Li v. Barr et al
| Fa Li and Fang Li |
| SCOTT MECHKOWSKI, THOMAS DECKER, Kevin McAleenan, William Barr and Attorney General WILLIAM BARR |
| 2:2019cv13952 |
| June 18, 2019 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Other Immigration Actions |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on August 2, 2019. A more recent docket listing may be available from PACER.
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Filing 15
ORDER that this matter is dismissed as moot. Signed by Judge Madeline Cox Arleo on 8/1/2019. (sm)
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| Filing 14 Letter from AUSA Hajdarpasic Regarding Request to Dismiss Action as Moot. (Attachments: #1 Exhibit A, Warrant of Removal/Deportation, #2 Text of Proposed Order)(HAJDARPASIC, ENES) |
| Filing 13 RESPONSE to Petition for Writ of Habeas Corpus by WILLIAM BARR, THOMAS DECKER, SCOTT MECHKOWSKI, Kevin McAleenan. (Attachments: #1 Exhibit A, Notice to Appear, #2 Exhibit B, March 31, 2004 Immigration Court Decision, #3 Exhibit C, 2006 BIA Decision, #4 Exhibit D, 2007 BIA Decision, #5 Exhibit E, Motion to Reopen)(HAJDARPASIC, ENES) |
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Filing 12
ORDER that the Answer shall state the statutory authority for Petitioner's detention and provide the relevant legal analysis and record; Respondent shall raise by way of answer any appropriate defenses which Respondent wishes to have the Court consider; Petitioner may file and serve a reply in support of the Petition within 14 days after the answer is filed; within 7 days after any change in Petitioner's custody or immigration status, be is release or otherwise at any time during the pendency of this case, Respondents shall electronically file a written notice of the same with the Clerk of the Court; the Clerk shall serve this Order on Petitioner by regular mail. Signed by Judge Madeline Cox Arleo on 6/28/2019. (sm) (Main Document 12 replaced on 7/1/2019) (aa).
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| Filing 11 Substitution of Attorney - Attorney Brandon Matthew Waterman terminated. Attorney ENES HAJDARPASIC for William Barr,ENES HAJDARPASIC for THOMAS DECKER,ENES HAJDARPASIC for Kevin McAleenan added.. (HAJDARPASIC, ENES) |
| Judge Madeline Cox Arleo added. (eu, ) |
| Filing 10 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:19-cv-05085. Original file certified copy of transfer order and docket sheet received. |
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Filing 9
ORDER: For the reasons discussed above, the Court concludes that it lacks subject matter jurisdiction over Mr. Li's motion to stay removal pursuant to Section 1252(a)(5), and that venue is improper in this District for Mr. Li's habeas petition. The Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 5 and to transfer this habeas action to the United States District Court for the District of New Jersey. Local Civil Rule 83.1 provides that "[i]n a case ordered transferred from this District, the Clerk, unless otherwise ordered, shall upon the expiration of seven (7) days effectuate the transfer of the case to the transferee court." In light of the time-sensitive nature of Mr. Li's claims, the Court waives the seven-day period and directs the Clerk to effectuate this transfer as soon as possible. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/14/2019) (anc)
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| 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. (anc) |
| Filing 8 LETTER addressed to Judge Paul A. Engelmayer from Brandon M. Waterman dated June 13, 2019 re: The government's opposition to the petitioner's motion for a stay of removal. Document filed by William Barr, Thomas Decker, Kevin McAleenan, Scott Mechkowski. (Attachments: #1 Declaration of Deportation Officer Jason Mascia, #2 Exhibit 1 - IJ Removal Decision, #3 Exhibit 2 - Notice to Appear, #4 Exhibit 3 - BIA Removal Decision, #5 Exhibit 4 - Motion to Reopen, #6 Exhibit 5 - BIA Reopen Decision)(Waterman, Brandon) |
| Filing 7 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William Barr, Thomas Decker, Kevin McAleenan, Scott Mechkowski. (Waterman, Brandon) |
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Filing 6
ORDER: The Government is ordered to file any response to Mr. Li's motion to stay by June 13, 2019. All other deadlines remain in place. SO ORDERED.(Responses due by 6/13/2019) (Signed by Judge Paul A. Engelmayer on 6/11/2019) (anc)
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| Filing 5 FIRST MOTION to Stay re: #1 Petition for Writ of Habeas Corpus . Document filed by Fa Li. (Attachments: #1 Notice of Motion)(Altman, Stuart) |
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Filing 4
ORDER. The Court has received Fa Li's petition for habeas corpus under 28 U.S.C. 2241. Dkt. 1. The Court orders the Government to respond by June 19, 2019. SO ORDERED. William Barr answer due 6/19/2019; Thomas Decker answer due 6/19/2019; Kevin McAleenan answer due 6/19/2019; Scott Mechkowski answer due 6/19/2019. (Signed by Judge Paul A. Engelmayer on 6/5/2019) (rjm)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stuart Mitchell Lewis Altman re: Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stuart Mitchell Lewis Altman. The party information for the following party/parties has been modified: Attorney General William P. Barr, Acting Director Kevin K. McAleenan, Field Director Thomas Decker, AFOD Scott Mechkowski, Fa Li. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted; alias party name was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (pc) |
| Magistrate Judge Barbara C. Moses 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) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stuart Mitchell Lewis Altman to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption title on the summons do not match. Party names on the summons does not match;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| Filing 3 CIVIL COVER SHEET filed. (Altman, Stuart) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr Attorney General, Kevin Mcaleenan, Acting Secretary DHS, Thomas Decker, Director, ICE, Schott Mechkowsji, Assistant Director, ICE, re: #1 Petition for Writ of Habeas Corpus. Document filed by Fa Li. (Altman, Stuart) Modified on 6/3/2019 (pc). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16992305)Document filed by Fa Li.(Altman, Stuart) |
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