MOGENA-JIMENEZ et al v. BARR et al
| Yoscal Mogena-Jimenez and DIRKIS CASTRILLO-CASTRILLO |
| Secretary Chad Wolf, Attorney General WILLIAM BARR, H.O. THOMAS DECKER, Immigrations & Customs Enforcement, William P. Joyce, U.S. DEPARTMENT OF HOMELAND SECURITY and Immigrations and Customs Enforcement |
| 2:2020cv03736 |
| April 7, 2020 |
| US District Court for the District of New Jersey |
| Madeline Cox Arleo |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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Filing 37
ORDER granting #25 Petitioner's Motion for Leave to Appear Pro Hac Vice as to ALINA DAS. etc. Signed by Judge Madeline Cox Arleo on 11/30/2020. (dam)
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Filing 36
ORDER granting #29 Petitioner's Motion to Seal Certain Exhibits in Support of Petitioner's Application. ECF Nos. 28-2, 28-3, and 28-5 are hereby sealed. etc. Signed by Judge Madeline Cox Arleo on 11/30/2020. (dam)
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| Filing 35 Letter from Respondent re #32 ORDER granting Motion for Immediate Release. (BOYLAN, THANDIWE) Modified on 7/13/2020 (dam, ). |
| Filing 34 AMENDED DOCUMENT by YOSCAL MOGENA-JIMENEZ. Amendment to #33 Letter (Corrected Letter). (CASTLE, BRITTANY) Modified on 7/13/2020 (dam, ). |
| Filing 33 Letter from Petitioner re #32 ORDER granting Motion for Immediate Release. (CASTLE, BRITTANY) Modified on 7/13/2020 (dam, ). |
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Filing 32
ORDER granting #22 Motion for Immediate Release; that Petitioner is to be released subject to the following specific conditions; that within 24 hours, Petitioners counsel shall provide the Court and Respondents with the address where Petitioner will reside; that Immigration and Customs Enforcement (ICE) has 48 hours to process this Courts Order and release the Petitioner; that, given his criminal history, Petitioner Yoscal M.-J. shall submit to ATD electronic bracelet monitoring as required by ICE in order to protect public safety; etc.; that that on July 13, 2020, the parties shall submit a status letter as to whether the preliminary injunction should be continued; once the Court reviews the status update, it will determine if a hearing is required.. Signed by Judge Madeline Cox Arleo on 6/11/2020. (ld, )
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| Filing 31 Letter from Petitioner regarding Unopposed Request for Conference. (CASTLE, BRITTANY) |
| Filing 30 Mail Returned as Undeliverable. Mail sent to DIRKIS CASTRILLO-CASTRILLO (dam, ) |
| Set Deadlines as to #29 Petitioner's MOTION to Seal Document ECF Nos. 28-2, 28-3, 28-4, and 28-5. Motion set for 7/6/2020 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. (dam, ) |
| Filing 29 MOTION to Seal Document ECF Nos. 28-2, 28-3, 28-4, and 28-5 by YOSCAL MOGENA-JIMENEZ. (Attachments: #1 Declaration of Brittany Castle, #2 Index, #3 Text of Proposed Order, #4 Certificate of Service)(CASTLE, BRITTANY) |
| Filing 28 REPLY to Response to Motion filed by YOSCAL MOGENA-JIMENEZ re #22 MOTION for Extension of Time to File MOTION for Immediate Release (Attachments: #1 Index of Exhibits, #2 Exhibit A, Declaration of Dr. Allen Keller, #3 Exhibit B-1, Patient Profile of Petitioner, #4 Exhibit B-2, Medical Records of Petitioner, Part 1, #5 Exhibit B-3, Medical Records of Petitioner, Part 2)(CASTLE, BRITTANY)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. |
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Filing 27
ORDER granting #26 Petitioner's Letter requesting that the deadline to file a reply brief be set for 5/11/2020. etc. Signed by Judge Madeline Cox Arleo on 5/4/2020. (dam, )
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| Filing 26 Letter from Petitioner Mogena-Jimenez. (CASTLE, BRITTANY) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice of Alina Das by YOSCAL MOGENA-JIMENEZ. (Attachments: #1 Declaration of Brittany Castle, #2 Declaration of Alina Das, #3 Certificate of Good Standing of Alina Das, #4 Text of Proposed Order, #5 Certificate of Service)(CASTLE, BRITTANY) |
| Filing 24 Notice of Pro Bono Appearance by BRITTANY CARYL CASTLE on behalf of YOSCAL MOGENA-JIMENEZ (CASTLE, BRITTANY) |
| Set Deadlines as to #25 Petitioner's MOTION for Leave to Appear Pro Hac Vice of Alina Das. Motion set for 6/1/2020 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. (dam, ) |
| Filing 23 RESPONSE in Opposition filed by WILLIAM BARR, THOMAS DECKER, Immigrations and Customs Enforcement, William P. Joyce, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF re #22 MOTION for Extension of Time to File MOTION for Immediate Release (Attachments: #1 Certificate of Service)(BOYLAN, THANDIWE) |
| Set Deadlines as to #22 Petitioner's Emergency MOTION for Immediate Release and for Extension of Time to Reply to Respondents' Answer. Motion set for 6/1/2020 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. (dam, ) |
| Filing 22 Emergency MOTION for Immediate Release and for Extension of Time to Reply to Respondents' Answer by YOSCAL MOGENA-JIMENEZ. (Attachments: #1 Declaration of FLORALBA DEL CARMEN MOGENA-JIMENEZ)(dam, ) |
| Filing 21 Letter regarding ICE release from DIRKIS CASTRILLO-CASTRILLO. (Attachments: #1 Letter on behalf of AMBIEN MITCHELL at New Sanctuary Coalition (NSC))(dam, ) |
| Filing 20 RESPONSE to Petition for Writ of Habeas Corpus by WILLIAM BARR, THOMAS DECKER, Immigrations and Customs Enforcement, William P. Joyce, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF. (Attachments: #1 Exhibit CDC Interim Guidance, #2 Exhibit ICE Action Plan, #3 Exhibit ICE Updated Guidance, #4 Exhibit ICE COVID Pandemic Response Requirements, #5 Exhibit Declaration of Ron Edwards, #6 Exhibit Declaration of Alfaro Ortiz, #7 Exhibit Yoscal MJ NTA, #8 Exhibit Yoscal MJ I213, #9 Exhibit Yoscal MJ IJ Decision, #10 Exhibit Yoscal MJ BIA Decision, #11 Exhibit Dirkis CC I213, #12 Exhibit Illegal Entry Convictions, #13 Exhibit Notice of Referral, #14 Exhibit Dirkis CC IJ Dec, #15 Exhibit BIA Receipt for Appeal)(BOYLAN, THANDIWE) |
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Filing 19
ORDER that the Clerk of the Court shall serve copies of the Petition and this Order upon the Wardens of Essex Correctional Facility and Hudson County Correctional Facility. The Clerk shall forward a copy of the Petition and this Order to Chief, Civil Division, United States Attorney's Office. On 4/21/2020, Respondent shall electronically file a full Answer to the Petition. Petitioners may file a reply within 7 days of their receipt of Respondents' Answer. etc. Signed by Judge Madeline Cox Arleo on 4/16/2020. (dam, )
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| Filing 18 NOTICE of Appearance by THANDIWE BOYLAN on behalf of WILLIAM BARR, THOMAS DECKER, Immigrations and Customs Enforcement, William P. Joyce, U.S. DEPARTMENT OF HOMELAND SECURITY, CHAD WOLF (BOYLAN, THANDIWE) |
| Filing 17 Letter regarding detention of DIRKIS CASTRILLO-CASTRILLO from JANICE HOSEINE. (dam, ) |
| Judge Madeline Cox Arleo added. (ps, ) |
| Filing 16 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02765. Original file certified copy of transfer order and docket sheet received. |
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Filing 15
ORDER granting #13 Letter Motion to Expedite. IT IS HEREBY ORDERED that Petitioners' writ of habeas corpus is severed and the Clerk of Court is respectfully directed to transfer the cases to the following districts: Petitioner Beswick's case to the Southern District of Mississippi; Petitioner Castrillo to the District of New Jersey; Petitioner Rodriguez to the Western District of New York;Petitioner Mogena-Jimenez to the District of New Jersey. Given the significant liberty interests at stake, the time-sensitivity of Petitioners' claims, and the risks to Petitioners' health posed by the rapid spread of COVID-19, the Court waives the seven-day waiting period customarily afforded under Local Civil Rule 83.1 and directs the Clerk to effectuate the transfer as soon as possible. The Clerk of Court is also directed to note on the docket that this Order has been mailed to Petitioners by Chambers. (Signed by Judge Valerie E. Caproni on 4/6/2020) Copies Mailed By Chambers. (tro) Modified on 4/6/2020 (tro).
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| Filing 14 PETITIONERS' APPLICATION FOR ORDER TO SHOW CAUSE AND PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER.(kgo) (kgo). |
| Filing 13 LETTER MOTION to Expedite consideration of severing this action and transferring each petitioner's claims to their respective districts of confinement addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated April 6, 2020. Document filed by William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf..(Byars, Michael) |
| Filing 12 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, Immigrations & Customs Enforcement, William P. Joyce, U.S. Department of Homeland Security, Chad Wolf..(Byars, Michael) |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Steve Beswick only, from the U.S.D.C. Southern District of New York to the United States District Court - Southern District of Mississippi.(tro) |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Yoscal Mogena-Jimenez only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tro) |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Geovany Rodriguez only, from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York.(tro) |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Dirkis Castrillo-Castrillo only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(tro) |
| Filing 10 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Yoscal Mogena-Jimenez. (sac) |
| Filing 9 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Yoscal Mogena-Jimenez. (sac) |
| Filing 8 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Olvin Geovany Rodriguez. (sac) |
| Filing 7 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Olvin Geovany Rodriguez. (sac) |
| Filing 6 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Dirkis Castrillo-Castrillo. (sac) |
| Filing 5 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Dirkis Castrillo-Castrillo. (sac) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Steve Beswick. (sac) |
| Filing 3 APPLICATION for the Court to Request Pro Bono Counsel. Document filed by Steve Beswick. (sac) |
| Filing 2 CIVIL COVER SHEET filed. (sac) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $5.00 Paid). Document filed by Olvin Geovany Rodriguez, Dirkis Castrillo-Castrillo, Steve Beswick, Yoscal Mogena-Jimenez. (sac) |
| Magistrate Judge Ona T. Wang 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. (sac) |
| Case Designated ECF. (sac) |
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