HELLER et al v. BARR et al
| SHAINDY HELLER and MEIR HELLER |
| JAMES MCHENRY, WILLIAM P. BARR, THOMAS R. DECKER and STEVEN AHRENDT |
| 2:2019cv12830 |
| May 23, 2019 |
| US District Court for the District of New Jersey |
| Newark Office |
| Kevin McNulty |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 22
ORDER OF DISMISSAL re #21 Respondent's Letter with Text of Proposed Order. etc. Signed by Judge Kevin McNulty on 7/1/2019. (dam, )
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| Filing 21 Letter from AUSA Hajdarpasic Seeking Dismissal of Action as Moot. (Attachments: #1 Exhibit A, Immigration Court Order, #2 Text of Proposed Order)(HAJDARPASIC, ENES) |
| Filing 20 Substitution of Attorney - Attorney JOHN ANDREW RUYMANN terminated. Attorney ENES HAJDARPASIC for STEVEN AHRENDT,ENES HAJDARPASIC for WILLIAM P. BARR,ENES HAJDARPASIC for JAMES MCHENRY added.. (HAJDARPASIC, ENES) |
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Filing 19
MEMORANDUM AND ORDER, denying #18 Petitioner's request for an order to show cause; the directives of the Court's May 29, 2019, memorandum and order #16 remain in full force and effect; etc. Signed by Judge Kevin McNulty on 5/30/2019. (sms)
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| Filing 18 Letter from Gregory P. Copeland re #5 Amended Complaint,,, #6 Letter,. (Attachments: #1 Text of Proposed Order)(COPELAND, GREGORY) |
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Filing 17
MEMORANDUM AND ORDER; granting #15 Motion for Leave to Appear Pro Hac Vice as to John Robert Sandweg, Esq.; and Mr. Sandweg shall make payment of $150.00 to the Clerk of the Court for each pro hac vice admission before this Court, under Local Rule 101.1(c) (3); etc. Signed by Judge Kevin McNulty on 5/29/2019. (sms)
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Filing 16
MEMORADUM AND ORDER; The Clerk of the Court shall add as a listed respondent to the caption of this proceeding the warden of the Bergen County Jail; the Clerk shall forward a copy of the amended petition (DE 5) and this memorandum and order to the Chief, Civil Division, United States Attorney's Office, at the following email address: USANJ-HabeasCasesusdoj.gov; within forty-five (45) days of the entry of this Order, respondents shall file and serve an answer that (1) responds to the allegations and grounds in the petition and (2) includes all affirmative defenses respondents seek to invoke; within forty- five (45) days of receipt of the answer, petitioner may file a reply to the answer; within seven (7) days of petitioners release, by parole or otherwise, as well as any change in the basis for petitioner's immigration detention, respondents shall electronically file a written notice of the same with the Clerk; etc. Signed by Judge Kevin McNulty on 5/29/2019. (sms)
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice by MEIR HELLER, SHAINDY HELLER. (Attachments: #1 Declaration Gregory P. Copeland, #2 Declaration John R. Sandweg, #3 Text of Proposed Order, #4 Certificate of Service)(COPELAND, GREGORY) |
| Filing 14 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:19-cv-04003. Original file certified copy of transfer order and docket sheet received. |
| Case assigned to Judge Kevin McNulty. (jr) |
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Filing 13
ORDER & OPINION: Because Petitioner was confined in New Jersey at the time he filed this petition, and because the warden of the Bergen County Jail is his immediate custodian, the government's motion to transfer this petition to the United States District Court for the District of New Jersey is GRANTED. See 28 U.S.C. 1406(a). The Clerk of Court is respectfully directed to transfer this action to the United States District Court for the District of New Jersey as expeditiously as feasible. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 5/22/2019) (ama)
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| Filing 12 LETTER addressed to Judge Edgardo Ramos from Gregory P. Copeland dated May 22, 2019 re: Transfer Waiving Local Rule 83.1. Document filed by Meir Heller, Shaindy Heller.(Copeland, Gregory) |
| 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 (ama) |
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Filing 11
ORDER TO SHOW CAUSE: It is ORDERED: 1. That the Respondents in this matter show cause before this Court, at Room 619, United States Courthouse 40 Foley Square, New York, NY 10007, on May 20, 2019, at 11 o'clock in the fore noon thereof, or as soon thereafter as counsel may be heard, why an order should not be issued within three (3) days pursuant to 28 U.S.C. 2243 ("shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed[]") and 28 U.S.C. 2241 that Petitioners are not entitled to a constitutionally adequate process - as previously determined by this Court in Darko v. Session, 342 F. Supp. 3d 429, 436 (S.D.N.Y. Oct. 19, 2018) - to justify the intrusions into the Petitioners constitutionally protected rights detailed in the Amended Petition; 2. In the alternative, it is ORDERED that Respondents must provide a constitutionally adequate process (Amended Petition, Prayer for Relief if D, p. 27) within five (5) calendar days to justify the intrusions into Petitioners constitutionally protected rights. 4. It is further ORDERED that a copy of this order, together with the papers upon which it is granted, be served upon counsel for the Respondents by electronical mail on or before on 15 May 2019 at 5 o'clock in the afternoon and that such service be deemed good and sufficient. IT IS SO ORDERED. Show Cause Hearing set for 5/20/2019 at 11:00 AM in Courtroom 619, 40 Centre Street, New York, NY 10007 before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 5/14/2019) (kv)
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| Filing 10 LETTER addressed to Judge Edgardo Ramos from Gregory P. Copeland dated May 14, 2019 re: Response to ECF No. 9. Document filed by Meir Heller, Shaindy Heller.(Copeland, Gregory) |
| Filing 9 LETTER addressed to Judge Edgardo Ramos from AUSA Michael J. Byars dated May 14, 2019 re: This action should be transferred immediately to the District of New Jersey. Document filed by William P. Barr, Thomas R. Decker, James McHenry. (Attachments: #1 Exhibit Declaration of Deportation Officer Ayeisha Ramirez, #2 Exhibit Letter to the Hon. Edgardo Ramos filed March 26, 2019 in Wellington v. Barr, No. 19 Civ. 1986 (ER))(Byars, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Rachel Sacks Winkler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16876219. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for John Robert Sandweg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16876116. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 8 MOTION for Rachel Sacks Winkler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16876219. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meir Heller. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Winkler, Rachel) |
| Filing 7 MOTION for John Robert Sandweg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16876116. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meir Heller. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order)(Sandweg, John) |
| Filing 6 LETTER addressed to Judge Edgardo Ramos from Gregory P. Copeland dated May 13, 2019 re: ECF Copy of Proposed Order to Show Cause. Document filed by Meir Heller, Shaindy Heller. (Attachments: #1 Text of Proposed Order to Show Cause, #2 Memorandum of Law in Support of Order to Show Cause, #3 Affidavit Amended Petition ECF No. 5)(Copeland, Gregory) |
| Filing 5 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus,,, against William P. Barr, James McHenry.Document filed by Meir Heller, Shaindy Heller. Related document: #1 Petition for Writ of Habeas Corpus,,,. (Attachments: #1 Exhibit Form I-213, Record of Deportable/Inadmissible Alien, #2 Exhibit Hebrew Document Proffered by ICE, #3 Exhibit Immigration Judges Custody Order, #4 Exhibit Affidavit from Zvi Heller, #5 Exhibit Affidavit from Binyamin Zeev Schwartz, #6 Exhibit Bond Motion and Supporting Evidence, #7 Exhibit Transcript of April 3, 2019 Master Hearing with Immigration Judge Thomas Mulligan, #8 Exhibit Transcript of April 5, 2019 Bond Hearing with Immigration Judge Charles Conroy, #9 Exhibit False Allegation of Child Abuse and Its Effect on the Determination of Custody and Parental Responsibility, #10 Exhibit Birth Certificate of Petitioner S.H)(Copeland, Gregory) |
| Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of William P. Barr, Thomas R. Decker, James McHenry. (Byars, Michael) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sj) |
| Magistrate Judge Stewart D. Aaron 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Sarah Telo Gillman on behalf of Meir Heller, Shaindy Heller (Gillman, Sarah) |
| Filing 2 CIVIL COVER SHEET filed. (Copeland, Gregory) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16818992)Document filed by Meir Heller, Shaindy Heller. (Attachments: #1 Exhibit Form I-213, Record of Deportable/Inadmissible Alien, #2 Exhibit Hebrew Document Proffered by ICE, #3 Exhibit Immigration Judges Custody Order, #4 Exhibit Affidavit from Zvi Heller, #5 Exhibit Affidavit from Binyamin Zeev Schwartz, #6 Exhibit Bond Motion and Supporting Evidence, #7 Exhibit Transcript of April 3, 2019 Master Hearing with Immigration Judge Thomas Mulligan, #8 Exhibit Transcript of April 5, 2019 Bond Hearing with Immigration Judge Charles Conroy, #9 Exhibit False Allegation of Child Abuse and Its Effect on the Determination of Custody and Parental Responsibility, #10 Exhibit Birth Certificate of Petitioner S.H)(Copeland, Gregory) |
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