VILLEGAS GOMEZ v. DECKER et al
| JEFERSON ARNULFO VILLEGAS GOMEZ |
| U.S. Immigration and Customs Enforcement, MATTHEW T. ALBENCE, H.O. THOMAS DECKER and Acting Secretary CHAD WOLF |
| 2:2020cv03644 |
| April 3, 2020 |
| US District Court for the District of New Jersey |
| Newark Office |
| Kevin McNulty |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 14 NOTICE of Appearance by JOHN FRANCIS BASIAK on behalf of MATTHEW T. ALBENCE, THOMAS DECKER, U.S. Immigration and Customs Enforcement, CHAD WOLF (Attachments: #1 Certificate of Service)(BASIAK, JOHN) |
| Filing 13 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02700. Original file certified copy of transfer order and docket sheet received. |
Filing 12
ORDER denying as moot #3 Motion for TRO; denying as moot #3 Motion for Order to Show Cause; denying as moot #3 Motion for Preliminary Injunction. Accordingly, it is hereby: ORDERED that the parties' requests to transfer venue to the District of New Jersey and to waive the seven-day waiting period are GRANTED. IT IS FURTHER ORDERED that Petitioner's motion for temporary restraining order is DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Document 3, and to transfer the case forthwith to the District of New Jersey. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/3/2020) (rro)
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| Filing 11 LETTER addressed to Judge Vernon S. Broderick from Alexander J. Hogan dated April 3, 2020 re: letter enclosing a stipulation and proposed order to transfer to the District of New Jersey. Document filed by Matthew T. Albence, Thomas Decker, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: #1 Stipulation to Transfer).(Hogan, Alexander) |
| 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 (rro) |
| Case assigned to Judge Kevin McNulty. (jr) |
| Filing 10 LETTER addressed to Judge Vernon S. Broderick from Alexander J. Hogan dated April 1, 2020 re: the parties' joint request to transfer this action to the District of New Jersey. Document filed by Matthew T. Albence, Thomas Decker, U.S. Immigration and Customs Enforcement, Chad Wolf..(Hogan, Alexander) |
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Filing 9
ORDER: Accordingly, it is hereby: ORDERED that the parties are directed to simultaneously brief the issue of whether venue is appropriate in this District or the District of New Jersey by on or before Friday, April 3, 2020 at 12 p.m. or as soon thereafter as the parties agree after meeting and conferring. IT IS FURTHER ORDERED that in briefing the venue issue the parties should review the following cases from this District where petitions/cases filed under similar circumstances to the instant case have been transferred to the District of New Jersey: Sanchez v. Decker, No. 19-cv-8345 (RA), 2019 WL 6311955 (S.D.N.Y. Nov. 25, 2019); Almazo v. Decker, No. 18 Civ. 9941 (PAE), 2018 WL 5919523 (S.D.N.Y. Nov. 13, 2018) (collecting cases); Gomez v. Decker, No. 18 Civ. 4009, Transcript of Proceedings Sept. 7, 2018 (filed as Doc. 65 at 7:1724). I too have reached this conclusion. See Bonilla v. Decker, No. 20-cv-2483 (VSB) (Order at Doc. 14, transcript filed by Respondent in the instant action at Document 7); Hernandez v. Shanahan, No. 16-CV-3112 (VSB), 2016 WL 11509988 (S.D.N.Y. Aug. 22, 2016). Other courts in this District have held in similar cases that venue is appropriate in this District. See, e.g., Cruz v. Decker, No. 18 Civ. 9948 (GBD) (OTW), 2019 WL 4038555 (S.D.N.Y. Aug. 27, 2019), affd No. 18 Civ. 9948 (GBD) (OTW), 2019 WL 6318627 (S.D.N.Y. Nov. 26, 2019)); Rodriguez Sanchez v. Decker, No. 18 Civ. 8798 (AJN), 2019 WL 3840977 (S.D.N.Y. Aug. 15, 2019). IT IS FURTHER ORDERED that the parties are to appear for a telephonic conference at 3:30 p.m. on April 3, 2020. The dial in information for that conference is 888-363-4749, Access Code 2682448. (Telephone Conference set for 4/3/2020 at 03:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 4/1/2020) (rro)
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| Filing 8 CIVIL COVER SHEET filed..(Schwartz, William) |
| Filing 7 LETTER addressed to Judge Vernon S. Broderick from Alexander J. Hogan dated April 1, 2020 re: requesting transfer of this case to D.N.J. in accordance with your Honor's decision in Bonilla v. Decker, No. 20 Civ. 2483 (VSB) (S.D.N.Y.). Document filed by Matthew T. Albence, Thomas Decker, U.S. Immigration and Customs Enforcement, Chad Wolf. (Attachments: #1 Exhibit 1).(Hogan, Alexander) |
| Filing 6 NOTICE OF APPEARANCE by Alexander James Hogan on behalf of Matthew T. Albence, Thomas Decker, U.S. Immigration and Customs Enforcement, Chad Wolf..(Hogan, Alexander) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney William J. Schwartz to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. Party information may not be abbreviated. If all of the party names and party information does not fit, use leading party name, followed by 'et al' or only the party names may be listed without the party information; Jury Demand code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Case Designated ECF. (jgo) |
| Filing 5 DECLARATION of Stephanie Schuyler in Support re: #3 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . MOTION for Preliminary Injunction .. Document filed by Jeferson Arnulfo Villegas Gomez. (Attachments: #1 Exhibit 1- Order, #2 Exhibit 2- Letter, #3 Exhibit 3- Motion, #4 Exhibit 4- Letter, #5 Exhibit 5- Email Exchange, #6 Exhibit 6- Order, #7 Exhibit 7- Order, #8 Exhibit 8- Notice and Demand, #9 Exhibit 9- Order, #10 Exhibit 10- Order, #11 Exhibit 11- Order, #12 Exhibit 12- Order, #13 Exhibit 13- Decision, #14 Exhibit 14- Declaration, #15 Exhibit 15- Report, #16 Exhibit 16- Email Exchange).(Schwartz, William) |
| Filing 4 MEMORANDUM OF LAW in Support re: #3 MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . MOTION for Preliminary Injunction . . Document filed by Jeferson Arnulfo Villegas Gomez..(Schwartz, William) |
| Filing 3 MOTION for Temporary Restraining Order ., MOTION for Order to Show Cause ., MOTION for Preliminary Injunction . Document filed by Jeferson Arnulfo Villegas Gomez. (Attachments: #1 [Proposed] Order to Show Cause).(Schwartz, William) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Schwartz, William) Modified on 4/1/2020 (jgo). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19287244)Document filed by Jeferson Arnulfo Villegas Gomez..(Schwartz, William) |
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