AGUILAR GARCIA v. DECKER et al
| MARVIN AGUILAR GARCIA |
| CHAD WOLF, JAMES MCHENRY, DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT and THOMAS DECKER |
| 2:2020cv01689 |
| February 18, 2020 |
| US District Court for the District of New Jersey |
| Newark Office |
| Esther Salas |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 7 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Filing 6 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-01047. Original file certified copy of transfer order and docket sheet received. |
Filing 5
ORDER: IT IS HEREBY ORDERED THAT: 1. Because the Petition raises both "core" challenges to physical detention and "noncore" challenges to removal proceedings, and because Petitioner is currently detained in New Jersey, the proper venue for this case is the District of New Jersey. See S.N.C. v. Sessions, 325 F. Supp. 3d 401, 409 (S.D.N.Y. 2018); 2. This case is immediately TRANSFERRED to the United States District Court for the District of New Jersey. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/18/2020) (ama)
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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.(ama) |
| Case assigned to Judge Esther Salas. (jr) |
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Filing 4
ORDER: IT IS HEREBY ORDERED THAT: Because the Petition raises both "core" challenges to physical detention and "noncore" challenges to removal proceedings, and because Petitioner is currently detained in New Jersey, the proper venue for this case is the District of New Jersey. See S.N.C. v. Sessions, 325 F. Supp. 3d 401, 409 (S.D.N.Y. 2018). No later than February 14, 2020, Petitioner must file an Amended Petition that omits all "core" challenges to Petitioners physical detention. See id. at 410. If Petitioner fails to do so, this case will be transferred to the District of New Jersey. If this case remains in this District, Respondents will be required to file an answeror other response to the Petition no later than March 13, 2020. SO ORDERED., ( Amended Pleadings due by 2/14/2020., Responses due by 3/13/2020) (Signed by Judge Valerie E. Caproni on 2/07/2020) (ama)
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| Filing 3 NOTICE OF APPEARANCE by Brooke Menschel on behalf of Marvin Aguilar Garcia..(Menschel, Brooke) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Sameera Van Houten Harper. The party information for the following party/parties has been modified: Thomas Decker, James McHenry, Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne) |
| Filing 2 CIVIL COVER SHEET filed..(Van Houten Harper, Mary) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-18719176)Document filed by Marvin Aguilar Garcia. (Attachments: #1 Exhibit IJ Decision May 2019, #2 Exhibit BIA Decision Sept 2019, #3 Exhibit IJ Decision Dec 2019, #4 Exhibit Demore Letter).(Van Houten Harper, Mary) |
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