JOSS v. PITTMAN et al
| HORATIO JOSS |
| YOLANDA PITTMAN, JOHN TSOUKARIS and ALEJANDRO N. MAYORKAS |
| 2:2023cv22351 |
| November 14, 2023 |
| US District Court for the District of New Jersey |
| Brian R Martinotti |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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Filing 7
ORDER OF VOLUNTARY DISMISSAL that all of Petitioner's claims against the Respondent are dismissed without prejudice and without costs, attorneys' fees, expenses or disbursements to any party. YOLANDA PITTMAN (in her official capacity as warden of the Elizabeth Contract Detention Facility) terminated. Signed by Judge Brian R. Martinotti on 1/5/2024. (sm)
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| Filing 6 STIPULATION of Dismissal on Behalf of the Parties by YOLANDA PITTMAN. (MAILLOUX, MATTHEW) |
| Filing 5 NOTICE of Appearance by MATTHEW JOSEPH MAILLOUX on behalf of YOLANDA PITTMAN (MAILLOUX, MATTHEW) |
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Filing 4
TEXT ORDER: The Court is in receipt of and has reviewed Petitioners letter regarding his potential removal. (ECF No. 3.) However, pursuant to 1252(g) no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to... removal orders against any alien under this chapter. This provision prohibits challenges to three of the Attorney General's decision[s] or action[s]: those that commence proceedings, adjudicate cases, or execute removal orders. Tazu v. Attorney General United States, 975 F.3d 292, 296 (quoting 1252(g)). Therefore, the Court lacks jurisdiction over Petitioners request that it interfere with his removal proceedings. Accordingly, the Courts November 11, 2023 Order (ECF No. #2 ) is still in effect, and Respondents shall file their answer in accordance with that Order. So Ordered by Judge Brian R. Martinotti on 11/29/2023. (lr, )
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| Filing 3 Letter from Steven A. Ashur. (ASHUR, STEVEN) |
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Filing 2
ORDER that the Clerk of the Court shall serve copies of the Petition and this Order upon Respondents by regular mail, with all costs of service advanced by the United States; the Clerk of the Court shall forward a copy of the Petition and this Order to Chief, Civil Division, United States Attorneys Office, at the following email address: USANJ-HabeasCases@usdoj.gov; that, within 45 days after the date of entry of this Order, Respondent shall electronically file a full and complete answer to said Petition; that Petitioner may file and serve a reply in support of the Petition within 30 days after the answer is filed; that, within 7 days after any change in Petitioners immigration or custody status, be it release, a final order of removal, or otherwise, Respondent shall electronically file a written notice of the same with the Clerk of the Court. Signed by Judge Brian R. Martinotti on 11/15/2023. (sm)
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| Filing 1 First PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-14872230.), filed by Horatio Joss. (Attachments: #1 Civil Cover Sheet)(ASHUR, STEVEN) |
| Case assigned to Judge Brian R. Martinotti. (jr) |
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