FRANCOIS v. RUSSO et al
Petitioner: ERNEST FRANCOIS
Respondent: DEPUTY CHIEF MICHAEL RUSSO, JOHN TSOUKARIS, ALEJANDRO MAYORKAS, TAE D. JOHNSON and MONTY WILKINSON
Case Number: 2:2021cv03700
Filed: March 2, 2021
Court: US District Court for the District of New Jersey
Presiding Judge: Kevin McNulty
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2021 Opinion or Order Filing 3 RESPONSE to Petition for Writ of Habeas Corpus by TAE D. JOHNSON, ALEJANDRO MAYORKAS, MICHAEL RUSSO, JOHN TSOUKARIS, MONTY WILKINSON. (Attachments: #1 Exhibit A, Notice to Appear, #2 Exhibit B, Form I-213 Record of Deportable/Inadmissible Alien, #3 Exhibit C, BIA Decision, #4 Declaration of Charles E. Hester)(HAJDARPASIC, ENES)
March 9, 2021 Opinion or Order Filing 2 MEMORANDUM AND ORDER: within forty-five (45) days of the entry of this Memorandum and Order, Respondents shall file and serve an answer that (1) responds to the allegations and grounds in the petition and (2) includes all affirmative defenses Respondents seek to invoke etc. Signed by Judge Kevin McNulty on 3/9/2021. (bt, )
March 3, 2021 Opinion or Order Case assigned to Judge Kevin McNulty. (jr)
March 2, 2021 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-12217590.), filed by ERNEST FRANCOIS. (Attachments: #1 Civil Cover Sheet, #2 Index of Exhibits, #3 Exhibit A: Decision & order of the immigration judge in Petitioners removal proceedings (Dec. 21, 2018), #4 Exhibit B: Decision of the Board of Immigration Appeals in Petitioners removal proceedings (May 21, 2019), #5 Exhibit C: Order of the Third Circuit Court of Appeals, granting Petitioner a temporary administrative stay pending disposition of his motion for stay of removal (July 1, 2019), #6 Exhibit D: Order of the Third Circuit Court of Appeals, granting Petitioners motion for stay of removal (Apr. 29, 2020), #7 Exhibit E: Parties joint motion for dismissal of Petitioners petition for review before the Third Circuit Court of Appeals (Aug. 23, 2020), #8 Exhibit F: Order of the Third Circuit Court of Appeals, dismissing Petitioners petition for review upon joint motion of the parties (Aug. 24, 2020), #9 Exhibit G: Petitioners Motion to Reopen before the Board of Immigration Appeals (Aug. 13, 2020), #10 Exhibit H: Receipt notice from the Board of Immigration Appeals for Petitioners Motion to Reopen (Aug. 27, 2020), #11 Exhibit I: Parties joint motion to administratively stay Petitioners removal pending adjudication of his motion to reopen (Sept. 2, 2020), #12 Exhibit J: Exec. Off. for Immigr. Rev. Automated Case Information for Petitioners motion to reopen (accessed Mar 1, 2021), #13 Exhibit K: Opinion of District Judge Kevin NcNulty in Ernst. F. v. Green, No. 19-10189 (D.N.J.), granting Petitioners prior petition for writ of habeas corpus (Oct. 18, 2019), #14 Exhibit L: Order of District Judge Kevin NcNulty in Ernst. F. v. Green, No. 19-10189 (D.N.J.), ordering the government to provide Petitioner an individualized custody determination before an immigration judge (Oct. 18, 2019), #15 Exhibit M: Decision of the Board of Immigration Appeals in Petitioners custody-redetermination proceedings (Mar. 24, 2020), #16 Exhibit N: Copy of email correspondence between Petitioners counsel and ICE officials concerning the Haitian consulates refusal to interview Petitioner, #17 Exhibit O: Petitioners request for release from custody pursuant to Fraihat v. ICE (May 14, 2020), #18 Exhibit P: ICE denial of parole request (May 18, 2020), #19 Exhibit Q: ICE decision to continue detention (Nov. 25, 2020), #20 Exhibit R: Petitioners request for release from custody (Jan. 14, 2021), #21 Exhibit S: Copy of email correspondence between Petitioners counsel and ICE officials reflecting ICEs refusal to reconsider Mr. Francoiss custody status (Jan. 15, 2021), #22 Exhibit T: ICE notice of Feb. 10, 2021 post-order custody review (Jan. 25, 2021), #23 Exhibit U: Petitioners request for release from custody pursuant to 8 C.F.R. 241.13 (Feb. 19, 2021), #24 Certificate of Service)(JOHNSON, MATTHEW)

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Respondent: DEPUTY CHIEF MICHAEL RUSSO
Represented By: ENES HAJDARPASIC
Represented By: JOHN ANDREW RUYMANN
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Respondent: JOHN TSOUKARIS
Represented By: ENES HAJDARPASIC
Represented By: JOHN ANDREW RUYMANN
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Respondent: ALEJANDRO MAYORKAS
Represented By: ENES HAJDARPASIC
Represented By: JOHN ANDREW RUYMANN
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Respondent: TAE D. JOHNSON
Represented By: ENES HAJDARPASIC
Represented By: JOHN ANDREW RUYMANN
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Respondent: MONTY WILKINSON
Represented By: ENES HAJDARPASIC
Represented By: JOHN ANDREW RUYMANN
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Petitioner: ERNEST FRANCOIS
Represented By: MATTHEW ANTHONY JOHNSON
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