AUGUSTIN v. DECKER et al
| DANIEL W. AUGUSTIN |
| STEVEN AHRENDT, Secretary CHAD WOLF, Attorney General WILLIAM BARR, H.O. THOMAS DECKER, THOMAS DECKER, CHAD WOLF and WILLIAM BARR |
| 2:2020cv08494 |
| July 8, 2020 |
| US District Court for the District of New Jersey |
| Newark Office |
| Susan D Wigenton |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 40
ORDER re #39 TRO; The Government shall file its response to Petitioner's motion by 9/8/2020; Petitioner may file a reply by 9/11/2020, etc. Signed by Judge Susan D. Wigenton on 9/2/2020. (ams, )
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| Filing 39 Emergency MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction, Inter Alia, to Prevent Petitioner's Removal from the District of New Jersey by DANIEL W. AUGUSTIN. (VAN MALDEN, STACEY) |
| Filing 38 Letter from Petitioner re #37 Brief. (VAN MALDEN, STACEY) |
| Filing 37 BRIEF in reply to Respondent's memorandum (VAN MALDEN, STACEY) |
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Filing 36
ORDER granting #35 Letter requesting an extension of time until 8/4/2020 to file reply. Signed by Judge Susan D. Wigenton on 7/31/2020. (ams, )
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| Filing 35 Consent MOTION for Extension of Time to File Response/Reply to Respondent's Memorandum by DANIEL W. AUGUSTIN. (VAN MALDEN, STACEY) |
| Filing 34 NOTICE of Appearance by STACEY A. VAN MALDEN on behalf of DANIEL W. AUGUSTIN (VAN MALDEN, STACEY) |
| Filing 33 Exhibit Index to Re #32 Response to Habeas Petition,,,,,. (Attachments: #1 Exhibit 14 (June 18, 2020 Mental Health Note), #2 Exhibit 15 (June 25, 2020 Medical Note), #3 Exhibit 16 (March 7, 2020 Nurse Intake Note), #4 Exhibit 17 (March 8, 2020 Nurse Sick Call Note), #5 Exhibit 18 (June 23, 2020 Sick Call), #6 Exhibit 19 (March 7, 2020 Mental Health Note))(KURUVILLA, BEN)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. |
| Filing 32 RESPONSE to Petition for Writ of Habeas Corpus and Opposition to Motion for Preliminary Injunction and Temporary Restraining Order by STEVEN AHRENDT. (Attachments: #1 Exhibit 1 (CDC Guidance to Correctional Facilities), #2 Exhibit 2 (ICE Action Plan), #3 Exhibit 3 (April 4, 2020 ICE Updated Guidance), #4 Exhibit 4 (June 22, 2020 ICE Covid-19 Pandemic Response Requirements), #5 Exhibit 5 (Criminal History), #6 Exhibit 6 (BIA Decision, dated June 27, 2019), #7 Exhibit 7 (BIA Decision, dated May 18, 2020), #8 Exhibit 8 (IJ Decision, dated November 21, 2019), #9 Exhibit 9 (IJ Decision, dated December 31, 2018), #10 Exhibit 10 (NTA, dated January 17, 2002), #11 Exhibit 11 (NTA, dated April 29, 2015), #12 Exhibit 12 (IJ Order granting cancellation of removal), #13 Exhibit 13 (IJ Order granting re-calendar and venue change), #14 Exhibit 14 (June 18, 2020 mental health note) - filed under seal, #15 Exhibit 15 (June 25, 2020 Medical Note) - filed under seal, #16 Exhibit 16 (March 7, 2020 Nurse Intake Note) - filed under seal, #17 Exhibit 17 (March 8, 2020 Nurse Sick Call Note) - filed under seal, #18 Exhibit 18 (June 23, 2020 Sick Call) - filed under seal, #19 Exhibit 19 (March 7, 2020 Mental Health Screening Note) - filed under seal, #20 Declaration of Deportation Officer, #21 Declaration of Nurse Rachael Thomas, #22 Declaration of Lieutenant Kelly Dato)(KURUVILLA, BEN) |
| Filing 31 NOTICE of Appearance by BEN KURUVILLA on behalf of STEVEN AHRENDT (KURUVILLA, BEN) |
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Filing 30
ORDER that Respondents Decker, Wolf and Barr are dismissed with prejudice as the sole proper respondent in a petition is the warden of the facility, in this case remaining Respondent Steven Ahrendt; Within 10 days after the date of entry of this Order, Respondent shall electronically file an answer to the petition and motion, etc.; Petitioner may file a reply in support of the Petition within 7 days after the answer is filed; Within 7 days after any change in Petitioner's custody or immigration status, Respondent shall electronically file a written notice of the same with the Clerk of the Court (n/m). Signed by Judge Susan D. Wigenton on 7/14/2020. (ams, )
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| Case Assigned to Judge Susan D. Wigenton. (ak, ) |
| Filing 29 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-04862. Original file certified copy of transfer order and docket sheet received. |
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Filing 28
ORDER granting #11 Motion to Change Venue. For the foregoing reasons, Respondents' motion to transfer venue (Dkt. No. 11) is GRANTED. All previously-scheduled deadlines and conferences in this case are CANCELLED. The Clerk of Court is respectfully directed to transfer this case to the United States District Court for the District of New Jersey. In light of the liberty interests at stake, including the risks that continued confinement may pose to Petitioner's health, the Court waives the seven-day waiting period articulated in Local Civil Rule 83.1 and directs the Clerk of Court to effectuate the transfer as soon as possible. SO ORDERED.. (Signed by Judge Lewis J. Liman on 7/8/2020) (va)
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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. (va) |
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time to File Response/Reply. So Ordered. (Signed by Judge Lewis J. Liman on 7/7/20) (yv)
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| Filing 26 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Lewis J. Liman from Brandon Cowart dated July 6, 2020. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 25 MEMORANDUM OF LAW in Opposition re: #20 Response,, Petition for Writ of Habeas Corpus, Preliminary Injunction and Order to Show Cause. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 24 DECLARATION of Dare Aniyikaiye in Opposition re: #20 Response,,. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 23 DECLARATION of Rachael Thomas in Opposition re: #20 Response,,. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 22 DECLARATION of Steven Ahrendt in Opposition re: #20 Response,,. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 21 DECLARATION of Thomas Flynn in Opposition re: #20 Response,,. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 20 RESPONSE re: #1 Petition for Writ of Habeas Corpus . Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19).(Cowart, Brandon) |
| Filing 19 RESPONSE to #1 Petition for Writ of Habeas Corpus. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 18 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION to Change Venue . . Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 17 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #11 MOTION to Change Venue . . Document filed by Daniel W Augustin. (Attachments: #1 Exhibit Exh A-1 Bergen County Intergovernmental Agreement, #2 Exhibit Exh A-2 Bergen County Contract and Handbook, #3 Exhibit Exh B OIG Report, #4 Exhibit Exh C PBNDS, #5 Exhibit Exh D Hudson County Detainee Handbook, #6 Exhibit Exh E Valdez Email, #7 Exhibit Exh F ICE Emails Venue, #8 Exhibit Exh G Miami DO Email)Motion or Order to File Under Seal: #1 .(Fankbonner, Edgar) |
| Filing 16 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #11 MOTION to Change Venue . . Document filed by Daniel W Augustin. Motion or Order to File Under Seal: #1 .(Fankbonner, Edgar) |
| Filing 15 ***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #11 MOTION to Change Venue . . Document filed by Daniel W Augustin, Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf. Motion or Order to File Under Seal: #12 .(Fankbonner, Edgar) |
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Filing 14
ORDER: The Court is in receipt of Respondents' motion for an order to dismiss or transfer venue (Dkt. No. 11). Petitioner is ordered to file a response no later than 5:00 p.m. on July 2, 2020. SO ORDERED. ( Responses due by 7/2/2020) (Signed by Judge Lewis J. Liman on 6/30/2020) (va)
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| Filing 13 DECLARATION of Dare Aniyikaiye in Support re: #11 MOTION to Change Venue .. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Change Venue . . Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf. (Attachments: #1 Exhibit A (Patzan Chamale Transfer Order), #2 Exhibit B (Thomas v. Decker -- Hearing Transcript)).(Cowart, Brandon) |
| Filing 11 MOTION to Change Venue . Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 10 LETTER addressed to Judge Lewis J. Liman from Brandon Cowart dated June 29, 2020 re: Status Update. Document filed by Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
| Filing 9 AFFIDAVIT of Dr. Allen S. Keller in Support re: #1 Petition for Writ of Habeas Corpus, #3 EMERGENCY MOTION for Order to Show Cause Application for Preliminary Injunction and Temporary Restraining Order.. Document filed by Daniel W Augustin..(Fankbonner, Edgar) |
| Filing 8 ***SELECTED PARTIES***AFFIDAVIT of Attorney Edgar L. Fankbonner re: #1 Petition for Writ of Habeas Corpus, #3 EMERGENCY MOTION for Order to Show Cause Application for Preliminary Injunction and Temporary Restraining Order. . Document filed by Daniel W Augustin, Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf. Motion or Order to File Under Seal: #1 .(Fankbonner, Edgar) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 6/25/2020 in re: dkt #3 EMERGENCY MOTION for Order to Show Cause Application for Preliminary Injunction and Temporary Restraining Order filed by Daniel W Augustin. Edgar Fankbonner present by telephone for Petitioner. Brandon Cowart present by telephone for Respondents. Court reporter present. All parties consent to holding oral argument telephonically. Telephonic Oral Argument set for July 17, 2020 at 4:30PM before Judge Lewis J. Liman. (mf) |
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Filing 7
ORDER with respect to #3 Motion for Order to Show Cause. As agreed upon by both parties who were present at the conference held today, the parties shall adhere to the following briefing schedule on Petitioner's Order to Show Cause (Dkt. No. 3.) The Government's opposition shall be filed no later than 5:00 p.m. on July 6, 2020. Petitioners reply shall be filed no later than 5:00 p.m. on July 13, 2020. The parties shall appear for a telephonic preliminary injunction hearing on July 17, 2020 at 4:30 p.m. They are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. (Signed by Judge Lewis J. Liman on 6/25/2020) (va)
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| Set/Reset Hearings: Telephone Conference set for 7/17/2020 at 04:30 PM before Judge Lewis J. Liman. (va) |
| Set/Reset Deadlines: Responses due by 7/6/2020. Replies due by 7/13/2020. (va) |
| Filing 6 NOTICE OF APPEARANCE by Brandon Herbert Cowart on behalf of William Barr, Thomas Decker, Chad Wolf..(Cowart, Brandon) |
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Filing 5
ORDER with respect to #3 Motion for Order to Show Cause. The Court is in receipt of Petitioners Emergency Motion for Order to Show Cause.(Dkt. No. 3.) IT IS HEREBY ORDERED that the parties shall appear for a telephone conference today at 5:00 p.m. The parties are directed to call (888) 251-2909 and use access code 2123101. Petitioner is directed to notify Respondents of this order. So Ordered.. (Signed by Judge Lewis J. Liman on 6/25/2020) (js)
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| Filing 4 ***SELECTED PARTIES***AFFIDAVIT of Attorney Edgar L. Fankbonner in Support re: #3 EMERGENCY MOTION for Order to Show Cause Application for Preliminary Injunction and Temporary Restraining Order.. Document filed by Daniel W Augustin, Steven Ahrendt, William Barr, Thomas Decker, Chad Wolf. (Attachments: #1 Exhibit Declaration of Marjorie S. Augustin, #2 Exhibit Declaration of Sabine Josama, #3 Exhibit Petitioner's Clinical Records: HCCF Medical Intake Report, #4 Exhibit Petitioner's Clinical Records: LIJ North Shore Hospital Patient Discharge, #5 Exhibit Petitioner's Clinical Records: ACT Treatment Plan and Program Notes Pt 1, #6 Exhibit Petitioner's Clinical Records: ACT Treatment Plan and Program Notes Pt 2, #7 Exhibit Petitioner's Clinical Records: ACT Treatment Plan and Program Notes Pt 3)Motion or Order to File Under Seal: #3 .(Fankbonner, Edgar) |
| Filing 3 EMERGENCY MOTION for Order to Show Cause Application for Preliminary Injunction and Temporary Restraining Order. Document filed by Daniel W Augustin..(Fankbonner, Edgar) |
| Filing 2 CIVIL COVER SHEET filed..(Fankbonner, Edgar) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edgar Loy Fankbonner. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edgar Loy Fankbonner. The party information for the following party/parties has been modified: Thomas R. Decker ; Acting Sec. of DHS Chad Wolf ; WILLIAM BARR ; Steven Ahrendt. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly; party text was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(dnh) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edgar Loy Fankbonner. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) |
| Magistrate Judge Barbara C. Moses 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. (dnh) |
| Set/Reset Hearings: Telephone Conference set for 6/25/2020 at 05:00 PM before Judge Lewis J. Liman. (js) |
| Case Designated ECF. (dnh) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-20406311)Document filed by Daniel W Augustin..(Fankbonner, Edgar) |
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