ARGUETA CRUZ v. DECKER et al
| Carlos Argueta Cruz |
| Acting Secretary CHAD WOLF, Director Thomas Decker, WARDEN WILLIAM ANDERSON and WILLIAM P BARR |
| 2:2020cv04656 |
| April 21, 2020 |
| US District Court for the District of New Jersey |
| Claire C Cecchi |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 32
STANDING ORDER 2020-10 directing Multi-Petitioner cases be severed, each severed petitioner will be responsible for paying the applicable filing fee or submitting a completed application to proceed in forma pauperis, etc. Signed by Chief Judge Freda L. Wolfson on 4/17/2020. (jr)
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| Filing 31 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been emailed to the attorney's address with the list of cases resulting from the severance. (jr) |
| Filing 30 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02643. Original file certified copy of transfer order and docket sheet received. |
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Filing 29
ORDER: Pursuant to the Show Cause hearing held on April 13, 2020, Plaintiff Jose Velesaca's motion for a preliminary injunction is hereby GRANTED. Respondents are ORDERED to immediately release him from custody and are enjoined from re-detaining him during the pendency of the pandemic. (Signed by Judge Andrew L. Carter, Jr on 4/16/2020) (rj)
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| Transmission to the Civil Case Openings Clerk. Transmitted re: #28 Order on Motion to Dismiss,,,,,, to the Civil Case Openings Clerk for case processing..(kgo) |
| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Andre Buriti De Melo, Christopher Hiraldo Disla, Franklin Perez Liriano, Nohasses Gonzalez Cruz, Rickey Roberts, Carlos Argueta Cruz, Kirk Morgan, Renat Takhtakhunov, Aamir Shaikh only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (rj) |
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Filing 28
ORDER granting in part and denying in part #13 Motion to Dismiss. Pursuant to the Show Cause hearing held on April 13, 2020, Respondents' motion to sever is hereby GRANTED in part and DENIED in part. The Court severs the claims of Petitioner Jose Velesaca and opens his Petition as a separate civil action, leaving Andre Buriti De Melo, Christopher Hiraldo Disla, Franklin Perez Liriano, Nohasses Gonzalez Cruz, Rickey Roberts, Carlos Argueta Cruz, Kirk Morgan, Renat Takhtakhunov and Aamir Shaikh to proceed in this action. Since each of the Petitioners remaining in this action were or are detained in the District of New Jersey, Respondents' motion to transfer the case to the District of New Jersey is hereby GRANTED. 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 the Court is also respectfully requested to effectuate the severance of Petitioner Jose Velesaca's claim as soon as possible. (Signed by Judge Andrew L. Carter, Jr on 4/14/2020) (rj) Transmission to Office of the Clerk of Court for processing.
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| PARTY TRANSFERRED OUT ELECTRONICALLY pertaining to Andre Buriti De Melo, Christopher Hiraldo Disla, Franklin Perez Liriano, Nohasses Gonzalez Cruz, Rickey Roberts, Carlos Argueta Cruz, Kirk Morgan, Renat Takhtakhunov, Aamir Shaikh only, from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey.(rj) |
| Filing 27 FIRST LETTER addressed to Judge Andrew L. Carter, Jr. from Craig Relles, Esq. dated April 13, 2020 re: Transfer to New Jersey.. Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca..(Relles, Craig) |
| Filing 26 LETTER addressed to Judge Andrew L. Carter, Jr. from Rachael L. Doud dated April 12, 2020 re: Opposition to Motion for a Temporary Restraining Order and Preliminary Injunction. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf. (Attachments: #1 Orange County Jail Declaration, #2 ICE Guidance).(Doud, Rachael) |
| Filing 25 DECLARATION of Craig Relles in Support re: #24 Reply Memorandum of Law in Support of Motion,. Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca. (Attachments: #1 Exhibit Whistleblower Declaration, #2 Exhibit Declaration of Carlos Franco-Paredes, M.D., #3 Exhibit Declaration of Dr. Peter S. Scharf, #4 Exhibit Declaration of Dr. Ranit Mishori, #5 Exhibit Declaration of Dr. Homer Venters, #6 Exhibit Declaration of Dr. Jaimie Meyer, #7 Affidavit Affidavit of Richard Rose, #8 Affidavit Affidavit of Kirk Morgan, #9 Affidavit Affidavit of Christopher Hiraldo Disla, #10 Affidavit Affirmation of Edgar L. Fankbonner, Esq., #11 Exhibit CDC Guidance on COVID-19, #12 Affidavit Affirmation of Craig Relles, Esq.).(Relles, Craig) |
| Filing 24 FIRST REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss Two Petitioners as Moot; Sever Petitions; and Transfer Case to the District of New Jersey. . Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca..(Relles, Craig) |
| Filing 23 DECLARATION of Rachael L. Doud in Opposition re: #6 FIRST MOTION for Temporary Restraining Order .. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Doud, Rachael) |
| Filing 22 DECLARATION of Lawrence Catletti in Opposition re: #6 FIRST MOTION for Temporary Restraining Order .. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 21 DECLARATION of Ron Edwards in Opposition re: #6 FIRST MOTION for Temporary Restraining Order .. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 20 DECLARATION of Alfaro Ortiz in Opposition re: #6 FIRST MOTION for Temporary Restraining Order .. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 19 DECLARATION of Steven Ahrendt in Opposition re: #6 FIRST MOTION for Temporary Restraining Order .. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 18 MEMORANDUM OF LAW in Opposition re: #6 FIRST MOTION for Temporary Restraining Order . . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf. (Attachments: #1 Moon Declaration).(Doud, Rachael) |
| Filing 17 FIRST MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss Two Petitioners as Moot; Sever Petitions; and Transfer Case to the District of New Jersey. . Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca. (Attachments: #1 Exhibit Hudson County ICE Detainee Handbook).(Relles, Craig) |
| Filing 16 LETTER addressed to Judge Andrew L. Carter, Jr. from Edgar L. Fankbonner dated 04/06/2020 re: Joint Status Report. Document filed by Renat Takhtakhunov, Jose Velesaca..(Fankbonner, Edgar) |
| Filing 15 DECLARATION of Rachael L. Doud in Support re: #13 MOTION to Dismiss Two Petitioners as Moot; Sever Petitions; and Transfer Case to the District of New Jersey.. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M).(Doud, Rachael) |
| Filing 14 MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss Two Petitioners as Moot; Sever Petitions; and Transfer Case to the District of New Jersey. . Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 13 MOTION to Dismiss Two Petitioners as Moot; Sever Petitions; and Transfer Case to the District of New Jersey. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
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Filing 12
ORDER denying #10 Letter Motion for Conference. The Court is in receipt of Respondents' pre-motion conference letter dated April 1, 2020. ECF No. 10. Respondents' request for a pre-motion conference is DENIED. The Parties shall file a Joint Status Report, including a proposed briefing schedule for Respondents' motions, on or before April 6, 2020. (Signed by Judge Andrew L. Carter, Jr on 4/2/2020) (rj)
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Filing 11
ORDER TO SHOW CAUSE: It is hereby ORDERED that the above named Respondents show cause before a motion term of this Court on April 13, 2020 at 11:00 am, or as soon thereafter as counsel may be heard, why an order should not be imposed pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily ordering Respondents to (i) release Petitioners; and (2) not re-detain Petitioners during the pendency of this action. In light the ongoing health emergency, the Show Cause Hearing will be held via telephone. The parties should contact the Court at 1-888-363-4749 on the date and time specified above and once prompted should dial the conference code 3768660. It is further ORDERED that: 1. Petitioners shall serve a copy of this Order and all supporting papers, on Respondents or their counsel, on or before 5:00 pm on April 2, 2020, via overnight mail and such service shall be deemed good and sufficient service; 2. Answering papers, if any shall be served upon the attorneys for Petitioners by delivering copies thereof to their office or filing such documents on ECF on or before April 8, 2020; 3. Reply papers, if any, shall be served upon the attorneys for Petitioners by delivering copies thereof to their office or filing such documents on ECF on or before April 10, 2020; and 4. The Parties shall also email courtesy copies of documents listed above to the opposing party. Show Cause Hearing set for 4/13/2020 at 11:00 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 4/1/2020) (rj)
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| Filing 10 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Rachael L. Doud dated April 1, 2020. Document filed by Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 9 NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of Steven Ahrendt, William Anderson, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf..(Doud, Rachael) |
| Filing 8 LETTER addressed to Judge Andrew L. Carter, Jr. from Craig Relles, Esq. dated March 31, 2020 re: Release from custody of Mr. Hiraldo Disla and Mr. Morgan.. Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca..(Relles, Craig) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca. Related Document Number: #6 ..(Relles, Craig) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 FIRST MOTION for Temporary Restraining Order . Document filed by Carlos Argueta Cruz, Andre Buriti De Melo, Nohasses Gonzalez Cruz, Christopher Hiraldo Disla, Kirk Morgan, Franklin Perez Liriano, Rickey Roberts, Aamir Shaikh, Renat Takhtakhunov, Jose Velesaca. (Attachments: #1 Exhibit Declaration of Craig Relles, #2 Exhibit Declaration of Craig Relles (Notice to Respondents)).(Relles, Craig) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 5 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Carlos Argueta Cruz, Jose Velesaca, Andre Buriti De Melo, Rickey Roberts, Christopher Hiraldo Disla, Renat Takhtakhunov, Kirk Morgan, Franklin Perez Liriano, Aamir Shaikh, Nohasses Gonzalez Cruz..(Relles, Craig) |
| Case Designated ECF. (pne) |
| Magistrate Judge Sarah Netburn 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 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Craig Relles. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Nature of Suit code 530 (Habeas Corpus (General)); County code Orange. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Nature of Suit code has been modified to 463 (Habeas Corpus - Alien Detainee); the County code has been modified to XX Out of State. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Craig Relles to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): all filers were not selected for the pleading. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Craig Relles. The party information for the following party/parties has been modified: Steven Ahrendt, William Anderson, Carlos Argueta Cruz, William P. Barr, Thomas Decker, Carl E. DuBois, Ronald P. Edwards, Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted. (pne) |
| Filing 4 NOTICE OF APPEARANCE by Edgar Loy Fankbonner on behalf of Renat Takhtakhunov..(Fankbonner, Edgar) |
| Filing 3 NOTICE OF APPEARANCE by Edgar Loy Fankbonner on behalf of Jose Velesaca..(Fankbonner, Edgar) |
| Filing 2 CIVIL COVER SHEET filed..(Relles, Craig) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19261283)Document filed by Andre Buriti De Melo..(Relles, Craig) Modified on 3/30/2020 (pne). |
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