Matias Madera v. Decker et al
| Carlos Alfredo Matias Madera |
| Thomas Decker, Jefferson B. Sessions, III and Kirstjen Nielsen |
| 1:2018cv07314 |
| August 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Alvin K Hellerstein |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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Filing 30
ORDER DENYING MOTION TO DISMISS OR TRANSFER FOR VENUE denying #19 Motion to Dismiss. Respondents' motion to dismiss or transfer for lack of venue is denied as to Respondents Thomas Decker and Jefferson B. Sessions. The motion to dismiss Respondent Kirstjen Nielsen is granted. As to Petitioner's substantive motion, Respondents shall file a memorandum in opposition to the petition by October 12, 2018. Petitioner shall file a reply by October 19, 2018. A hearing shall occur on October 24, 2018, at 2:30 p.m. The clerk shall terminate the motion to dismiss or transfer (Dkt. No. 19). (Signed by Judge Alvin K. Hellerstein on 9/28/2018) (ne)
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| Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Show Cause Hearing held on 9/26/2018, ( Replies due by 10/19/2018., Responses due by 10/12/2018, Oral Argument set for 10/24/2018 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Carol Ganley) (Jones, Brigitte) |
| Filing 29 LETTER addressed to Judge Alvin K. Hellerstein from Zoey Jones dated 09/25/2018 re: Venue Ruling in Kolev v. Sessions. Document filed by Carlos Alfredo Matias Madera. (Attachments: #1 Exhibit)(Jones, Zoey) |
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Filing 28
SCHEDULING ORDER: On September 24, 2018, Petitioner delivered an application for order to show cause. A hearing on Respondents' motion to dismiss or to transfer for lack of venue (Dkt. No. 19) and Petitioner's application for order to show cause shall be held on September 26, 2018, at 2:30 p.m. SO ORDERED. Set Deadlines/Hearing as to #19 MOTION to Dismiss or transfer due to lack of venue. : Motion Hearing set for 9/26/2018 at 02:30 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 9/24/2018) (rj)
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| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss or transfer due to lack of venue. . Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Byars, Michael) |
| Filing 26 LETTER addressed to Judge Alvin K. Hellerstein from AUSA Michael J. Byars dated September 24, 2018 re: petitioner's proposed Order to Show Cause to require expedited briefing of merits of petition despite pendency of motion to dismiss or transfer (ECF No. 19). Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III.(Byars, Michael) |
| Filing 25 DECLARATION of Anne S. Aufhauser in Opposition re: #19 MOTION to Dismiss or transfer due to lack of venue.. Document filed by Carlos Alfredo Matias Madera. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Aufhauser, Anne) |
| Filing 24 RESPONSE in Opposition to Motion re: #19 MOTION to Dismiss or transfer due to lack of venue. . Document filed by Carlos Alfredo Matias Madera. (Aufhauser, Anne) |
| Filing 23 LETTER addressed to Judge Alvin K. Hellerstein from AUSA Michael J. Byars dated September 12, 2018 re: transcript of oral ruling in Gomez v. Decker, No. 18 Civ. 4009 (KPF) (S.D.N.Y. Sept. 7, 2018) (see ECF No. 22 at 15 n.5). Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: #1 Exhibit A - Oral ruling in Gomez v. Decker, No. 18 Civ. 4009 (KPF) (S.D.N.Y. Sept. 7, 2018))(Byars, Michael) |
| Filing 22 AMENDED MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss or transfer due to lack of venue. (to include exhibits). Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: #1 Exhibit A - Oral ruling in Alsomairi, #2 Exhibit B - Oral ruling in Pastor, #3 Exhibit C - Oral ruling in Suraiya)(Byars, Michael) |
| Filing 21 MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss or transfer due to lack of venue. . Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Byars, Michael) |
| Filing 20 DECLARATION of Deportation Officer Christopher I. Santiago in Support re: #19 MOTION to Dismiss or transfer due to lack of venue.. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Byars, Michael) |
| Filing 19 MOTION to Dismiss or transfer due to lack of venue. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III.(Byars, Michael) |
| Filing 18 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III. (Byars, Michael) |
| Filing 17 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Zoey Theo Jones on behalf of Carlos Alfredo Matias Madera (Jones, Zoey) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Petition for Writ of Habeas Corpus, Civil Cover Sheet, Declaration of Anne S. Aufhauser with Exhibits, SDNY ECF Rules and Instructions and Individual Rules of the Honorable Alvin K. Hellerstein served on Jefferson B. Sessions III on August 16, 2018. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by Carlos Alfredo Matias Madera. (Aufhauser, Anne) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Petition for Writ of Habeas Corpus, Civil Cover Sheet, Declaration of Anne S. Aufhauser with Exhibits, SDNY ECF Rules and Instructions and Individual Rules of the Honorable Alvin K. Hellerstein served on Kirstjen Nielsen on August 16, 2018. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by Carlos Alfredo Matias Madera. (Aufhauser, Anne) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Petition for Writ of Habeas Corpus, Civil Cover Sheet, Declaration of Anne S. Aufhauser with Exhibits, SDNY ECF Rules and Instructions and Individual Rules of the Honorable Alvin K. Hellerstein served on Thomas Decker on August 16, 2018. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by Carlos Alfredo Matias Madera. (Aufhauser, Anne) |
| Filing 13 NOTICE OF APPEARANCE by Anne Simons Aufhauser on behalf of Carlos Alfredo Matias Madera. (Aufhauser, Anne) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Thomas Decker. (pne) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Kirstjen Nielsen. (pne) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Jefferson B. Sessions, III. (pne) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Jefferson B. Sessions, III, re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Borek, John) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Borek, John) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Borek, John) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Magistrate Judge Gabriel W. Gorenstein 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: #http://nysd.uscourts.gov/forms.php. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John A. Borek to RE-FILE Document No. #5 Request for Issuance of Summons, #6 Request for Issuance of Summons, #4 Request for Issuance of Summons,. The filing is deficient for the following reasons: the date field on the offical A.O. Summons form was completed by the attorney; defendant name in the 'To' field must appear exactly as it does on the pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) |
| Case Designated ECF. (pne) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jefferson B. Sessions, III, re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Borek, John) Modified on 8/14/2018 (pne). |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kirstjen Nielsen, re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Borek, John) Modified on 8/14/2018 (pne). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Borek, John) Modified on 8/14/2018 (pne). |
| Filing 3 DECLARATION of Anne S. Aufhauser in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by Carlos Alfredo Matias Madera. (Attachments: #1 Exhibit A - Notice to Appear, #2 Exhibit B - Declaration of Sophie Dalsimer, #3 Exhibit C - Letter from Mag Matias, #4 Exhibit D - Letter from Mery Valerio, #5 Exhibit E - Letter from Patria Marquez, #6 Exhibit F - Letter from Arlene Matias, #7 Exhibit G - Letter from Yinet Lewis, #8 Exhibit H - Letter from Jasser Valerio, #9 Exhibit I - Certificate of Completion of basic course in Nonviolent Conflict Resolution, #10 Exhibit J - Discharge Letter, #11 Exhibit K - certificate from Resource Counseling Center, #12 Exhibit L - Employee of the Month certificate, #13 Exhibit M - Certified Automotive Technician Diploma, #14 Exhibit N - Letter from Mia Rodriguez, #15 Exhibit O - Notice to EOIR: Alien Address, #16 Exhibit P - Letter from Wilfredo Matias, #17 Exhibit Q - Letter from Sandy Matias, #18 Exhibit R - Letter from Acting Solicitor General to Clerk of U.S. Supreme Court)(Borek, John) |
| Filing 2 CIVIL COVER SHEET filed. (Borek, John) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 0208-15445104)Document filed by Carlos Alfredo Matias Madera.(Borek, John) |
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