PENA v. DECKER et al
| Leandro Raynell Pena |
| THOMAS DECKER and Secretary Chad Wolf |
| 2:2020cv03853 |
| April 9, 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 May 22, 2020. A more recent docket listing may be available from PACER.
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Filing 44
ORDER that Petitioner's #37 request for a preliminary injunction is GRANTED subject to specific conditions, etc. Signed by Judge Kevin McNulty on 5/22/2020. (ams, )
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| Filing 43 OPINION. Signed by Judge Kevin McNulty on 5/22/2020. (ams, ) |
| Filing 42 Proposed Order for Preliminary Injunction by LEANDRO RAYNELL PENA. (TAJ, NABILA) |
| Filing 41 Letter from Hannah McCrea. (TAJ, NABILA) |
| Filing 40 Minute Entry for proceedings held before Judge Kevin McNulty: Preliminary Injunction Hearing held on 5/18/2020 via telephone conference. Hearing on #6 Order to show cause why the temporary restraining order should not be converted to a preliminary injunction. Arguments from Civ. 20cv3430 Donilla v. Decker, et al considered in this case. Ordered TRO converted to a preliminary injunction. Formal decision to be filed preliminary enjoining the respondents. Ordered parties to submit a proposed order. (Court Reporter/Recorder Rhea C. Villanti.) (nic, ) |
| Filing 39 Letter from Hannah McCrea. (TAJ, NABILA) |
| Filing 38 Letter from U.S. Attorney's Office. (Attachments: #1 Exhibit 1)(DATTILO, JANE) |
| Filing 37 Letter from Hannah McCrea. (TAJ, NABILA) |
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Filing 36
ORDER that the request for an extension shall be granted on consent; Preliminary Injunction Hearing reset for 5/18/2020 at 12:00 PM before Judge Kevin McNulty, etc. Signed by Judge Kevin McNulty on 5/1/2020. (ams, )
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| Filing 35 Letter from Hannah McCrea. (TAJ, NABILA) |
| Pro Hac Vice fee for Hannah McCrea received: $ 150, receipt number NEW042605 (jr) |
| Filing 34 Letter from Hannah McCrea. (TAJ, NABILA) |
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Filing 33
AMENDED ORDER that Petitioner be released subject to specific conditions, etc. Signed by Judge Kevin McNulty on 4/18/2020. (nic, )
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| Filing 32 Letter. (TAJ, NABILA) |
| Filing 31 Letter from Respondents Req Modification of the Court's Order at ECF No. 30. (O'NEILL, JESSICA) |
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Filing 30
(URGENT) ORDER granting #4 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order, MOTION for Order to Show Cause. Ordered Petitioner released subject to specific conditions, etc. Preliminary Injunction Hearing set for 5/4/2020 11:00 AM before Judge Kevin McNulty. Signed by Judge Kevin McNulty on 4/17/2020. (nic, )
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| Filing 29 OPINION. Signed by Judge Kevin McNulty on 4/17/2020. (nic, ) |
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Filing 28
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice as to Hannah McCrea. Signed by Judge Kevin McNulty on 4/14/2020. (ams, )
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice by Leandro Raynell Pena. (Attachments: #1 Declaration of Hannah McCrea, #2 Text of Proposed Order)(TAJ, NABILA) |
| Filing 26 NOTICE of Appearance by NABILA J TAJ on behalf of Leandro Raynell Pena (TAJ, NABILA) |
| Filing 25 NOTICE of Appearance by JANE DATTILO on behalf of All Defendants (DATTILO, JANE) |
| Filing 24 NOTICE of Appearance by JESSICA ROSE O'NEILL on behalf of THOMAS DECKER, Chad Wolf (O'NEILL, JESSICA) |
| Filing 23 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02482. Original file certified copy of transfer order and docket sheet received. |
| Judge Kevin McNulty added. (ps, ) |
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Filing 22
ORDER granting #10 Motion to Transfer Case. IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to transfer this case to the District of New Jersey. Given the significant liberty interests at stake, the time-sensitivity of Petitioner's claims, and the risks to Petitioner's 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. SO ORDERED.. (Signed by Judge Andrew L. Carter, Jr on 4/8/2020) (ks)
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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.(ks) |
| Filing 21 LETTER addressed to Judge Andrew L. Carter, Jr. from Joshua Kahane dated 4/7/20 re: additional venue orders. Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Barrera Transfer Order, #2 Beswick Transfer Order, #3 Nicholas Transfer Order).(Kahane, Joshua) |
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Filing 20
ORDER granting #18 Letter Motion for Leave to File Excess Pages: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/7/2020) (jwh)
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| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . . Document filed by Leandro Raynell Pena. (Attachments: #1 Exhibit Pena Medical Records, #2 Exhibit Declaration of Andrea Saenz, #3 Exhibit Declaration of Vincent Basank, #4 Exhibit Declaration of Jorge Sanchez, #5 Exhibit Declaration of Rafael Lituma).(McCrea, Hannah) |
| Filing 18 LETTER MOTION for Leave to File Excess Pages for Reply Brief addressed to Judge Andrew L. Carter, Jr. from Alexandra Lampert dated April 6, 2020. Document filed by Leandro Raynell Pena..(Lampert, Alexandra) |
| Filing 17 MEMORANDUM OF LAW in Opposition re: #4 MOTION for Preliminary Injunction . MOTION for Temporary Restraining Order . MOTION for Order to Show Cause . . Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Exhibit 1 - Rap Sheet, #2 Exhibit 2 - NTA, #3 Exhibit 3 - Notice of Custody Determination, #4 Exhibit 4 - Moon Declaration, #5 Exhibit 5 - Edwards Declaration).(Kahane, Joshua) |
| Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from Hannah McCrea dated 4/3/2020 re: Petitioner's Reply to Respondents' Request for Transfer. Document filed by Leandro Raynell Pena..(McCrea, Hannah) |
| Filing 15 LETTER addressed to Judge Andrew L. Carter, Jr. from Joshua Kahane dated 4/3/20 re: new venue decision. Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Arriaga Reyes Transfer Order, #2 Bonilla Transcript).(Kahane, Joshua) |
| Filing 14 LETTER addressed to Judge Andrew L. Carter, Jr. from Hannah McCrea dated 3/31/2020 re: Petitioner's Reply to Respondents' Request for Emergency Telephonic Conference and Expedited Briefing on Motion to Transfer. Document filed by Leandro Raynell Pena..(McCrea, Hannah) |
| Filing 13 RESPONSE in Opposition to Motion re: #10 MOTION to Transfer Case to the District of New Jersey or Dismiss for lack of jurisdiction/venue. . Document filed by Leandro Raynell Pena. (Attachments: #1 Exhibit A - IGSA, #2 Exhibit B - OIG Report, #3 Exhibit C - PBNDS, #4 Exhibit D - Hudson ICE handbook, #5 Exhibit E - Email DO Valdez, #6 Exhibit F - Email SDDO White, #7 Exhibit G - Email DO Sierra).(Lampert, Alexandra) |
| Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Transfer Case to the District of New Jersey or Dismiss for lack of jurisdiction/venue. . Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Exhibit A).(Kahane, Joshua) |
| Filing 11 DECLARATION of Deportation Officer Jose M. Hernandez in Support re: #10 MOTION to Transfer Case to the District of New Jersey or Dismiss for lack of jurisdiction/venue.. Document filed by Thomas Decker, Chad Wolf..(Kahane, Joshua) |
| Filing 10 MOTION to Transfer Case to the District of New Jersey or Dismiss for lack of jurisdiction/venue. Document filed by Thomas Decker, Chad Wolf..(Kahane, Joshua) |
| Filing 9 LETTER addressed to Judge Andrew L. Carter, Jr. from Joshua Kahane dated 3/31/20 re: request for emergency teleconference for expedited briefing on government's motion to transfer this case to the District of New Jersey. Document filed by Thomas Decker, Chad Wolf..(Kahane, Joshua) |
| Filing 8 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Thomas Decker, Chad Wolf..(Kahane, Joshua) |
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Filing 7
ORDER. The hearing scheduled in this matter at 12:30 p.m. on April 8, 2020, will now take place by telephone at the same time and date. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and time specified above. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/29/20) (yv)
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| Set/Reset Hearings: Telephone Conference set for 4/8/2020 at 12:30 PM before Judge Andrew L. Carter Jr. (yv) |
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Filing 6
ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED: It is ORDERED that the above named respondents show cause before a motion term of this Court, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007 in Room 1306 at 12:30 p.m. on April 8, 2020, why an order should not be entered pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminary ordering defendants (i) to release Mr. Pena from custody; and (2) to not re-detain Mr. Pena during the pendency of this action. It is further ORDERED that, sufficient reason having been shown therefor, pending the hearing of petitioner's application for a preliminary injunction, pursuant to Rule 65, Fed. R. Civ. P., the respondent is temporarily restrained and enjoined from moving the petitioner from the New York City area while habeas proceedings are pending. It is further ORDERED that petitioner serve a copy of this Order and all supporting papers, to the extent not previously served, on respondents or their counsel, on or before 5:00 p.m. on March 27, via overnight mail and such service shall be deemed good and sufficient service; and it is further ORDERED that answering papers, if any, shall be served upon the attorneys for the Petitioner by delivering copies thereof to its office or filing by ECF on or before 5:00 p.m. on April 3, 20020; and ORDERED that reply papers, if any, shall be served by hand or by ECF on or before 5:00 p.m. on April 6, 2020. Courtesy copies shall be emailed. SO ORDERED. Show Cause Hearing set for 4/8/2020 at 12:30 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.. (Signed by Judge Andrew L. Carter, Jr on 3/25/2020) (jca)
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| Filing 5 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alexandra Lynn Lampert on behalf of Leandro Raynell Pena.(Lampert, Alexandra) |
| Filing 4 MOTION for Preliminary Injunction ., MOTION for Temporary Restraining Order ., MOTION for Order to Show Cause . Document filed by Leandro Raynell Pena. (Attachments: #1 Exhibit Order, #2 Exhibit Order, #3 Exhibit Declaration of Hannah McCrea).(McCrea, Hannah) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Hannah McCrea. The party information for the following party/parties has been modified: Pena Raynell Leonardo was modified to Leandro Raynell Pena; Thomas Decker, Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Hannah McCrea. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 530 (Habeas Corpus (General)); County code Albany. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee); the County code has been modified to Kings. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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 Kevin Nathaniel Fox 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) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Hannah McCrea on behalf of Pena Raynell Leonardo.(McCrea, Hannah) |
| Filing 2 CIVIL COVER SHEET filed..(McCrea, Hannah) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19187155)Document filed by Pena Raynell Leonardo..(McCrea, Hannah) |
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