PATZAN CHAMALE v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
| Jose Matias Patzan Chamale and Mario Lopez Velasquez |
| UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF and THOMAS R. DECKER |
| 2:2020cv05683 |
| May 7, 2020 |
| US District Court for the District of New Jersey |
| Newark Office |
| John Michael Vazquez |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 23
ORDER that Petitioner's Petition for Writ of Habeas Corpus is DENIED without Prejudice ***CIVIL CASE TERMINATED***. Signed by Judge John Michael Vazquez on 5/27/2020. (ams, )
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| Filing 22 OPINION. Signed by Judge John Michael Vazquez on 5/27/2020. (ams, ) |
| Filing 21 Letter from Leo W. Fraser. (GENGARO, CHRISTOPHER) |
| Filing 20 Minute Entry for proceedings held before Judge John Michael Vazquez: Hearing held on 5/19/2020 by telephone conferencing regarding the pending emergent application (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) |
| Filing 19 REPLY to Response re #18 Response to Habeas Petition,,,. (Attachments: #1 Affidavit)(GENGARO, CHRISTOPHER) |
| Filing 18 RESPONSE to Petition for Writ of Habeas Corpus by THOMAS R. DECKER, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF. (Attachments: #1 Exhibit 1 (CDC Interim Guidance), #2 Exhibit 2 (Covid-19 Response Plan), #3 Exhibit 3 (ICE April 4, 2020 Updated Guidance), #4 Exhibit 4 (ICE April 10, 2020 Pandemic Response Requirements), #5 Exhibit 5 (Declaration of Ronald Edwards, dated May 18, 2020), #6 Exhibit 6 (Notice to Appear), #7 Exhibit 7 (Custody Determination), #8 Exhibit 8 (IJ Bond Hearing Denial), #9 Exhibit 9 (Cancellation of Removal), #10 Exhibit 10 (IJ Removal Order), #11 Exhibit 11 (IJ Oral Decision), #12 Exhibit 12 (BIA Appeal))(KURUVILLA, BEN) |
| Filing 17 Notice of Request by Pro Hac Vice Leo W. Fraser to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-10824243.) (GENGARO, CHRISTOPHER) |
| Pro Hac Vice counsel, LEO W. FRASER, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ams, ) |
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Filing 16
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice as to Leo W. Fraser, Esq. Signed by Judge John Michael Vazquez on 5/15/2020. (ams, )
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| Set Deadlines as to #14 MOTION for Leave to Appear Pro Hac Vice . Motion set for 6/15/2020 before Judge John Michael Vazquez. 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. (ams, ) |
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Filing 15
TEXT ORDER: Pursuant to the telephone conference held today, May 11, 2020, Respondents response is due by May 18, 2020. Oral argument by telephone conferencing is scheduled for May 19, 2020 at 2:00 p.m. Counsel are to utilize the dial-in information previously provided by the court.. So Ordered by Judge John Michael Vazquez on 5/11/2020. (ro, )
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice by JOSE MATIAS PATZAN CHAMALE. (Attachments: #1 Certification Certification of Leo W. Fraser, #2 Certification Certification of Christopher P. Gengaro)(GENGARO, CHRISTOPHER) |
| Filing 13 Minute Entry for proceedings held before Judge John Michael Vazquez: Status telephone conference held on 5/11/2020 regarding the pending application for emergent relief. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) |
| Filing 12 First PETITION for Writ of Habeas Corpus COVID-19 ( Filing fee $ 5 receipt number ANJDC-10797553.), filed by JOSE MATIAS PATZAN CHAMALE.(GENGARO, CHRISTOPHER) |
| Filing 11 NOTICE of Appearance by CHRISTOPHER P. GENGARO on behalf of JOSE MATIAS PATZAN CHAMALE (GENGARO, CHRISTOPHER) |
| Filing 10 Substitution of Attorney - Attorney ENES HAJDARPASIC and JOHN ANDREW RUYMANN terminated. Attorney BEN KURUVILLA for THOMAS R. DECKER,BEN KURUVILLA for UNITED STATES DEPARTMENT OF HOMELAND SECURITY,BEN KURUVILLA for UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,BEN KURUVILLA for CHAD F. WOLF added.. (KURUVILLA, BEN) |
| Filing 9 NOTICE of Appearance by THANDIWE BOYLAN on behalf of THOMAS R. DECKER, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, CHAD F. WOLF (BOYLAN, THANDIWE) |
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Filing 8
TEXT ORDER: Scheduling a telephone conference for today, May 11, 2020 at 3:00 p.m. regarding the pending application for emergent relief. Counsel for Petitioner shall file their appearance on the court docket. The court will provide counsel with dial-in information. So Ordered by Judge John Michael Vazquez on 5/11/2020. (ro, )
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| Filing 7 Clerk's Letter: Attorney LEO W. FRASER, III, Esq. is not admitted to the Federal Bar of New Jersey. Notice has been emailed to the attorney's email address and mailed to the attorney's address. (th, ) |
| Case Assigned to Judge John Michael Vazquez. (ak, ) |
| Filing 6 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-03517. Original file certified copy of transfer order and docket sheet received. |
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Filing 5
ORDER: Petitioner, at the time of the filing of this petition and since his arrest on December 6, 2019, has been confined exclusively in the District of New Jersey. See Dkt. 1 1, 3. For the reasons set forth in the Court's decision in Almazo, 2018 WL 5919523, at *12, the Court holds that it lacks venue over petitioners' core habeas claims. The Court therefore transfers this case to the District of New Jersey sua sponte. The Court waives the seven-day period articulated in Local Civil Rule 83.1 to effectuate the transfer of the case. In light of the significant liberty interests at stake, including the serious risks that continued confinement poses to petitioner's health, the Court directs the Clerk of Court to effectuate this transfer as soon as possible. (Signed by Judge Paul A. Engelmayer on 5/7/2020) (jwh)
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| Filing 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jose Matias Patzan Chamale. (Attachments: #1 Affidavit Affirmation in Support, #2 Text of Proposed Order Proposed Order to Show Cause, #3 Exhibit Petiitioner's Passport (Redacted), #4 Exhibit Rap Sheet (Redacted), #5 Exhibit Statement of Bernarda Chavrac (Redacted), #6 Exhibit Notice to Appear, #7 Exhibit Notice of Custody Determination, #8 Exhibit Order of Immigration Judge, #9 Exhibit Application for Cancellation of Removal (Redacted), #10 Exhibit Order of Immigration Judge, #11 Exhibit Filing Receipt for Appeal, #12 Exhibit WHO Statement, #13 Exhibit Study on COVID-19 Risks in Jails, #14 Exhibit News Article, #15 Exhibit News Article, #16 Exhibit Open Letter to ICE, #17 Exhibit News Article, #18 Exhibit News Articles, #19 Exhibit News Article, #20 Exhibit News Article, #21 Exhibit Correspondence to ICE, #22 Exhibit Correspondence to ICE).(Fraser, Leo) |
| Filing 3 CIVIL COVER SHEET filed..(Fraser, Leo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Leo William Fraser, III. The party information for the following party/parties has been modified: Jose Matias Patzan Chamale; Chad F Wolf; United States Customs & Immigration Enforcement; Thomas R. Decker. 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; alias party type was entered incorrectly;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Leo William Fraser, III 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. If all of the party names do not fit, use leading party name followed by 'et al'; 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leo William Fraser, III to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the incorrect document was filed for the pleading. The Notice must be filed under the event type Notice. 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 correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| Magistrate Judge James L. Cott 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) |
| 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. (jwh) |
| Case Designated ECF. (jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Fraser, Leo) Modified on 5/7/2020 (jgo). |
| Filing 1 FILING ERROR - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19721520)Document filed by Jose Matias Patzan Chamale. (Attachments: #1 Affidavit Affirmation in Support, #2 Text of Proposed Order Proposed Order to Show Cause, #3 Exhibit Petitioner's Passport Redacted, #4 Exhibit Rap Sheet Redacted, #5 Exhibit Statement of Bernarda Chavrac Redacted, #6 Exhibit Notice to Appear, #7 Exhibit Notice of Custody Determination, #8 Exhibit Order of Immigration Judge, #9 Exhibit Application for Cancellation of Removal, #10 Exhibit Order of Immigration Judge, #11 Exhibit Filing Receipt for Appeal, #12 Exhibit WHO Statement, #13 Exhibit Study of COVID-19 in Jails, #14 Exhibit News Article, #15 Exhibit News Article, #16 Exhibit Open Letter to ICE, #17 Exhibit News Article, #18 Exhibit News Articles, #19 Exhibit News Articles, #20 Exhibit News Article, #21 Exhibit Correspondence to ICE, #22 Exhibit Correspondence to ICE).(Fraser, Leo) Modified on 5/7/2020 (jgo). |
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