Alsomairi v. Dawson et al
| Noman Nagi Alsomairi |
| H.O. THOMAS DECKER, Ron Edwards, Jason Dawson, DIRECTOR KIRSTJEN NIELSEN, Attorney General Jefferson B. Sessions III, U.S. DEPARTMENT OF HOMELAND SECURITY and HUDSON COUNTY CORRECTIONAL FACILITY |
| 2:2019cv01929 |
| January 30, 2019 |
| US District Court for the District of New Jersey |
| Esther Salas |
| Habeas Corpus (General) |
| 05 U.S.C. § 0701 |
| None |
Docket Report
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| Filing 26 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:18-cv-07000. Original file certified copy of transfer order and docket sheet received. |
| Case Assigned to Judge Esther Salas. (ak, ) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey (ama) |
| Filing 25 MANDATE of USCA (Certified Copy) as to #18 Amended Notice of Appeal filed by Noman Nagi Alsomairi, #24 Amended Notice of Appeal filed by Noman Nagi Alsomairi, #17 Notice of Appeal, filed by Noman Nagi Alsomairi. USCA Case Number 18-2359; 18-2769. In the appeal docketed under 18-2359, Appellant moves for a stay, pending appeal, barring immigration officials from moving him out of the New York City area, and for a preliminary injunction regarding the Acting Attorney General's participation in this appeal. Appellees oppose the request for a stay and move to dismiss the appeal. Appellees have been granted an extension of time to respond to the request for a preliminary injunction. Upon due consideration, it is hereby ORDERED that Appellees' motion to dismiss is GRANTED, the appeal is DISMISSED for lack of jurisdiction, and Appellant's motions for a stay and for a preliminary injunction are DENIED as moot. The order transferring Appellant's 28 U.S.C. 2241 petition to the District of New Jersey, which is the subject of the appeal, is not immediately appealable under 28 U.S.C. 1291 or otherwise. See Cruz v. Ridge, 383 F.3d 62, 64 (2d Cir. 2004) (per curiam); SongByrd, Inc. v. Estate of Grossman, 206 F.3d 172, 177 (2d Cir. 2000). In the matter docketed under 18-2769, Petitioner seeks a writ of mandamus concerning the same transfer order. Upon due consideration, it is hereby ORDERED that the petition is DENIED because Petitioner has not demonstrated that he lacks an adequate, alternative means of obtaining relief, that he has a clear and indisputable right to the issuance of the writ, or that the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Court for D.C., 542 U.S. 367, 380- 81 (2004).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/22/2019. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #24 Amended Notice of Appeal. (tp) |
| Second Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #24 Amended Notice of Appeal filed by Noman Nagi Alsomairi USCA Case Number 18-2359, were transmitted to the U.S. Court of Appeals. (tp) |
| USCA Case Number 18-2359 from the USCA 2nd Circuit assigned to #17 Notice of Appeal, filed by Noman Nagi Alsomairi. (tp) |
| Filing 24 SECOND AMENDED NOTICE OF APPEAL re: #17 Notice of Appeal, #14 Order on Motion to Transfer Case,, #21 Order on Motion to Stay. Document filed by Noman Nagi Alsomairi. (Goldberg, Julie) |
Filing 23
ORDER of USCA (Certified Copy) as to #18 Amended Notice of Appeal filed by Noman Nagi Alsomairi, #17 Notice of Appeal, filed by Noman Nagi Alsomairi. USCA Case Number 18-2359. Appellant moves for a temporary restraining order that enjoins the Government from transferring him from the New York City area and/or from the jurisdiction of the New York Field Office of the Office of Enforcement and Removal Operations, pending determination of this appeal. The Government opposes the motion and cross-moves to dismiss the appeal for lack of appellate jurisdiction. IT IS HEREBY ORDERED that the Court grants a brief temporary/administrative stay of the district court's August 8, 2018 transfer order, until a motions panel can rule on the Government's motion to dismiss for lack of jurisdiction. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/29/2018. (nd) (Main Document 23 replaced on 8/30/2018) (nd).
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| Filing 22 NOTICE OF APPEARANCE by Michael James Byars on behalf of Jason Dawson, Thomas Decker, Ron Edwards, Hudson County Correctional Facility, Kirstjen Nielsen, Jefferson B. Sessions III, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 21 MEMO ENDORSEMENT denying #19 Motion to Stay. ENDORSEMENT: The application is denied. (Signed by Judge Paul G. Gardephe on 8/16/2018) (cf) |
| Filing 20 EMERGENCY MEMORANDUM OF LAW in Support re: #19 EMERGENCY MOTION to Stay Court Order for Change of Venue. and keep TRO in place. Document filed by Noman Nagi Alsomairi. (Goldberg, Julie) |
| Filing 19 EMERGENCY MOTION to Stay Court Order for Change of Venue. Document filed by Noman Nagi Alsomairi. Return Date set for 8/16/2018 at 05:00 PM. (Attachments: #1 Text of Proposed Order Proposed Order)(Goldberg, Julie) |
| Filing 18 AMENDED NOTICE OF APPEAL re: #17 Notice of Appeal, #14 Order on Motion to Transfer Case,,. Document filed by Noman Nagi Alsomairi. (Goldberg, Julie) |
| Filing 17 NOTICE OF APPEAL from #14 Order on Motion to Transfer Case,,. Document filed by Noman Nagi Alsomairi. Filing fee $ 505.00, receipt number 0208-15436281. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Goldberg, Julie) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #17 Notice of Appeal, filed by Noman Nagi Alsomairi were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #17 Notice of Appeal. (tp) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #18 Amended Notice of Appeal filed by Noman Nagi Alsomairi were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #18 Amended Notice of Appeal. (tp) |
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Filing 16
ORDER granting #6 Motion for Julie A. Goldberg to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/8/2018) (jwh)
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| Filing 15 MEMO ENDORSEMENT granting #13 Motion to Withdraw as Attorney. ENDORSEMENT: The Application is granted. (Attorney Abadir Jama Barre terminated.) (Signed by Judge Paul G. Gardephe on 8/8/2018) (jwh) |
| ***DELETED DOCUMENT. Deleted document number Staff Notes. The document was incorrectly filed in this case. (ama) |
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Filing 14
ORDER: granting #4 Motion to Transfer Case. For the reasons stated today in open court, it is hereby ORDERED that this case is transferred to the District of New Jersey. It is further ORDERED that the seven-day period set forth in Local Civil Rule 83.1 is not to be applied, but the Clerk of Court will not transfer the case until three days after the date of this Order. The temporary restraining order entered by the Part I Judge will remain in effect during this three-day period. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/08/2018) (ama)
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| Minute Entry for proceedings held before Judge Paul G. Gardephe: Motion Hearing held on 8/8/2018 re: #4 EMERGENCY MOTION to Transfer Case and/or Vacate or Modify Order to Show Cause. filed by U.S. Department of Homeland Security, Hudson County Correctional Facility, Kirstjen Nielsen, Jefferson B. Sessions III, Thomas Decker, Jason Dawson, Ron Edwards. (Court Reporter Anita Trombetta) (mr) |
| Filing 13 MOTION for Abadir Barre to Withdraw as Attorney . Document filed by Noman Nagi Alsomairi. (Attachments: #1 Declaration)(Barre, Abadir) |
| Filing 12 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus against Jason Dawson, Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions III, U.S. Department of Homeland Security.Document filed by Noman Nagi Alsomairi. Related document: #1 Petition for Writ of Habeas Corpus.(Goldberg, Julie) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Julie A Goldberg for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #1 Petition for Writ of Habeas Corpus, #2 Civil Cover Sheet to: caseopenings@nysd.uscourts.gov. (jgo) |
| Filing 11 REPLY to Response to Motion re: #4 EMERGENCY MOTION to Transfer Case and/or Vacate or Modify Order to Show Cause. . Document filed by Jason Dawson, Thomas Decker, Ron Edwards, Hudson County Correctional Facility, Kirstjen Nielsen, Jefferson B. Sessions III, U.S. Department of Homeland Security. (Attachments: #1 Declaration of Deportation Officer Jeffrey Berndt, #2 Transcript, Suraiya v. Cioppa, #3 Sample D.N.J. Order (Lopez-Monroy v. Green), #4 Sample D.N.J. Order (Aviry A. v. Decker))(Waterman, Brandon) |
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Filing 10
ORDER granting #9 Motion for Abadir Jama Barre to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 8/3/2018) (wb) (ma).
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| Filing 9 MOTION for Abadir Jama Barre to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 4654-01215013. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noman Nagi Alsomairi. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Cert of Good Missouri, #3 Exhibit Proposed Order)(ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Julie A. Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15408361. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 8
ORDER: It is hereby ORDERED that the briefing schedule and hearing previously ordered in this matter (Dkt. No. 5) are vacated. The Order shall otherwise remain in effect Defendants are restrained from transferring the Petitioner from the New York City area, and from transferring the Petitioner from the jurisdiction of the New York Field Office of the Office of Enforcement and Removal Operations, until August 10, 2018 at 10:00 a.m. Plaintiff shall respond to the Governments request to transfer this case to the District of New Jersey by Tuesday, August 7, 2018 at 5:00 p.m. It is further ORDERED that there shall be a hearing on the Government's request to transfer this case on Wednesday, August 8, 2018 at 4:00 p.m. So Ordered. Set Deadlines/Hearing as to #4 EMERGENCY MOTION to Transfer Case and/or Vacate or Modify Order to Show Cause. :( Responses due by 8/7/2018, Motion Hearing set for 8/8/2018 at 04:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/4/2018) (js)
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| Filing 7 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul G. Gardephe from Julie Goldberg, Esq. dated August 4, 2018 re: #4 EMERGENCY MOTION to Transfer Case and/or Vacate or Modify Order to Show Cause. SDNY is the most proper venue for this action. Document filed by Noman Nagi Alsomairi. (Goldberg, Julie) |
| Filing 6 MOTION for Julie A. Goldberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15408361. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noman Nagi Alsomairi. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Good Standing)(Goldberg, Julie) |
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Filing 5
ORDER TO SHOW CAUSE filed by Noman Nagi Alsomairi. Respondents are ORDERED to Show Cause why the Petition for Writ of Habeas Corpus and temporary restraining order and/or preliminary injunction should not be granted. Pending consideration, Respondents are HEREBY RESTRAINED from transferring the Petitioner from the New York City area. Pending consideration, Respondents ARE HEREBY RESTRAINED from transferring the Petitioner from the jurisdiction of the New York Field Office of the Office of Enforcement and Removal Operations. Show Cause Hearing set for 8/10/2018 at 10:00 AM before Judge Paul G. Gardephe. Show Cause Response due by 8/7/2018. Replies due by 8/9/2018. (Signed by Judge Jed S. Rakoff, PART I, on 8/3/2018) (jwh)
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| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - EMERGENCY MOTION to Transfer Case and/or Vacate or Modify Order to Show Cause. Document filed by Jason Dawson, Thomas Decker, Ron Edwards, Hudson County Correctional Facility, Kirstjen Nielsen, Jefferson B. Sessions III, U.S. Department of Homeland Security.(Waterman, Brandon) Modified on 8/15/2018 (ldi). |
| Filing 3 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Jason Dawson, Thomas Decker, Ron Edwards, Hudson County Correctional Facility, Kirstjen Nielsen, Jefferson B. Sessions III, U.S. Department of Homeland Security. (Waterman, Brandon) |
| Filing 2 CIVIL COVER SHEET filed. (pne) (pc). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401215014)Document filed by Noman Nagi Alsomairi.(pne) (pc). |
| Case Designated ECF. (pne) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
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