KHAN v. DECKER et al
| BIBI FAZEEMA KHAN |
| Secretary CHAD WOLF and H.O. THOMAS DECKER |
| 2:2020cv12793 |
| September 17, 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 September 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Clerk's Letter: Attorney is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address. (jr) |
| Filing 17 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-06536. Original file certified copy of transfer order and docket sheet received. |
Filing 16
MEMO ENDORSEMENT on re: #11 Letter, filed by Chad Wolf, Thomas Decker. ENDORSEMENT: The Government's motion to transfer is granted. "'District courts are limited to granting habeas relief 'within their respective jurisdictions.'" Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting 28 U.S.C. 2241(a)). [T]he general rule [is] that for core habeas petitions challenging present physical confinement," such as this one, "jurisdiction lies in only one district: the district of confinement." Id. at 443. "'[T]he district of confinement is synonymous with the district court that has territorial jurisdiction over the proper respondent,...i.e. 'the warden of the facility where petitioner is being held.'" Ali v. DHS/ICE/Dep't of Justice, No. 19 CIV. 8645 (LGS), 2020 WL 3057383, at *2 (S.D.N.Y. June 9, 2020) (quoting Padilla, 542 U.S. at 435, 444)). "'Although Padilla did not specifically address [this] rule in the immigration habeas context, and there is no direct Second Circuit authority on this issue, an overwhelming majority of courts in this District have applied Padilla's default rule to 'core' habeas challenges in the immigration context.'" Id. (quoting Darboe v. Ahrendt, No. 19 Civ. 11393, 2020 WL 1057502, at *1 (S.D.N.Y. Mar. 2, 2020)). Here, because Petitioner is detained at the Bergen County Jail in New Jersey (Pet. (Dkt. No. 1) 8), the proper respondent is the warden of that facility and "jurisdiction is proper only in the district...with jurisdiction over the warden i.e. the District of Jersey. Ali, 2020 WL 3057383, at *2 (footnote omitted). Though Petitioner notes that she "was taken into custody in New York by ICE" and "had hearings in the Immigration Court in Batavia, New York and...[in] Manhattan" (Pet. Ltr. (Dkt. No. 15) at 1), "[j]urisdiction is determined by the location of Petitioners detention at the time of filing." Ali, 2020 WL 3057383, at *2. Here, at the time of filing, Petitioner was detained at the Bergen County Jail, making jurisdiction proper in the District of New Jersey. (Pet. (Dkt. No. 1) 8) For these reasons, the Government's motion to transfer (Dkt. No. 11) is granted and the Clerk of Court is directed to transfer this case to the District of New Jersey. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/17/2020) (jca)
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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 (jca) |
| Case assigned to Judge Madeline Cox Arleo. (jr) |
| Filing 15 LETTER addressed to Judge Paul G. Gardephe from Edon H. Warslie dated 09/15/2020 re: Opposition to Transfer Request. Document filed by Bibi Fazeema Khan..(Warslie, Edon) |
| Filing 14 CERTIFICATE OF SERVICE of Summons, Habeas served on Chad Wolf on 09/14/2020. Service was made by MAIL. Document filed by Bibi Fazeema Khan..(Warslie, Edon) |
| Filing 13 CERTIFICATE OF SERVICE of Summons, Habeas served on Thomas Decker on 09/14/2020. Service was made by MAIL. Document filed by Bibi Fazeema Khan..(Warslie, Edon) |
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Filing 12
MEMO ENDORSEMENT on re: #11 Letter, filed by Chad Wolf, Thomas Decker. ENDORSEMENT: Petitioner is directed to respond to the Government's letter by September 15, 2020. The submission should state whether Petitioner agrees that the seven-day waiting period contained in Local Civil Rule 83.1 should be waived if the Court transfers this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/12/2020) (jca)
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| Filing 11 LETTER addressed to Judge Paul G. Gardephe from Brandon M. Waterman dated September 10, 2020 re: Request that this case be promptly transferred to the petitioner's district of confinement (the District of New Jersey), or otherwise that the petitioner be ordered to show cause why this action should not be transferred. Document filed by Thomas Decker, Chad Wolf..(Waterman, Brandon) |
| Filing 10 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Chad Wolf..(Waterman, Brandon) |
| Filing 9 NOTICE OF APPEARANCE by Edon Hamid Warslie on behalf of Bibi Fazeema Khan..(Warslie, Edon) |
| Filing 8 NOTICE of Consent to send case to Magistrate. Document filed by Bibi Fazeema Khan..(Warslie, Edon) |
| Filing 7 CIVIL COVER SHEET filed..(Warslie, Edon) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Chad Wolf..(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Thomas Decker..(pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edon Hamid Warslie. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edon Hamid Warslie. The party information for the following party/parties has been modified: BIBI FAZEEMA KHAN, Thomas R. Decker, Acting Sec. of DHS Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Edon Hamid Warslie to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple natures of suit were selected. Choose one. Civil cover sheet was not signed. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to CHAD WOLF, re: #1 Petition for Writ of Habeas Corpus,. Document filed by BIBI FAZEEMA KHAN..(Warslie, Edon) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to THOMAS DECKER, re: #1 Petition for Writ of Habeas Corpus,. Document filed by BIBI FAZEEMA KHAN..(Warslie, Edon) |
| Filing 2 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - CIVIL COVER SHEET filed..(Warslie, Edon) Modified on 8/18/2020 (pc). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-21185531)Document filed by BIBI FAZEEMA KHAN. (Attachments: #1 Exhibit Visa, Court + BIA Decisions, #2 Exhibit Petitioner's Medical Records, #3 Exhibit Emails to ICE and AUSA, #4 Exhibit COVID-19 Stats and Articles).(Warslie, Edon) |
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