SOW v. WHITAKER et al
| Ismael Sow |
| US DEPARTMENT OF HOMELAND SECURITY, H.O. THOMAS DECKER, STEVEN AHRENDT, DEPARTMENT OF HOMELAND SECURITY, DIRECTOR KIRSTJEN NIELSEN, WILLIAM P. BARR, William Barr, MATTHEW G WHITAKER, THOMAS DECKER and KIRSTJEN NIELSEN |
| 2:2019cv12806 |
| May 22, 2019 |
| US District Court for the District of New Jersey |
| Kevin McNulty |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on May 28, 2019. A more recent docket listing may be available from PACER.
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Filing 49
ORDER administratively terminating case as moot. Signed by Judge Kevin McNulty on 5/28/2019. (ld, )
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Filing 48
ORDER OF DISMISSAL - Case transferred from SDNY in error. Signed by Chief Judge Freda L. Wolfson on 5/24/2019. (See Doc. #47) (dm)
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| Filing 47 Letter from Gregory P. Copeland re #46 Case Transferred In - District Transfer, Case Transferred Out - District Transfer. (COPELAND, GREGORY) |
| Case assigned to Judge Kevin McNulty. (jr) |
| Filing 46 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:18-cv-11394. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (mml) |
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Filing 45
OPINION AND ORDER re: #37 MOTION to Transfer Case MOTION to Dismiss for Lack of Jurisdiction /Venue filed by U.S Department of Homeland Security, Department Of Homeland Security, William Barr, Kirstjen Nielsen, Thomas Decker, William P. Barr, #5 MOTION to Dismiss for lack of venue or, in the alternative MOTION to Transfer Case to the Western District of Louisiana filed by U.S Department of Homeland Security, Matthew G. Whitaker, Kirstjen Nielsen, Steven Ahrendt, Thomas Decker. For the reasons set forth above, the Government's motion to transfer is GRANTED as follows: By May 15, 2019, Petitioner shall inform the Court whether he elects to either (a) amend his petition to omit the core claims (as predecessor counsel did) so that he can file his core claims in New Jersey, or (b) have the entire petition with both core and non-core claims transferred to New Jersey. In the absence of timely notification to the Court, the Court will transfer the petition as currently pleaded to New Jersey. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/8/2019) Copies Sent By Chambers. (mml) Transmission to Office of the Clerk of Court for processing.
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| Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Status Conference held on 5/2/2019 at 3:30 p.m. (Court Reporter Kristen Carannante present) (rsh) |
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Filing 44
ORDER granting #43 Letter Motion for Conference. Status Conference set for 5/2/2019 at 3:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (rsh)
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| Filing 43 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Jessica Rofe dated 04/24/2019. Document filed by Ismael Sow.(Rofe, Jessica) |
| Filing 42 REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Transfer Case . MOTION to Dismiss for Lack of Jurisdiction /Venue. . Document filed by William P. Barr, William Barr, Thomas Decker, Department Of Homeland Security, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker. (Kahane, Joshua) |
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Filing 41
ORDER: The initial conference scheduled for April 23, 2019 at 9:30 a.m. is cancelled. So Ordered. (Signed by Judge George B. Daniels on 4/15/2019) (js)
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| Filing 40 RESPONSE in Opposition to Motion re: #37 MOTION to Transfer Case . MOTION to Dismiss for Lack of Jurisdiction /Venue. . Document filed by Ismael Sow. (Attachments: #1 Exhibit Declaration of Ismael Sow, #2 Exhibit Declaration of Jessica Greenberg, Esq., #3 Exhibit Performance-Based National Detention Standards)(Rofe, Jessica) |
| Filing 39 MEMORANDUM OF LAW in Support re: #37 MOTION to Transfer Case . MOTION to Dismiss for Lack of Jurisdiction /Venue. . Document filed by William P. Barr, William Barr, Thomas Decker, Department Of Homeland Security, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker. (Attachments: #1 Exhibit A - Notice to Appear, #2 Exhibit B - Transcript of oral ruling in Alsomairi v. Dawson, No. 18 Civ. 7000 (PGG), #3 Exhibit C - Transcript of oral ruling in Gomez v. Decker, No. 18 Civ. 4009 (KPF), #4 Exhibit D - Order, Barros Anguisaca v. Decker, No. 18 Civ. 7493 (PAE))(Byars, Michael) |
| Filing 38 DECLARATION of Deportation Officer Naquan Bacchus in Support re: #37 MOTION to Transfer Case . MOTION to Dismiss for Lack of Jurisdiction /Venue.. Document filed by William P. Barr, William Barr, Thomas Decker, Department Of Homeland Security, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker. (Byars, Michael) |
| Filing 37 MOTION to Transfer Case ., MOTION to Dismiss for Lack of Jurisdiction /Venue. Document filed by William P. Barr, William Barr, Thomas Decker, Department Of Homeland Security, Kirstjen Nielsen, U.S Department of Homeland Security.(Byars, Michael) |
| Filing 36 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of William Barr, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security. (Kahane, Joshua) |
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Filing 35
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge George B. Daniels on 3/14/2019) (jwh)
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| ***DELETED DOCUMENT. Deleted document number #35 Amended Order of Reference to a Magistrate Judge. The document was incorrectly filed in this case. (jwh) |
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Filing 34
ORDER granting #28 Letter Motion for Leave to File Document: SO ORDERED. (Signed by Judge George B. Daniels on 3/11/2019) (jwh)
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Filing 33
ORDER granting #32 Letter Motion for Extension of Time; granting #32 Letter Motion to Adjourn Conference. The conference is adjourned to April 23, 2019 at 9:30 a.m. SO ORDERED. (Initial Conference set for 4/23/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 3/7/2019) (anc)
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| Set/Reset Deadlines: Motions due by 3/22/2019. Responses due by 4/12/2019. Replies due by 4/19/2019. (anc) |
| Filing 32 CONSENT LETTER MOTION for Extension of Time to file briefing addressed to Judge George B. Daniels from Jessica Rofe dated 03/06/2019., CONSENT LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Jessica Rofe dated 03/06/2019. Document filed by Ismael Sow.(Rofe, Jessica) |
| Filing 31 SECOND AMENDED PETITION amending #30 Amended Petition,,,,,,, #27 Amended Petition,,,,,,,,, #29 Amended Petition,,,,,, against Thomas Decker, Department Of Homeland Security, Kirstjen Nielsen, William Barr.Document filed by Ismael Sow. Related document: #30 Amended Petition,,,,,,, #27 Amended Petition,,,,,,,,, #29 Amended Petition,,,,,,. (Attachments: #1 Exhibit Sow Declaration, #2 Exhibit Sow Supplemental Declaration, #3 Exhibit Attorney Affirmation, #4 Exhibit Notice of Revocation, #5 Exhibit IJ Decision, #6 Exhibit Motion to Reopen, #7 Exhibit Order of Supervision, #8 Exhibit IJ Order, #9 Exhibit Immigration Court Hearing Notices, #10 Exhibit Amended I-589, #11 Exhibit Initial I-589, #12 Exhibit Diallo Affidavit, #13 Exhibit Freedom in the World - Guinea, #14 Exhibit Country Report on Human Rights - Guinea, #15 Exhibit Article - Dangerous Game, #16 Exhibit Country Information Bulletin, #17 Exhibit Assessment for Fulani in Guinea, #18 Exhibit IRB of Canada, #19 Exhibit Dash Article, #20 Exhibit Sow Passport, #21 Exhibit Sow I-94, #22 Exhibit Online Detainee Location, #23 Exhibit Children's Birth Certificates, #24 Exhibit Medical Records, #25 Exhibit Release Notification, #26 Exhibit I-246, #27 Exhibit Letter from F.S., #28 Exhibit Dr. Forman Forensic Evaluation, #29 Exhibit Article - Guinea Deaths Criminality, #30 Exhibit Article - Appeal for Calm, #31 Exhibit Article - Security Forces, #32 Exhibit Article - Frustrated with Street Protests, #33 Exhibit Response to Complaint Answer)(Rofe, Jessica) Modified on 3/7/2019 (pc). Modified on 3/12/2019 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Louise Rofe to RE-FILE re: Document No. #30 Amended Petition,,,,,,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Court's leave has not been granted Party names selected for the filing of the Amended Complaint must EXACTLY match the parties listed on the Amended Complaint caption title. William Barr does not match. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) |
| Filing 30 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED PETITION amending #12 Amended Petition, #27 Amended Petition #29 Amended Petition,,,,,, against Thomas Decker, Department Of Homeland Security, Kirstjen Nielsen, William P. Barr.Document filed by Ismael Sow. Related document: #12 Amended Petition, #27 Amended Petition,,,,,,,,, #29 Amended Petition,,,,,,. (Attachments: #1 Exhibit Sow Declaration, #2 Exhibit Sow Supplemental Declaration, #3 Exhibit Attorney Affirmation, #4 Exhibit Notice of Revocation, #5 Exhibit IJ Decision, #6 Exhibit Motion to Reopen, #7 Exhibit Order of Supervision, #8 Exhibit IJ Order, #9 Exhibit Immigration Court Hearing Notices, #10 Exhibit Amended I-589, #11 Exhibit Initial I-589, #12 Exhibit Diallo Affidavit, #13 Exhibit Freedom in the World - Guinea, #14 Exhibit Country Report on Human Rights - Guinea, #15 Exhibit Article - Dangerous Games, #16 Exhibit Country Information Bulletin, #17 Exhibit Assessment for Fulani in Guinea, #18 Exhibit IRB of Canada, #19 Exhibit Dash Article, #20 Exhibit Sow Passport, #21 Exhibit Sow I-94, #22 Exhibit Online Detainee Location, #23 Exhibit Children's Birth Certificates, #24 Exhibit Medical Records, #25 Exhibit Release Notification, #26 Exhibit I-246, #27 Exhibit Letter from F.S., #28 Exhibit Dr. Forman Forensic Psych. Eval., #29 Exhibit Article - Guinea Deaths Criminality, #30 Exhibit Article - Appeal for Calm, #31 Exhibit Article - Security Forces, #32 Exhibit Article - Frustrated with Street Protests, #33 Exhibit Response to Complaint Answer)(Rofe, Jessica) Modified on 3/6/2019 (pc). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Rofe to RE-FILE re: Document No. #29 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; Matthew G. Whitaker is not an active party listed on the Amended Petition; Court's leave has not been granted. Re-file the pleading using the event type Second Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (sj) |
| Filing 29 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR SECOND AMENDED PETITION amending #27 Amended Petition against Thomas Decker, Kirstjen Nielsen, Matthew G. Whitaker, Department Of Homeland Security.Document filed by Ismael Sow. Related document: #27 Amended Petition. (Attachments: #1 Exhibit Sow Declaration, #2 Exhibit Sow Supplemental Declaration, #3 Exhibit Attorney Affirmation, #4 Exhibit Notice of Revocation of Release, #5 Exhibit IJ Decision, #6 Exhibit Motion to Reopen, #7 Exhibit Order of Supervision, #8 Exhibit Order of IJ, #9 Exhibit Hearing Notices, #10 Exhibit Amended I-589, #11 Exhibit Initial I-589, #12 Exhibit Diallo Affidavit, #13 Exhibit Freedom in the World 2018, #14 Exhibit Country Report on Human Rights - Guinea, #15 Exhibit Article - Dangerous Games, #16 Exhibit Country Information Bulletin, #17 Exhibit Assessment for Fulani in Guinea, #18 Exhibit IRB of Canada, #19 Exhibit Leon Dash Article, #20 Exhibit Sow Passport, #21 Exhibit I-94, #22 Exhibit Online Detainee Locator Printout, #23 Exhibit Children's Birth Certificate, #24 Exhibit Medical Records, #25 Exhibit Release Notification, #26 Exhibit Form I-246, #27 Exhibit Letter from F S, #28 Exhibit Dr. Forman Forensic Psych. Eval., #29 Exhibit Human Rights Watch Report - Guinea, #30 Exhibit Article - Appeal for Calm in Guinea, #31 Exhibit Article - Security Forces, #32 Exhibit Article - Frustrated with Street Protests, #33 Exhibit Response to Complaint Answer)(Rofe, Jessica) Modified on 3/5/2019 (sj). |
| Filing 28 LETTER MOTION for Leave to File Second Amended Habeas Petition addressed to Judge George B. Daniels from Jessica Rofe dated 03/04/2019. Document filed by Ismael Sow.(Rofe, Jessica) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Louise Rofe to RE-FILE re: Document No. #27 Amended Petition,,,,,,,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Steven Ahrendt is a terminated party no longer listed on the amended complaint caption title. U.S Department of Homeland Security is not a party listed on the Amended Complaint caption title. Add Department of Homeland Security to CM ECF. The amended complaint was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed amended complaint to be accepted.. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 27 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus against Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker.Document filed by Ismael Sow. Related document: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Declaration of Mr. Sow, #2 Supplemental Declaration of Mr. Sow, #3 Attorney Affirmation, #4 Notice of Revocation of Release and Warning for Failure to Depart, #5 Decision of the Immigration Judge, #6 Motion to Reopen, #7 Order of Supervision, #8 Order of the Immigration Judge, #9 Hearing Notices, #10 Amended Form I-589, #11 Initial Form I-589, #12 Affidavit of Mouctar Diallo, #13 Freedom in the World 2018: Guinea, Freedom House (2018), #14 Country Report on Human Rights Practices: Guinea (2016), U.S. Dept of State (Mar. 3, 2017), #15 Peter Pham, Dangerous Game: Guineas President Plays the Ethnic Card, Atlantic Council (May 12, 2015), #16 Country Information Bulletin: Guinea, United Kingdom: Home Office (Jan. 2004), #17 Assessment for Fulani in Guinea, Minorities at Risk Project (Dec. 31, 2003) [Assessment for Fulani in Guinea], #18 Immigration and Refugee Board of Canada, GIN41782.FE (Jul. 30, 2003), #19 Leon Dash, Guineas Longtime President, Ahmed Sekou Tore, Dies, The Washington Post (Mar. 28, 1984) [Guineas Longtime President, Ahmed Sekou Toure, Dies], #20 Passport of Mr. Sow, #21 Form I-94, #22 Online Detainee Locator System, #23 Childrens Birth Certificates, #24 Medical Records, #25 Release Notification, #26 Form I-246, #27 Letter from Fatoumata Sow, #28 Dr. Forman Forensic Evaluation, #29 Guinea: Deaths, Criminality in Post-Election Violence, Human Rights Watch (Jul. 24, 2018), #30 Appeal for Calm in Guinea as Opposition Plans New Protests, Africa Times (Mar. 30, 2018), #31 Security Forces Kill 2 Demonstrators, Media Foundation for West Africa (Nov. 12, 2018), #32 Frustrated With Street Protests in Guinea, Conde Sends in the Soldiers, World Politics Review (Dec. 6, 2018), #33 Response to the Complaint Answer)(Rofe, Jessica) Modified on 3/4/2019 (pc). |
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Filing 26
MEMO ENDORSEMENT on re: #24 Notice (Other) filed by Ismael Sow. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 2/28/2019) (kv)
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Filing 25
MEMO ENDORSEMENT on re: #23 Notice (Other) filed by Ismael Sow. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 2/28/2019) (kv)
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| Filing 24 NOTICE of Law Student Intern Appearance for Sarah Taitz. Document filed by Ismael Sow. (Attachments: #1 Law Student Intern Appearance Form (Taitz))(Rofe, Jessica) |
| Filing 23 NOTICE of Law Student Intern Appearance Form for Kyle Barron. Document filed by Ismael Sow. (Attachments: #1 Law Student Intern Appearance Form (Barron))(Rofe, Jessica) |
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Filing 22
ORDER granting #21 Letter Motion for Leave to File Document: SO ORDERED. (Signed by Judge George B. Daniels on 2/19/2019) (jwh)
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| Set/Reset Deadlines: Amended Pleadings due by 3/1/2019. (jwh) |
| Filing 21 LETTER MOTION for Leave to File Second Amended Habeas Petition addressed to Judge George B. Daniels from Jessica Rofe dated 02/14/2019. Document filed by Ismael Sow.(Rofe, Jessica) |
| Filing 20 MEMO ENDORSEMENT on re: #19 Letter. ENDORSEMENT: The initial conference is adjourned to March 12, 2019 at 9:30 a.m. (Initial Conference set for 3/12/2019 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 2/7/2019) (jwh) |
| Filing 19 LETTER addressed to Judge George B. Daniels from AUSA Michael J. Byars dated February 7, 2019 re: request to adjourn February 12, 2019 conference sine die. Document filed by Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker.(Byars, Michael) |
| Filing 18 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Jessica Louise Rofe on behalf of Ismael Sow (Rofe, Jessica) |
| Filing 17 NOTICE OF APPEARANCE by Sarah Telo Gillman on behalf of Ismael Sow. (Gillman, Sarah) |
| Filing 16 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Gregory Paul Copeland on behalf of Ismael Sow (Copeland, Gregory) |
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Filing 15
ORDER granting #14 Letter Motion to Adjourn Conference. SO ORDERED. (Status Conference set for 2/12/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/14/2019) (rro)
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| Filing 14 FIRST LETTER MOTION to Adjourn Conference addressed to Judge George B. Daniels from Jessica M. Greenberg dated 01/10/2019. Document filed by Ismael Sow. Return Date set for 1/15/2019 at 09:45 AM.(Greenberg, Jessica) |
| Case Stayed (cf) |
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Filing 13
STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (cf)
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| Filing 12 FIRST AMENDED PETITION amending #11 Amended Petition,, #9 Amended Petition,, #1 Petition for Writ of Habeas Corpus against Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker.Document filed by Ismael Sow. Related document: #11 Amended Petition,, #9 Amended Petition,, #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit continuation of the exhibits filed with the initial petition)(Greenberg, Jessica) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Maren Greenberg to RE-FILE Document No. #11 Amended Petition. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected (Steven Ahrendt is not on PDF). Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED PETITION amending #9 Amended Petition, #1 Petition for Writ of Habeas Corpus against Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker.Document filed by Ismael Sow. Related document: #9 Amended Petition, #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit continuation of the exhibits filed with the initial petition)(Greenberg, Jessica) Modified on 12/14/2018 (sj). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jessica Maren Greenberg to RE-FILE Document No. #9 Amended Petition,,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 10 REPLY MEMORANDUM OF LAW in Support re: #7 Memorandum of Law in Support of Motion,,, #3 Order to Show Cause,,,, Set Deadlines,,, #5 MOTION to Dismiss for lack of venue or, in the alternative. MOTION to Transfer Case to the Western District of Louisiana., #6 Declaration in Support of Motion, . Document filed by Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, Ismael Sow, U.S Department of Homeland Security, Matthew G. Whitaker. (Greenberg, Jessica) |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus against Steven Ahrendt, Kirstjen Nielsen, Matthew G. Whitaker, U.S Department of Homeland Security, Thomas Decker.Document filed by Steven Ahrendt, Ismael Sow, Kirstjen Nielsen, Matthew G. Whitaker, U.S Department of Homeland Security, Thomas Decker. Related document: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit)(Greenberg, Jessica) Modified on 12/13/2018 (pc). |
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Filing 8
ORDER: All counsel in the above-captioned case are directed to appear before this Court on January 15, 2019 at 9:45 a.m. for a status conference. ( Status Conference set for 1/15/2019 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/12/2018) (mro)
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| Filing 7 MEMORANDUM OF LAW in Support re: #5 MOTION to Dismiss for lack of venue or, in the alternative. MOTION to Transfer Case to the Western District of Louisiana. . Document filed by Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker. (Attachments: #1 Exhibit A - Memorandum Decision and Order in Lemus-Pineda v. Whitaker, No. 18 Civ. 11037 (GBD), #2 Exhibit B - Oral Ruling in Alsomairi v. Dawson, No. 18 Civ. 7000 (PGG), #3 Exhibit C - Oral Ruling in Gomez v. Decker, No. 18 Civ. 4009 (KPF), #4 Exhibit D - Order in Golding v. Sessions, No. 18 Civ. 3036 (RJS), #5 Exhibit E - Order in Jurek v. Decker, No. 18 Civ. 9285 (ER), #6 Exhibit F - Order Granting Motion to Transfer Venue in Lizardo v. Whitaker, No. 18 Civ. 8476 (VEC), #7 Exhibit G - Order in Barros Anguisaca v. Decker, No. 18 Civ. 7493 (PAE))(Byars, Michael) |
| Filing 6 DECLARATION of Deportation Officer Naquan Bacchus in Support re: #5 MOTION to Dismiss for lack of venue or, in the alternative. MOTION to Transfer Case to the Western District of Louisiana.. Document filed by Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker. (Byars, Michael) |
| Filing 5 MOTION to Dismiss for lack of venue or, in the alternative., MOTION to Transfer Case to the Western District of Louisiana. Document filed by Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker.(Byars, Michael) |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jessica Maren Greenberg 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. (pc) |
| Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of Steven Ahrendt, Thomas Decker, Kirstjen Nielsen, U.S Department of Homeland Security, Matthew G. Whitaker. (Byars, Michael) |
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Filing 3
ORDER TO SHOW CAUSE ON PETITION FOR HABEAS CORPUS: Respondents are ORDERED to file a return on the Order to Show Cause why the Petitionfor Writ of Habeas Corpus and temporary preliminary injunction should not be granted by 12/10/18. Petitioner shall have an opportunity to reply by 12/12/18. This matter shall be heard by the Court on to be set by the assigned judge. Service of this Order shall be effected by Petitioner on the United States Attorney for the Southern District of New York by 5:00pm on 12/6/18 and shall constitute good and sufficient service. Petitioner shall file this action on the docket for assignment of an SDNY judge by 12/6/18. No bond required. IT IS SO ORDERED. (Replies due by 12/12/2018.) Show Cause Response due by 12/10/2018. (Signed by Judge J. Paul Oetken Part One on 12/5/2018 4:40pm New York, NY) (jca)
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| Filing 2 CIVIL COVER SHEET filed. (pc) (pc). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401223908)Document filed by Ismael Sow.(pc) (pc). |
| Case Designated ECF. (pc) |
| Magistrate Judge Robert W. Lehrburger 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. (pc) |
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