LI v. BARR et al
| Zengkui Li |
| H.O. THOMAS DECKER, DIRECTOR KIRSTJEN NIELSEN, Attorney General William Barr, Ronald Edwards and WILLIAM BARR |
| 2:2019cv14350 |
| June 27, 2019 |
| US District Court for the District of New Jersey |
| Brian R Martinotti |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 RESPONSE to Petition for Writ of Habeas Corpus by WILLIAM BARR, THOMAS DECKER, RONALD EDWARDS, KIRSTJEN NIELSEN. (Attachments: #1 Declaration of Elizabeth Burgus, #2 Exhibit A, Notice to Appear, #3 Exhibit B, February 13, 2019 Bond Decision, #4 Exhibit C, Petitioner BIA Notice of Appeal, #5 Exhibit D, March 8, 2019 Order, #6 Exhibit E, Memorandum Decision of the Immigration Judge, #7 Exhibit F, Syed T. v. William P. Barr, 2:19-cv-07872-ES Oral Opinion)(HAJDARPASIC, ENES) |
| Filing 44 NOTICE of Appearance by VICTOR MANIBO on behalf of ZENGKUI LI (MANIBO, VICTOR) |
| Filing 43 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (mfr) |
| Filing 42 Substitution of Attorney - Attorney JOHN ANDREW RUYMANN terminated. Attorney ENES HAJDARPASIC for WILLIAM BARR,ENES HAJDARPASIC for THOMAS DECKER,ENES HAJDARPASIC for RONALD EDWARDS,ENES HAJDARPASIC for KIRSTJEN NIELSEN added.. (HAJDARPASIC, ENES) |
Filing 41
ORDER TO ANSWER that within 45 days after the entry of this Order, Respondents shall electronically file a full and complete answer to said Petition, etc.; Petitioner may file and serve a reply in support of the Petition within 30 days after the answer is filed, etc. (Documents mailed and e-mailed.). Signed by Judge Brian R. Martinotti on 7/9/2019. (as, )
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| Case Assigned to Judge Brian R. Martinotti. (ak, ) |
| Filing 40 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:19-cv-02030. Original file certified copy of transfer order and docket sheet received. |
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Filing 39
ORDER terminating #30 Motion to Dismiss; granting #30 Motion to Transfer Case. Accordingly, the petition is transferred forthwith to the District of New Jersey. To minimize any delay in having the case heard in New Jersey, the Court is waiving the seven-day waiting period for transferred cases contained in Local Civil Rule 83.1. (Signed by Chief Judge Colleen McMahon on 6/24/2019) (mml) Transmission to Office of the Clerk of Court for processing.
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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 New Jersey. (mml) |
| Filing 38 CERTIFICATE OF SERVICE of Order to Show Cause served on US Attorney's Office on 04/24/2019. Document filed by Zengkui Li. (Wang, Jean) |
| Filing 37 MEMORANDUM OF LAW in Support re: #26 MOTION for Order to Show Cause ., #34 MOTION for Order to Show Cause Refiled. . Document filed by Zengkui Li. (Wang, Jean) |
| Filing 36 DECLARATION of Jean Wang in Support re: #26 MOTION for Order to Show Cause ., #34 MOTION for Order to Show Cause Refiled.. Document filed by Zengkui Li. (Wang, Jean) |
| Filing 35 PROPOSED ORDER. Document filed by Zengkui Li. Related Document Number: #34 . (Wang, Jean) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 34 MOTION for Order to Show Cause Refiled. Document filed by Zengkui Li.(Wang, Jean) |
| Filing 33 RESPONSE in Opposition to Motion re: #30 MOTION to Dismiss . MOTION to Transfer Case to the District of New Jersey. . Document filed by Zengkui Li. (Wang, Jean) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jean Wang to RE-FILE Document #26 MOTION for Order to Show Cause . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| Filing 32 DECLARATION of Deportation Officer Reynold K. Balgobin in Support re: #30 MOTION to Dismiss . MOTION to Transfer Case to the District of New Jersey.. Document filed by William Barr, Thomas Decker, Ronald Edwards, Kirstjen Nielsen. (Kahane, Joshua) |
| Filing 31 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . MOTION to Transfer Case to the District of New Jersey. . Document filed by William Barr, Thomas Decker, Ronald Edwards, Kirstjen Nielsen. (Kahane, Joshua) |
| Filing 30 MOTION to Dismiss ., MOTION to Transfer Case to the District of New Jersey. Document filed by William Barr, Thomas Decker, Ronald Edwards, Kirstjen Nielsen.(Kahane, Joshua) |
| Filing 29 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of William Barr, Thomas Decker, Ronald Edwards, Kirstjen Nielsen. (Kahane, Joshua) |
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Filing 28
PETITIONER'S APPLICATION FOR ORDER TO SHOW CAUSE IN SUPPORT OF AMENDED PETITION FOR WRIT OF HABEAS CORPUS: IT IS HEREBY ORDERED that: 1. Respondents shall file a return on the Order to Show Cause why the Petition for Writ of Habess Corpus should not be granted by 6/7/2019. Petitioner shall have an opportunity to file a reply by 6/21/2019. The court will schedule oral argument if needed. Service of this Order shall be effected by Petitioner on the United States Attorney forthe Southern District of New York by 5 pm on May 6, 2019 and shall constitute good and sufficient service. Show Cause Response due by 6/21/2019. (Signed by Judge Colleen McMahon on 5/3/2019) (mml)
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| Filing 27 LETTER MOTION to Expedite Decision on Request for Order to Show Cause addressed to Judge Colleen McMahon from Jean Wang dated May 1, 2019. Document filed by Zengkui Li.(Wang, Jean) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Order to Show Cause . Document filed by Zengkui Li. (Attachments: #1 Proposed Order, #2 Declaration in Support, #3 Memorandum of Law in Support, #4 Certificate of Service)(Wang, Jean) Modified on 6/18/2019 (ldi). |
| Filing 25 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus, served. Kirstjen Nielsen served on 3/14/2019, answer due 5/13/2019. Service was made by Mail. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 24 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus, served. Ronald Edwards served on 3/14/2019, answer due 5/13/2019. Service was made by Mail. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 23 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus, served. Thomas Decker served on 3/14/2019, answer due 5/13/2019. Service was made by Mail. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 22 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus, served. William Barr served on 3/14/2019, answer due 5/13/2019. Service was made by Mail. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 21 ELECTRONIC SUMMONS ISSUED as to Kirstjen Nielsen. (dnh) |
| Filing 20 ELECTRONIC SUMMONS ISSUED as to Ronald Edwards. (dnh) |
| Filing 19 ELECTRONIC SUMMONS ISSUED as to Thomas Decker. (dnh) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to William Barr. (dnh) |
| Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Ronald Edwards, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) |
| Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Chunyu Jean Wang to RE-FILE Document No. #10 Request for Issuance of Summons, #9 Request for Issuance of Summons, #11 Request for Issuance of Summons, #13 Request for Issuance of Summons, #12 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 #9 . 'C/o' Error; include 'c/o' or 'via' before second party name. Defendant Name error; the defendant name listed in the 'To:' section must exactly match the party of record (Ronald P. Edwards). 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. (dnh) |
| Filing 13 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/13/2019 (dnh). |
| Filing 12 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ronald Edwards, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/13/2019 (dnh). |
| Filing 11 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/13/2019 (dnh). |
| Filing 10 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/13/2019 (dnh). |
| Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/13/2019 (dnh). |
| Filing 8 CIVIL COVER SHEET filed. (Wang, Chunyu) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Chunyu Jean Wang. The party information for the following party/parties has been modified: William Barr; Kirstjen Nielsen; Thomas Decker; Ronald Edwards. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Chunyu Jean Wang. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 463 (Habeas Corpus - Alien Detainee); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 530 (Habeas Corpus (General)); the County code has been modified to Queens; the Fee Status code has been modified to pd (paid);. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Chunyu Jean Wang to RE-FILE Document No. #4 Request for Issuance of Summons, #6 Request for Issuance of Summons, #7 Request for Issuance of Summons, #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF 'To' section does not exactly match initial pleading caption; second party name must include 'care of c/o OR via'; official title for party does not exactly match initial pleading caption;. 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. (jgo) |
| Magistrate Judge Henry B. Pitman 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. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Ronald Edwards, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/7/2019 (jgo). |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/7/2019 (jgo). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/7/2019 (jgo). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William Barr, re: #2 Petition for Writ of Habeas Corpus,. Document filed by Zengkui Li. (Wang, Chunyu) Modified on 3/7/2019 (jgo). |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Wang, Chunyu) Modified on 3/7/2019 (jgo). |
| Filing 2 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Zengkui Li. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Wang, Chunyu) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Chunyu Jean Wang to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the party role on the PDF case caption is incorrect. Re-file the pleading using the event type Petition for Writ of Habeas Corpus 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 3/11/2019. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Chunyu Jean Wang. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 1 FILING ERROR - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number BNYSDC-16442739)Document filed by Zengkui Li. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Wang, Chunyu) Modified on 3/6/2019 (jgo). |
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