ROJAS v. DECKER et al
| Cristian Damian Rojas |
| STEVEN AHRENDT, WILLIAM P. BARR, U.S. DEPARTMENT OF HOMELAND SECURITY and THOMAS R. DECKER |
| Immigrant Defense Project |
| 2:2019cv20861 |
| November 27, 2019 |
| US District Court for the District of New Jersey |
| Newark Office |
| Susan D Wigenton |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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| Filing 41 ANSWER to Amended Complaint by STEVEN AHRENDT. (Attachments: #1 Exhibit A, Notice to Appear, #2 Exhibit B, Form I-830, #3 Declaration of Elizabeth Burgus)(HAJDARPASIC, ENES) |
| Filing 40 AMENDED DOCUMENT by CRISTIAN DAMIAN ROJAS. Amendment to #25 Amended Complaint,,,,,, / Second Amended Petition for Writ of Habeas Corpus. (Attachments: #1 Exhibit A - Copy of Passport and Visa, #2 Exhibit B - Memorandum of Creation of Record of Lawful Permanent Residence, #3 Exhibit C - CAT Application, #4 Exhibit D- Respondents Closing Statement in Support of his Application for Deferral of Removal under the Convention Against Torture., #5 Exhibit E - Spouses Declaration in Support of Custody Redetermination, #6 Exhibit F - Employment Affidavit, #7 Exhibit G - Order Denying Bond, #8 Exhibit H - Rojas 90 day update to Judges Abrams and Netburn, #9 Exhibit I - BIA Notice of Receipt, #10 Exhibit J - Transcript of Sentencing Hearing, #11 Exhibit K - Notice to Appear, #12 Exhibit L - Notice of Hearing set March 14, 2019, #13 Exhibit M - Notice of Hearing set March 29 2019, #14 Exhibit N - Notice of Hearing set July 2 2019, #15 Exhibit O - Motion to Restore, #16 Exhibit P - Order Re: Motion To Restore, #17 Exhibit Q - Memo of Pretrial Services Officer, #18 Exhibit R - Motion to Continue Due to Bergen Quarantine, #19 Exhibit S - Notice of Hearing Set for Aug. 29, #20 Exhibit T - CAT Decision, #21 Exhibit U - Notice of Appeal as Filed, #22 Exhibit V - Abrams Order and Certificate of Appealability, #23 Exhibit W - Appellate brief, #24 Exhibit X - Second Circuit Docket, 19-1524)(PETROZZIELLO, MATTHEW) |
Filing 39
ORDER; granting #38 Petitioner's motion for leave to file a second amended petition; the Government shall file its answer to the second amended petition in accordance with this Court's prior order (ECF No. 35) within forty-five days of the date of this Order; Petitioner may file his reply within forty-five days of the date on which the answer is filed; the Clerk of the Court shall serve a copy of this Order upon the parties electronically; etc. Signed by Judge Susan D. Wigenton on 12/17/2019. (sms)
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| Filing 38 MOTION for Leave to File / Petitioner's Unopposed Motion for Leave to File a Second Amended Petition by CRISTIAN DAMIAN ROJAS. (Attachments: #1 Exhibit Proposed Second Amended Petition, #2 Exhibit Exhibits to Second Amended Petition, #3 Exhibit Redline version of Second Amended Petition)(PETROZZIELLO, MATTHEW) |
| Filing 37 Notice of Pro Bono Appearance by MATTHEW JOSEPH PETROZZIELLO on behalf of CRISTIAN DAMIAN ROJAS (PETROZZIELLO, MATTHEW) |
| Filing 36 Substitution of Attorney - Attorney JOHN ANDREW RUYMANN terminated. Attorney ENES HAJDARPASIC for STEVEN AHRENDT added.. (HAJDARPASIC, ENES) |
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Filing 35
ORDER; Respondents Decker, Barr, and the United States Department of Homeland Security are dismissed with prejudice from this matter as the sole proper respondent in an immigration habeas matter brought pursuant to 2241 is the warden of the facility in which the alien is currently detained, in this case the Warden of the Bergen County Jail; the Clerk of the Court shall amend the caption of this matter to name the Warden of the Bergen County Jail as the sole Respondent; Clerk of the Court shall serve copies of the amended petition (ECF No. 25), and this Order, upon Respondent the Warden of the Bergen County Jail by regular mail, with all costs of service advanced by the United States; within 7 days after any change in Petitioner's custody or immigration status, be it release, a final order of removal, or otherwise, Respondent shall electronically file a written notice of the same with the Clerk of the Court; the Clerk of the Court shall serve a copy of this Order upon Petitioner by regular mail. Signed by Judge Susan D. Wigenton on 12/3/2019. (sms)
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| (Clerk's Note: Order sent to Petitioner's attorney. The Clerk's Office could not locate Petitioner's information). (sms) |
| Filing 34 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Case assigned to Judge Susan D. Wigenton. (jr) |
| Filing 33 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:19-cv-10029. Original file certified copy of transfer order and docket sheet received. |
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Filing 32
ORDER: Petitioner, at the time of the filing of his petition and thereafter, has exclusively been confined in the District of New Jersey. For the reasons set forth in the Court's decision in Almazo, 2018 WL 5919523, at *1-2, the Court holds that it lacks venue over Mr. Rojas's core habeas claims. The Court therefore transfers this case to the District of New Jersey. The Court waives the seven-day period articulated in Local Civil Rule 83.1 to effectuate the transfer of the case. In light of the significant liberty interests at stake, the Court directs the Clerk of Court to effectuate this transfer as soon as possible. (Signed by Judge Paul A. Engelmayer on 11/26/2019) (jwh)
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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 (jwh) |
| Filing 31 LETTER addressed to Judge Paul A. Engelmayer from AUSA Michael J. Byars dated November 25, 2019 re: Opinion & Order granting government's motion to transfer habeas petition to D.N.J. in Sanchez v. Decker, No. 19 Civ. 8354 (RA) (S.D.N.Y. Nov. 25, 2019). Document filed by Steven Ahrendt, William P. Barr, Thomas R. Decker, U.S. Department of Homeland Security. (Attachments: #1 Attachment - Opinion & Order of the Hon. Ronnie Abrams in Sanchez v. Decker, No. 19 Civ. 8354 (RA) (S.D.N.Y. Nov. 25, 2019))(Byars, Michael) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #20 Response to Order to Show Cause,, . Document filed by Steven Ahrendt, William P. Barr, Thomas R. Decker, U.S. Department of Homeland Security. (Attachments: #1 Exhibit A - Gomez transcript, #2 Exhibit B - Thomas transcript, #3 Exhibit C - Joyce declaration in P.L. v. US ICE, #4 Exhibit D - D.N.J. Memorandum Order in Domingo C.S. v. Decker)(Byars, Michael) |
| Filing 29 DECLARATION of Deportation Officer Geraldo Paoli in Opposition re: #20 Response to Order to Show Cause,,. Document filed by Steven Ahrendt, William P. Barr, Thomas R. Decker, Cristian Damian Rojas. (Byars, Michael) |
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Filing 28
ORDER granting #27 Letter Motion for Extension of Time to File Response/Reply: The consent motion for an extension of time is granted. The government's response shall be filed by November 21, 2019. (Signed by Judge Paul A. Engelmayer on 11/15/2019) (jwh)
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| Filing 27 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #20 Response to Order to Show Cause,, and for leave to include in its brief its response to the arguments of amicus curiae addressed to Judge Paul A. Engelmayer from AUSA Michael J. Byars dated November 15, 2019. Document filed by Steven Ahrendt, William P. Barr, Thomas R. Decker, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 26 LETTER addressed to Judge Paul A. Engelmayer from Nora Niedzielski-Eichner dated 11/14/19 re: amended Petition for Writ of Habeas Corpus (PACER 25). Document filed by Cristian Damian Rojas.(Niedzielski-Eichner, Nora) |
| Filing 25 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus,,,,, against William P. Barr, Thomas R. Decker, U.S. Department of Homeland Security.Document filed by Cristian Damian Rojas. Related document: #1 Petition for Writ of Habeas Corpus,,,,,. (Attachments: #1 Exhibit A - Copy of Passport and Visa, #2 Exhibit B - Memorandum of Creation of Record of Lawful Permanent Residence, #3 Exhibit C - CAT Application, #4 Exhibit D- Respondents Closing Statement in Support of CAT application, #5 Exhibit E - Spouses Declaration in Support of Custody Redetermination, #6 Exhibit F - Employment Affidavit, #7 Exhibit G - Order Denying Bond, #8 Exhibit H - Rojas 90 day update to Judges Abrams and Netburn, #9 Exhibit I - BIA Notice of Receipt, #10 Exhibit J - Transcript of Sentencing Hearing, #11 Exhibit K - Notice to Appear, #12 Exhibit L - Notice of Hearing set March 14, 2019, #13 Exhibit M - Notice of Hearing set March 29 2019, #14 Exhibit N - Notice of Hearing set July 2 2019, #15 Exhibit O - Motion to Restore, #16 Exhibit P - Order Re: Motion To Restore, #17 Exhibit Q - Memo of Pretrial Services Officer, #18 Exhibit R - Motion to Continue Due to Bergen Quarantine, #19 Exhibit S - Notice of Hearing Set for Aug. 29, #20 Exhibit T - CAT Decision, #21 Exhibit U - Notice of Appeal as Filed, #22 Exhibit V - Abrams Order and Certificate of Appealability, #23 Exhibit W - Appellate brief)(Niedzielski-Eichner, Nora) |
| Filing 24 BRIEF of Amicus Curiae. Document filed by Immigrant Defense Project. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Siddiquee, Nabilah) |
| Filing 23 NOTICE OF APPEARANCE by Nabilah T. Siddiquee on behalf of Immigrant Defense Project. (Siddiquee, Nabilah) |
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Filing 22
ORDER granting #21 Letter Motion to File Amicus Brief: The motion by the Immigrant Defense Project for leave to file a brief as amicus curiae in this matter is granted. (Signed by Judge Paul A. Engelmayer on 11/12/2019) (jwh)
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| Filing 21 LETTER MOTION to File Amicus Brief addressed to Judge Paul A. Engelmayer from Immigrant Defense Project dated 11/11/2019. Document filed by Immigrant Defense Project. (Attachments: #1 Exhibit A: Brief of Proposed Amicus Curiae, Immigrant Defense Project, #2 Exhibits 1-2 to Brief of Proposed Amicus Curiae)(Siddiquee, Nabilah) |
| Filing 20 RESPONSE TO ORDER TO SHOW CAUSE re: #5 Order to Show Cause,,,. Document filed by Cristian Damian Rojas. (Attachments: #1 Exhibit 1 - Transcript of Oral Argument in Thomas v. Decker, No. 19-cv-8690, #2 Exhibit 2 - ICE, Performance-Based National Detention Standards, #3 Exhibit 3 - OIG, ICE Does Not Fully Use Contracting Tools to Hold Detention Facility Contractors Accountable, #4 Exhibit 4 - New York City Field Office - Bergen County Jail, #5 Exhibit 5 - Affirmation of Nora Niedzielski-Eichner, #6 Exhibit 6 - Affirmation of Laura Sinisterra, #7 Exhibit 7 - Transcript of Oral Argument in Cruz v. Decker, No. 18-CV-9948)(Niedzielski-Eichner, Nora) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons, Verified Petition, Appearances of Joy Guo and Duncan Pickard plus Order To Show Cause served on All Federal Defendants on 11/6/2019. Service was made by Certified Mail, Return Receipt Requested. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
| Filing 18 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus,,,,,. Steven Ahrendt served on 11/6/2019, answer due 11/27/2019; William P. Barr served on 11/6/2019, answer due 11/27/2019; Thomas R. Decker served on 11/6/2019, answer due 11/27/2019; U.S. Department of Homeland Security served on 11/6/2019, answer due 11/27/2019. Service was accepted by Ms. Lisa Ahearn of the SDNY U.S. Attorney's Office. Document filed by Cristian Damian Rojas., AFFIDAVIT OF SERVICE of Summons, Verified Petition, Appearances of Joy Guo and Duncan Pickard plus Order To Show Cause served on All Defendants on 11/6/2019. Service was accepted by Ms. Lisa Ahearn of the SDNY U.S. Attorney's Office. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
| Filing 17 AFFIDAVIT OF SERVICE of Order to Show Cause served on Federal Defendants on 11/1/2019. Service was accepted by Mr. Osrick Gander of the SDNY U.S. Attorney's Office. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
| Filing 16 NOTICE OF APPEARANCE by Michael James Byars on behalf of Steven Ahrendt, William P. Barr, Thomas R. Decker, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to William P. Barr. (dnh) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Thomas R. Decker. (dnh) |
| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to William P. Barr, re: #1 Petition for Writ of Habeas Corpus,,,,,. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas R. Decker, re: #1 Petition for Writ of Habeas Corpus,,,,,. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (dnh) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Steven Ahrendt. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nora Niedzielski-Eichner to RE-FILE Document No. #8 Request for Issuance of Summons, #9 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; if party text is included on the summons PDF, it must exactly match the party text in the caption on the pleading. Do not use abbreviations (ICE). Include 'c/o' or 'via' before second party names in the defendant 'To:' section(via U.S. Department of Justice). 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 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to William P. Barr, re: #1 Petition for Writ of Habeas Corpus,,,,,. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) Modified on 11/4/2019 (dnh). |
| Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas R. Decker, re: #1 Petition for Writ of Habeas Corpus,,,,,. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) Modified on 11/4/2019 (dnh). |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: #1 Petition for Writ of Habeas Corpus,,,,,. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Ahrendt, re: #1 Petition for Writ of Habeas Corpus,,,,,. Document filed by Cristian Damian Rojas. (Niedzielski-Eichner, Nora) |
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Filing 5
ORDER TO SHOW CAUSE: Petitioner, who is being held in immigration detention at the Bergen County Jail in Hackensack, New Jersey has filed a Petition for Writ of Habeas Corpus challenging his continued detention. In light of the reasoning in this Court's decision in Almazo v. Decker, No. 18- cv-9941 (PAE), 2018 WL 5919523 (S.D.N.Y. Nov. 13, 2018), petitioner is Ordered to Show Cause by November 8, 2019, why this case should not be transferred to the District of New Jersey. The government is directed to file a brief in opposition by November 15, 2019. The Court does not invite a reply brief at this time. Counsel for petitioner is directed to serve a copy of this order on respondents forthwith. Show Cause Response due by 11/15/2019. (Signed by Judge Paul A. Engelmayer on 10/30/2019) (js)
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| 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. (dnh) |
| 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Duncan M. Pickard on behalf of Cristian Damian Rojas (Pickard, Duncan) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Joy Guo on behalf of Cristian Damian Rojas (Guo, Joy) |
| Filing 2 CIVIL COVER SHEET filed. (Niedzielski-Eichner, Nora) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17857173)Document filed by Cristian Damian Rojas. (Attachments: #1 Exhibit A - Copy of Passport and Visa, #2 Exhibit B - Memorandum of Creation of Record of Lawful Permanent Residence, #3 Exhibit C - CAT Application, #4 Exhibit D - Respondent's Closing Statement in Support of CAT application, #5 Exhibit E - Spouse's Declaration in Support of Custody Redetermination, #6 Exhibit F - Employment Affidavit, #7 Exhibit G - Order Denying Bond, #8 Exhibit H - Rojas 90 day update to Judges Abrams and Netburn, #9 Exhibit I - BIA Notice of Receipt, #10 Exhibit J - Transcript of Sentencing Hearing, #11 Exhibit K - Notice to Appear, #12 Exhibit L - Notice of Hearing set March 14, 2019, #13 Exhibit M - Notice of Hearing set March 29, 2019, #14 Exhibit N - Notice of Hearing set July 2, 2019, #15 Exhibit O - Motion to Restore, #16 Exhibit P - Order Re: Motion to Restore, #17 Exhibit Q - Memo of Pretrial Services Officer, #18 Exhibit R - Motion to Continue Due to Bergen Quarantine, #19 Exhibit S - Notice of Hearing Set for Aug. 29, #20 Exhibit T - CAT Decision, #21 Exhibit U - Notice of Appeal as Filed, #22 Exhibit V - Abrams Order and Certificate of Appealability, #23 Exhibit W - Appellate Brief)(Niedzielski-Eichner, Nora) |
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