BAEZ RUFINO v. TSOUKARIS et al
| JOSE BAEZ RUFINO |
| JOHN TSOUKARIS, GUY CIRILLO, WILLIAM J. ANDERSON, WILLIAM P. BARR and CHAD F. WOLF |
| 2:2020cv03347 |
| March 27, 2020 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
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Filing 21
ORDER granting #4 Petitioner's Motion for Preliminary Injunction. Petitioner is to be released subject to the following specific conditions. The Court will hear argument as to whether the preliminary injunction should be continued on 6/9/2020 Teleconference. etc. Signed by Judge Madeline Cox Arleo on 5/13/2020. (dam, )
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| Filing 22 Minute Entry for proceedings held before Judge Madeline Cox Arleo: Motion Hearing held on 5/12/2020 re #4 MOTION for Temporary Restraining Order/ MOTION for Preliminary Injunction for Immediate Release from Custody Pursuant to Lucas v. Hadden filed by JOSE BAEZ RUFINO. Decision reserved. (Court Reporter/Recorder Charles McGuire.) (aa, ) |
| Filing 20 Letter from AUSA Frances Bajada. (BAJADA, FRANCES) |
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Filing 19
TEXT ORDER, scheduling oral argument via telephone as to #4 MOTION for Temporary Restraining Order/ MOTION for Preliminary Injunction /MOTION for Immediate Release from Custody Pursuant to Lucas v. Haddenfor for 5/12/2020 at 11:00 AM before Judge Madeline Cox Arleo. The call in number is 877-336-1831 access code: 5067367#. So Ordered by Judge Madeline Cox Arleo on 5/11/20. (aa, )
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| Filing 18 Letter from Petitioner Regarding Recent Decisions in Related Matters re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Immediate Release from Custody Pursuant to Lucas v. Hadden MOTION for Order to Show Cause . (Attachments: #1 Exhibit A: Opinion, Durel B. v. Decker, No. 20-cv-03430 (D.N.J. Apr. 21, 2020), #2 Exhibit B: Order, Doe v. Barr, No. 20-cv-02263 (N.D. Cal. Apr. 27, 2020), #3 Certificate of Service)(JOHNSON, MATTHEW) |
| Filing 17 Letter from Petitioner Regarding Unopposed Supplemental Request to Seal Documents re #16 Letter, #10 MOTION to Seal (Unopposed). (Attachments: #1 Certificate of Service)(JOHNSON, MATTHEW) |
| Filing 16 Letter from Respondents in response to Petitioner's proposed conditions of release. (Attachments: #1 Exhibit A - I-213 Record of Deportable Inadmissable Alien dated 10.29.18, #2 Exhibit B - Criminal History dated 3.28.20, #3 Exhibit C - Decision and Order of Immigration Judge dated 10.30.19)(BAJADA, FRANCES) |
| Filing 15 Letter from Petitioner Regarding Proposed Address Upon Release re #14 Letter. (Attachments: #1 Certificate of Service)(JOHNSON, MATTHEW)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 14 Letter from Petitioner. (Attachments: #1 Exhibit A, #2 Certificate of Service)(JOHNSON, MATTHEW) |
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Filing 13
LETTER ORDER that Petitioner shall submit his proposed conditions of release by no later than 4/23/2020 at 12:00 PM, and the Government shall respond to Petitioner's submission with its proposed conditions by no later than 4/24/2020 at 12:00 PM. etc. Signed by Judge Madeline Cox Arleo on 4/22/2020. (dam, )
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| Filing 12 Notice of Pro Bono Appearance by BRITTANY CARYL CASTLE on behalf of JOSE BAEZ RUFINO (CASTLE, BRITTANY) |
| Pro Hac Vice fee as to Leila Kang: $ 150, receipt number CAM011236 (dmr) |
| Set/Reset Deadlines as to #10 MOTION to Seal (Unopposed). Motion set for 5/18/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Filing 11 REPLY to Response re #9 Response to Habeas Petition,,. (Attachments: #1 Exhibit A: Declaration of Rebecca Wyss, #2 Exhibit B: Declaration of Laura Rodriguez, #3 Exhibit C: Declaration of Jordan Weiner, #4 Exhibit D: Declaration of Frances Hartmann, #5 Exhibit E: Declaration of Olivia Kaplan, #6 Exhibit F: Email from Essex County Chief of Staff, Philip B. Alagia (Mar. 25, 2020; 9:49 PM), #7 Exhibit G: Email from Essex County Chief of Staff, Philip B. Alagia (Apr. 8, 2020; 5:43 PM), #8 Exhibit H: Email from Essex County Chief of Staff, Philip B. Alagia, including Daily Report from Essex County Correctional Facility (Apr. 13, 2020; 9:45 AM), #9 Exhibit I: Opinion, Cristian A.R. v. Decker, No. 20-3600 (D.N.J. Apr. 12, 2020), #10 Certificate of Service)(JOHNSON, MATTHEW) |
| Filing 10 MOTION to Seal (Unopposed) by JOSE BAEZ RUFINO. (Attachments: #1 Certification of Leila Kang in Support of Petitioner's Unopposed Motion to Seal Pursuant to Local Civil Rule 5.3(c), #2 Text of Proposed Order, #3 Certificate of Service)(JOHNSON, MATTHEW) |
| Filing 9 RESPONSE to Petition for Writ of Habeas Corpus by WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF. (Attachments: #1 Exhibit A - Decision and Order of Immigration Judge dated 10.30.19, #2 Exhibit B - Second Amended Declaration of Alfaro Ortiz dated 4.6.20, #3 Exhibit C - Notice to Appear dated 7.25.13, #4 Exhibit D - I-213 Record of Deportable Inadmissable Alien dated 10.29.18, #5 Exhibit E - Mental Health Review Records, #6 Exhibit F - Yusuf L. Order dated 3.21.19)(BAJADA, FRANCES) |
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Filing 8
ORDER granting #3 Petitioner's Motion for Leave to Appear Pro Hac Vice as to Leila Kang. The Clerk of the Court shall serve copies of the Petition and this Order upon the Warden of Essex County Correctional Facility by regular mail. The Clerk shall forward a copy of the Petition and this Order to Chief, Civil Division, United States Attorneys Office. Within 3 days after the date of entry of this Order, Respondent shall electronically file a full and complete answer to said Petition. Petitioner may file and serve a reply in support of the Petition within 2 days after the answer is filed. etc. Signed by Judge Madeline Cox Arleo on 4/3/2020. (dam, )
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| Filing 7 BRIEF in Opposition filed by WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Immediate Release from Custody Pursuant to Lucas v. Hadden MOTION for Order to Show Cause (Attachments: #1 Exhibit, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit)(BAJADA, FRANCES) |
| Filing 6 NOTICE of Appearance by FRANCES C. BAJADA on behalf of WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (BAJADA, FRANCES) Modified on 3/31/2020 (dam, ). |
| Filing 5 Exhibit Index to Re #4 Motion for TRO,, Motion for Preliminary Injunction,, Motion for Order to Show Cause,. (Attachments: #1 Exhibit A: Temporary Restraining Order and Order to Show Cause (ECF No. 32), Bravo Castillo v. Barr, No. 5:20-cv-00605 (C.D. Cal. Mar. 27, 2020), #2 Exhibit B: Opinion and Order for Temporary Restraining Order for Plaintiffs Immediate Release (ECF No. 26), Coronel v. Decker, No. 1:20-cv-02472 (S.D.N.Y. Mar. 27, 2020), #3 Exhibit C: Memorandum and Order Granting Motion for Temporary Restraining Order (ECF No. 11), Basank v. Decker, 1:20-cv-02518 (S.D.N.Y. Mar. 26, 2020), #4 Exhibit D: Order Denying Defendants Motion to Dismiss and Granting Temporary Restraining Order (ECF No. 20), Zhang v. Barr, No. 5:20-cv-00331 (C.D. Cal. Mar. 27, 2020), #5 Exhibit E: Order (ECF No. 53), XochihuaJaimes v. Barr, No. 18-71460 (9th Cir. Mar. 23, 2020), #6 Exhibit F: Memorandum Decision and Order (ECF No. 27), Umana Jovel v. Decker, 12-cv-308 (S.D.N.Y. Mar. 26, 2020), #7 Exhibit G: Opinion and Order (Doc. 2798), United States v. Stephens, No. 1:15-cr-00095 (AJN), 2020 WL 1295155 (S.D.N.Y March 19, 2020), #8 Exhibit H: Declaration of Dr. Homer Venters (Doc. 81-11), Fraihat v. U.S. Imm. And Customs Enforcement, 5:19 Civ. 1546 (C.D. Cal. Mar. 24, 2020), #9 Exhibit I: Email from Essex County Chief of Staff, Philip B. Alagia (Mar. 30, 2020; 10:47 AM), #10 Certificate of Service)(JOHNSON, MATTHEW) |
| Filing 4 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction MOTION for Immediate Release from Custody Pursuant to Lucas v. Hadden, MOTION for Order to Show Cause by JOSE BAEZ RUFINO. (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Certificate of Service)(JOHNSON, MATTHEW) |
| Set/Reset Deadlines as to #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Immediate Release from Custody Pursuant to Lucas v. Hadden MOTION for Order to Show Cause , #3 MOTION for Leave to Appear Pro Hac Vice . Motion set for 5/4/2020 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (ld, ) |
| Case Assigned to Judge Madeline Cox Arleo. (ak, ) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice by JOSE BAEZ RUFINO. (Attachments: #1 Declaration of Matthew Johnson in Support of Motion for Pro Hac Vice Admission, #2 Declaration of Leila Kang in Support of Motion for Pro Hac Vice Admission, #3 Text of Proposed Order, #4 Certificate of Service)(JOHNSON, MATTHEW) |
| Filing 2 Exhibit to #1 Petition for Writ of Habeas Corpus by JOSE BAEZ RUFINO. (Attachments: #1 Exhibit B: Psychological Evaluation (Feb. 2019), #2 Exhibit C: Psychological Evaluation (Feb. 2020), #3 Exhibit D: Curriculum Vitae for Dr. Joy Choi, #4 Exhibit E: Letter from Jonnelle Rodriguez, #5 Exhibit F: Email from Essex County Chief of Staff, Philip B. Alagia (Mar. 25, 2020; 3:21 PM), #6 Exhibit G: Email from Essex County Chief of Staff, Philip B. Alagia (Mar. 24, 2020; 11:04 AM), #7 Exhibit H: Email from Essex County Chief of Staff, Philip B. Alagia (Mar. 26, 2020; 11:50 AM), #8 Certificate of Service)(JOHNSON, MATTHEW)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. |
| Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-10615208.), filed by JOSE BAEZ RUFINO. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service)(JOHNSON, MATTHEW) |
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