PEREZ v. EDWARDS
Nery Gonzalez Perez |
MERRICK GARLAND, THOMAS R. DECKER, ALEJANDRO MAYORKAS and RONALD P. EDWARDS |
2:2021cv09553 |
April 16, 2021 |
US District Court for the District of New Jersey |
Newark Office |
Brian R Martinotti |
Habeas Corpus - Alien Detainee |
28 U.S.C. § 2241 |
None |
Docket Report
This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.
Document Text |
---|
Filing 24 BRIEF in Reply in Support of Petition for a Writ of Habeas Corpus (MIGLIACCIO, LAUREN) |
Filing 23 ANSWER to Amended Complaint by RONALD P. EDWARDS. (Attachments: #1 Exhibit A, Notice to Appear, #2 Exhibit B, May 11, 2021 Decision and Order of the Immigration Judge, #3 Exhibit C, Rap Sheet, #4 Exhibit D, March 13, 2020 BIA Decision, #5 Exhibit E, County of Westchester Misdemeanor Complaint, #6 Exhibit F, Form I-200 Warrant for Arrest, #7 Exhibit G, Notice of Custody Determination, #8 Exhibit H, Motion for Bond Redetermination, #9 Exhibit I, April 12, 2021 Bond Order, #10 Exhibit J, Motion to Terminate, #11 Declaration of Melanie White-Ochoa)(HAJDARPASIC, ENES) |
Filing 22 AMENDED COMPLAINT against WARDEN OF HUDSON COUNTY JAIL, filed by Nery Gonzalez Perez. (Attachments: #1 Exhibit A - Hamburg Declaration, #2 Exhibit B - IJ Decision, #3 Exhibit C - IJ Bond Order 2018, #4 Exhibit D - Notice to EOIR, #5 Exhibit E - BIA Decision, #6 Exhibit F - Visco Letter, #7 Exhibit G - Warrant for Arrest, #8 Exhibit H - Custody Determination, #9 Exhibit I - IJ Bond Order 2021)(MIGLIACCIO, LAUREN) |
Filing 21 ORDER granting #20 Letter re Briefing Schedule. Signed by Judge Brian R. Martinotti on 4/29/2021. (ams, ) |
Filing 20 Letter from Petitioner Re Proposed Briefing Schedule. (MIGLIACCIO, LAUREN) |
Filing 19 ORDER that Respondents Thomas Decker, Alejandro Mayorkas and Merrick Garland are dismissed with Prejudice as the sole proper Respondent is the Warden of Hudson County Jail; Within 14 days after the date of entry of this Order, Respondent shall electronically file a full and complete answer to the Petition and Motion for Preliminary Injunction, etc.; Petitioner may file and serve a reply in support of the Petition within 7 days after the answer is filed, etc. (n/m). Signed by Judge Brian R. Martinotti on 4/21/2021. (ams, ) |
Filing 18 NOTICE of Appearance by LAUREN MARIE MIGLIACCIO on behalf of Nery Gonzalez Perez (MIGLIACCIO, LAUREN) |
Filing 17 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 16 Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:21-cv-02360. Original file certified copy of transfer order and docket sheet received. |
Case assigned to Judge Brian R. Martinotti. (jr) |
Filing 15 TRANSFER ORDER: For the reasons set forth on the record at the April 15, 2021 proceeding before this Court, the Court hereby transfers this matter to the District of New Jersey. Given the significant liberty interest at stake and the time sensitivity of Petitioner's claim, 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. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/15/2021) (ama) |
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (ama) |
Filing 14 SUPPLEMENTAL LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated April 13, 2021 re: response to petitioner's supplemental letter regarding venue (ECF No. 11). Document filed by Thomas R. Decker, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
Filing 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/7/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
Filing 12 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/7/2021 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021..(McGuirk, Kelly) |
Filing 11 LETTER addressed to Judge Andrew L. Carter, Jr. from Petitioner, Nery Gonzalez-Perez dated 4/9/2021 re: Venue. Document filed by Nery Gonzalez Perez..(Brewer, Ryan) |
Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 4/7/2021. Ryan Brewer for Petitioner. Michael James Byrars for Respondent. Supplemental letter brief due by 4/9/2021. Response from Respondent is due by 4/13/2021. Telephone Status Conference set for 4/15/2021 at 4:00 p.m. Participants are directed to contact the Court at that date and time at 1-(888)363-4749 (access code: 3768660). (Court Reporter: Rebecca Forman) (tdh) |
Filing 10 LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated April 7, 2021 re: reply to petitioner's April 5 letter. Document filed by Thomas R. Decker, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit - government brief in De Melo v. Decker (redacted)).(Byars, Michael) |
Filing 9 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Petitioner, Nery Gonzalez-Perez dated 4/5/2021 re: #7 LETTER MOTION to Expedite consideration of the government's objection to jurisdiction/venue in this Court pursuant to Rumsfeld v. Padilla, 542 U.S. 426 (2004), addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated Ap . Document filed by Nery Gonzalez Perez. (Attachments: #1 Exhibit).(Brewer, Ryan) |
Filing 8 ORDER: On March 26, 2021, Petitioner filed a motion for preliminary injunction. Respondents appeared on March 30, 2021. The Court set a briefing schedule by an Order dated April 1, 2021. However, Respondent has filed a jurisdictional objection and requested expedited resolution of the matter. Accordingly, Petitioner is ORDERED to file a response to Defendant's objection by April 5, 2021. The Court hereby sets a telephonic conference for April 7, 2021 at 3 p.m. Participants are directed to contact the Court at that date and time at (888) 363-4749 (access code: 3768660). SO ORDERED., ( Responses due by 4/5/2021, Telephone Conference set for 4/7/2021 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 4/02/2021) (ama) |
Filing 7 LETTER MOTION to Expedite consideration of the government's objection to jurisdiction/venue in this Court pursuant to Rumsfeld v. Padilla, 542 U.S. 426 (2004), addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated April 2, 2021. Document filed by Thomas R. Decker, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit A - Transcript of oral ruling, De Melo v. Decker, No. 20 Civ. 2463 (ALC), #2 Exhibit B - Declaration of Supervisory Detention and Deportation Officer Melanie C. White-Ochoa).(Byars, Michael) |
Filing 6 ORDER: On March 26, 2021, Petitioner filed a motion for preliminary injunction. Respondents appeared on March 30, 2021. The Court hereby ORDERS the parties to comply with the below briefing schedule. Responses due by 4/5/2021, Replies due by 4/7/2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/01/2021) (ama) |
Filing 5 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas R. Decker, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
Filing 4 BRIEF re: #3 MOTION for Preliminary Injunction . . Document filed by Nery Gonzalez Perez. (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).(Brewer, Ryan) |
Filing 3 MOTION for Preliminary Injunction . Document filed by Nery Gonzalez Perez..(Brewer, Ryan) |
Filing 2 CIVIL COVER SHEET filed..(Brewer, Ryan) |
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..(gp) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ryan Brewer. The party information for the following party/parties has been modified: ALL RESPONDENTS. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (gp) |
Magistrate Judge Debra C. Freeman 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. (gp) |
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ryan Brewer. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
Case Designated ECF. (gp) |
Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number CNYSDC-24269686)Document filed by Nery Gonzalez Perez. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D).(Brewer, Ryan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New Jersey District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.