #8 Notice of MOTION for Preliminary Injunction filed by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Greene, Sean) |
| Filing 16 NOTICE of Appearance by Sean P. Greene on behalf of Thomas R. Decker, United States Immigration and Customs Enforcement (aty to be noticed) (Greene, Sean) |
| Filing 15 AFFIDAVIT/DECLARATION in Support re #12 MOTION to Dismiss for Lack of Jurisdiction or alternatively, motion to transfer venue of Deportation Officer Ariel Valdez filed by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Smith, Sheldon) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #12 MOTION to Dismiss for Lack of Jurisdiction or alternatively, motion to transfer venue of Sheldon A. Smith filed by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Smith, Sheldon) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss for Lack of Jurisdiction or alternatively, motion to transfer venue filed by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Smith, Sheldon) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction or alternatively, motion to transfer venue by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Smith, Sheldon) |
| Minute Entry: A Pre-Motion Conference was held before Judge Carol Bagley Amon on 6/27/2018. Appearances for Petitioner- Brooke Menschel and Richard Bailey; for Respondent- Sheldon Smith and Joseph Marutolo. The Preliminary Injunction hearing was adjourned from July 13, 2018 and is now set for July 17, 2018 at 10:00 AM in Courtroom 10D South before Judge Carol Bagley Amon. The following briefing schedule was set: Respondent's motion and supporting briefing regarding subject matter jurisdiction and venue is to be filed on ECF no later than Thursday, June 28, 2018. Petitioner's opposition brief to this motion is to be filed on ECF no later than July 5, 2018. Any reply by Respondent is due no later than July 9, 2018. With respect to the merits of Petitioner's motion for a Preliminary Injunction, Respondent's opposition papers are now due no later than July 3, 2018. Any reply by the Petitioner is now due no later than July 9, 2018. Both parties shall submit their anticipated witness and exhibit lists to the Court by July 9, 2018. (Court Reporter Anthony Frisolone.) (Stern, Ethan) |
| Filing 11 Letter regarding conference on venue and jurisdiction by Aviry Abraham (Bailey, Richard) |
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ORDER granting #10 Respondent's request for a Pre Motion Conference. A Pre Motion Conference on Respondent's anticipated motions for lack of subject jurisdiction and improper venue is set for June 27, 2018 at 03:00 PM in Courtroom 10D South before Judge Carol Bagley Amon. So Ordered by Judge Carol Bagley Amon on 6/25/2018. (Stern, Ethan)
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| Filing 10 MOTION for pre motion conference On the grounds that this Court does not have subject matter jurisdiction over the Petition and the Eastern District of New York is the improper venue for this motion by Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez. (Attachments: #1 Exhibit Exhibit A) (Smith, Sheldon) |
| Filing 9 Letter regarding briefing schedule by Aviry Abraham (Bailey, Richard) |
| Filing 8 Notice of MOTION for Preliminary Injunction by Aviry Abraham. (Attachments: #1 Memorandum in Support Memorandum of Law and Exhibits) (Bailey, Richard) |
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SCHEDULING ORDER: A hearing on Petitioner's motion for a preliminary injunction will begin on 7/13/2018 at 10:00 AM in Courtroom 10D South before Judge Carol Bagley Amon. By 7/4/2018, the parties shall submit to the Court a list of proposed witnesses and exhibits, and an estimate of how long the preliminary injunction hearing will last. On consent of the parties, the following briefing schedule shall be adhered to: Respondents' answering affidavits, motions, and/or legal memorandum will be filed no later than 6/29/2018. Petitioner's reply will be filed no later than 7/4/2018. So Ordered by Judge Carol Bagley Amon on 6/22/2018. (Stern, Ethan)
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| Filing 7 NOTICE of Appearance by Sheldon A. Smith on behalf of Matthew T. Albence, Thomas R. Decker, United States Immigration and Customs Enforcement, Ariel Valdez (aty to be noticed) (Smith, Sheldon) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Case Assigned to Judge Carol Bagley Amon. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) |
| Filing 4 NOTICE of Appearance by Bridget Phillips Kessler on behalf of Aviry Abraham (aty to be noticed) (Kessler, Bridget) |
| Filing 3 NOTICE of Appearance by Richard James Bailey on behalf of Aviry Abraham (aty to be noticed) (Bailey, Richard) |
| Filing 2 Civil Cover Sheet.. by Aviry Abraham (Menschel, Brooke) |
| Filing 1 PETITION for Writ of Habeas Corpus filing fee $ 5, receipt number 0207-10510329, filed by Aviry Abraham. (Menschel, Brooke) |
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