SNC v. Sessions, III et al
| SNC |
| Attorney General Jefferson B. Sessions, III, Director Thomas Decker, U.S. Department of Homeland Security and Secretary of the U.S Kirstjen Nielsen |
| 1:2018cv07680 |
| August 23, 2018 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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Filing 45
ORDER granting #44 Letter Motion to Compel. Application GRANTED. The Government shall file a response by October 22, 2018. Petitioner shall file a reply by October 24, 2018. (Signed by Judge Lorna G. Schofield on 10/18/2018) (cf)
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| Set/Reset Deadlines: Thomas Decker answer due 10/22/2018; Kirstjen Nielsen answer due 10/22/2018; Jefferson B. Sessions, III answer due 10/22/2018; U.S. Department of Homeland Security answer due 10/22/2018. Replies due by 10/24/2018. (cf) |
| Filing 44 LETTER MOTION to Compel Respondents to release Petitioner SNC addressed to Judge Lorna G. Schofield from Alina Das dated 10/17/2018. Document filed by SNC. Return Date set for 10/22/2018 at 11:59 PM. (Attachments: #1 Exhibit Order in Ramatu Kiadii v. Sessions, 18-cv-1584 (AT) (S.D.N.Y. March 2, 2018), #2 Exhibit USCIS, Victims of Human Trafficking: T Nonimmigrant Status, #3 Exhibit Aug. 23, 2018 Hearing Transcript)(Das, Alina) |
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Filing 43
MEMO ENDORSEMENT on re: #42 Letter filed by SNC. ENDORSEMENT: Application GRANTED. The Temporary Restraining Order is hereby extended to November 9, 2018. The Preliminary Injunction hearing remains scheduled for November 8, 2018. (Signed by Judge Lorna G. Schofield on 10/16/2018) (cf)
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| Filing 42 LETTER addressed to Judge Lorna G. Schofield from Alina Das dated 10/15/2018 re: TRO and Hearing Date. Document filed by SNC.(Das, Alina) |
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Filing 41
ORDER: It is hereby ORDERED that the preliminary injunction hearing is adjourned from October 16, 2018, to November 8, 2018, at 3:30 P.M. (Motion Hearing set for 11/8/2018 at 03:30 PM in Courtroom 1106, Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/15/2018) (jcs)
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| Filing 40 REPLY MEMORANDUM OF LAW in Opposition regarding the constitutionality of 8 U.S.C. sec.1252. Document filed by SNC. (Das, Alina) |
| Filing 39 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Jessica Louise Rofe on behalf of SNC (Rofe, Jessica) |
| Filing 38 MOTION for Sabrina Talukder to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SNC. (Attachments: #1 Affidavit, #2 Certificate of Good Conduct)(Talukder, Sabrina) Modified on 9/28/2018 (wb). Modified on 9/28/2018 (wb). |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Sabrina Talukder to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Judge Schofield Granted Oral Motion for Pro Hac Vice for Sabrina Talukder on 8/24/2018 please see document #7. (wb) |
| Filing 37 REPLY MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss for Lack of Jurisdiction . regarding the constitutionality of section 1252(g). Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 36 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alina Das on behalf of SNC (Das, Alina) |
| Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sabrina Talukder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15595371. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by SNC. (Attachments: #1 Certificate of Good Conduct, #2 Affidavit of Good Standing)(Talukder, Sabrina) Modified on 9/20/2018 (jc). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #35 MOTION for Sabrina Talukder to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15595371. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Motion was not signed. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days. (jc) |
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time; granting #33 Letter Motion to Adjourn Conference. Application GRANTED. The preliminary injunction hearing is adjourned from October 4, 2018, to October 16, 2018 at 3:30 p.m. The deadline for respondents' supplemental submission is extended from September 17, 2018, to September 27, 2018. The deadline for petitioner's response is extended from September 24, 2018, to October 4, 2018. (Signed by Judge Lorna G. Schofield on 9/14/2018) (cf)
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| Set/Reset Deadlines as to (Motion Hearing set for 10/16/2018 at 03:30 PM before Judge Lorna G. Schofield.), Set/Reset Deadlines: (Surreplies due by 10/4/2018.) (cf) |
| Filing 33 CONSENT LETTER MOTION for Extension of Time to file supplemental briefs addressed to Judge Lorna G. Schofield from AUSA Michael J. Byars dated September 13, 2018., CONSENT LETTER MOTION to Adjourn Conference for preliminary injunction hearing addressed to Judge Lorna G. Schofield from AUSA Michael J. Byars dated September 13, 2018. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security.(Byars, Michael) |
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Filing 32
ORDER: It is hereby ORDERED that Respondents shall file a sur-reply on the constitutionality of 8 U.S.C. 1252 by September 17, 2018. Petitioner shall file a sur-surreply by September 24, 2018. The parties' filings shall conform to Individual Rule III.B.1.'s requirements for reply briefs. It is further ORDERED that the preliminary injunction hearing is adjourned from September 18, 2018, to October 4, 2018, at 10:30 A.M. The temporary restraining order will remain in effect until October 4, 2018, at 2:00 P.M. (As further set forth in this Order.) (Motion Hearing set for 10/4/2018 at 10:30 AM before Judge Lorna G. Schofield.), ( Surreplies due by 9/24/2018.) (Signed by Judge Lorna G. Schofield on 9/11/2018) (cf)
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Filing 31
MEMO ENDORSEMENT on re: #29 Letter filed by SNC. Application GRANTED. The preliminary injunction hearing is adjourned from September 11, 2018 at 11:30 A.M. to September 18, 2018, at 11:00 A.M. The temporary restraining order will remain in effect until September 18, 2018, at 2:00 P.M. (Motion Hearing set for 9/18/2018 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/7/2018) (ne)
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| Filing 30 LETTER addressed to Judge Lorna G. Schofield from Sabrina Talukder dated September 7, 2018 re: Request for Temporary Restraining Order to Remain in Effect Until the Parties Can Be Heard. Document filed by SNC.(Talukder, Sabrina) |
| Filing 29 LETTER addressed to Judge Lorna G. Schofield from SABRINA TALUKDER dated 09/06/2018 re: Scheduling Conflict. Document filed by SNC.(Talukder, Sabrina) |
| Filing 27 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security. (Talukder, Sabrina) |
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Filing 28
ORDER: It is hereby ORDERED that the preliminary injunction hearing will held on September 11, 2018, at 11:30 A.M. It is further ORDERED that the temporary restraining order will remain in effect until September 12, 2018 at 3:00 P.M. (As further set forth in this Order.) Motion Hearing set for 9/11/2018 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 9/5/2018) (cf)
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| Filing 26 LETTER addressed to Judge Lorna G. Schofield from Gregory P. Copeland dated September 5, 2018 re: Joint Scheduling Conflict with 3 p.m. Hearing on September 7, 2018. Document filed by SNC.(Copeland, Gregory) |
| Filing 25 AMENDED PETITION amending #18 Amended Petition, against Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security.Document filed by SNC. Related document: #18 Amended Petition,.(Talukder, Sabrina) |
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Filing 24
ORDER: It is hereby ORDERED that the conference in this matter previously scheduled for September 7, 2018 at 10:30 a.m., is adjourned to September 7, 2018 at 3:00 p.m., due to a scheduling conflict. Set Deadlines/Hearing as to ( Motion Hearing set for 9/7/2018 at 03:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 9/4/2018) (tro)
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| Filing 23 MEMO ENDORSEMENT on re: #20 Letter filed by SNC. ENDORSEMENT: Application GRANTED. Petitioner shall refile the Amended Petition with the correct caption ASAP or, at the latest, by noon on September 5, 2018. The parties shall address all future correspondence to Judge Lorna Schofield. (Amended Pleadings due by 9/5/2018.) (Signed by Judge Lorna G. Schofield on 9/4/2018) (cf) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss for Lack of Jurisdiction . and in opposition to motion for preliminary injunction. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 20 LETTER addressed to Judge Valerie E. Caproni from Sarah T. Gillman dated 08/31/2018 re: Request for Permission to Refile Amended Petition with Correct Caption and Correct Parties Selected on ECF. Document filed by SNC.(Gillman, Sarah) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Sarah Telo Gillman to RE-FILE Document No. #18 Amended Petition,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong party/parties whom the pleading is against were selected; Caption title reads Verified Petition but the Amended Petition event type was selected. The Amended Petition was incorrectly filed on the due date so permission from Chambers will have to be acquired for the correctly filed Amended Petition to be accepted. C Re-file the pleading using the event type Amended Petition found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 19 SEALED DOCUMENT placed in vault.(rz) |
| Filing 18 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED PETITION amending 2 Petition for Writ of Habeas Corpus,,, against SNC.Document filed by SNC. Related document: 2 Petition for Writ of Habeas Corpus,,,.(Gillman, Sarah) Modified on 8/31/2018 (pc). |
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Filing 17
OPINION AND ORDER: To summarize the Court's rulings: 1. Respondents' motion to transfer is STAYED. Petitioner is GRANTED LEAVE TO AMEND the Petition no later than August 30, 2018 at 12:00 p.m. If Petitioner fails to file an Amended Petition without "core" habeas claims, Respondents' motion to transfer will be granted, and this case will be transferred to the District of New Jersey. 2. Petitioner's application for a TRO is GRANTED as to the stay of removal and DENIED WITHOUT PREJUDICE as to the release from detention and the stay of transfer to a different detention facility. The TRO will expire on September 11, 2018 at 2:00 p.m. 3. No later than September 4, 2018 at 12:00 p.m., Respondents must show cause why the TRO should not be converted to a preliminary injunction. Petitioner may file a response no later than September 6, 2018 at 12:00 p.m. 4. The parties must appear for a hearing on Petitioners application for a preliminary injunction on September 7, 2018 at 10:30 a.m. in Courtroom 1106 of the Thurgood Marshall U.S. Courthouse. SO ORDERED.., ( Amended Pleadings due by 8/30/2018., Show Cause Response due by 9/6/2018.) (Signed by Judge Valerie E. Caproni Part I on 8/28/2018) (ama) Modified on 8/28/2018 (ama).
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| Set/Reset Deadlines as to Motion Hearing set for 9/7/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (ama) |
| Filing 16 MEMO ENDORSEMENT on re: #15 Letter filed by SNC. ENDORSEMENT: The Clerk of Court is respectfully directed to unseal the transcript of this case's August 22, 2018 conference. (Signed by Judge Valerie E. Caproni on 8/27/2018) (mro) Transmission to Sealed Records Clerk for processing. |
| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Gregory P. Copeland dated August 27, 2018 re: Transcript. Document filed by SNC.(Copeland, Gregory) |
| Filing 13 LETTER addressed to Judge Valerie E. Caproni from Gregory P. Copeland dated August 24, 2018 re: Venue & Jurisdiction. Document filed by SNC. (Attachments: #1 Exhibit Calderon v. Sessions Transcript, #2 Exhibit You v. Nielsen Transcript, #3 Exhibit Anguisaca v. Sessions Transcript)(Copeland, Gregory) |
| Filing 12 LETTER addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated August 24, 2018 re: response to August 23 Order (ECF No. 7). Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 11 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW re: 2 Petition for Writ of Habeas Corpus,,, . Document filed by SNC. (Gillman, Sarah) Modified on 8/29/2018 (ldi). |
| Filing 10 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: #9 MOTION to Seal . . Document filed by SNC. (Gillman, Sarah) Modified on 8/29/2018 (ldi). |
| Filing 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Seal . Document filed by SNC.(Gillman, Sarah) Modified on 8/29/2018 (ldi). |
| Filing 8 PROPOSED ORDER. Document filed by SNC. Related Document Number: 1 . (Gillman, Sarah) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #8 Proposed Order was reviewed and approved as to form. (dt) Modified on 8/24/2018 (dt). See Document # 7 which approved the filing of Document # 8. Modified on 8/24/2018 (dt). |
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Filing 7
ORDER: Petitioner's application for a TRO is denied without prejudice. Petitioner may reapply for the TRO if the Court finds that it has jurisdiction over this case or if Petitioner can make a showing that she will be removed before the Court can so decide. No later than August 24, 2018 at 5:00 p.m., Respondents must submit a letter on ECF stating whether they have a process in place to ensure that individuals with pending applications for T Nonimmigrant Status are not removed before those applications can be adjudicated (whether adjudicated preliminarily as "bona fide" or adjudicated in the final instance). Respondents should also indicate whether they have any reason to believe that Petitioner will be removed before her application for T Nonimmigrant Status has been adjudicated. No later than August 24, 2018 at 5:00 p.m., Petitioner must submit a letter on ECF responding to Respondents' letter on jurisdiction and venue (Dkt. 6). No later than August 27, 2018 at 5:00 p.m., Petitioner must submit proposed redactions to the transcript of the parties August 22 conference with this Court. Petitioner's submission must comply with this Courts Individual Practices in Civil Cases, Rule 4(A). The Court provisionally grants the application of Petitioner's counsel Sabrina Talukder for admission to this District pro hac vice, pending the Clerk of Court's review of Ms. Talukder's application. Petitioner must immediately file on ECF all documents not under seal, including Petitioner's application for an order to show cause, her proposed order to show cause, memorandum of law in support of sealing, and this Court's order permitting provisional sealing. (Signed by Judge Valerie E. Caproni (PART I) on 8/23/2018) (tro)
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| Filing 6 LETTER addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated August 23, 2018 re: improper venue in this case. Document filed by Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security. (Attachments: #1 Exhibit A - Docket sheet in Abarca Zelaya, #2 Exhibit B - Order in Aviry A., #3 Exhibit C - Order in Lopez Monroy, #4 Exhibit D - Oral ruling in Alsomairi, #5 Exhibit E - Oral ruling in Pastor, #6 Exhibit F - Oral ruling in Suraiya)(Byars, Michael) |
| Filing 5 NOTICE OF APPEARANCE by Sarah Telo Gillman on behalf of SNC. (Gillman, Sarah) |
| Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Kirstjen Nielsen, Jefferson B. Sessions, III, U.S. Department of Homeland Security. (Byars, Michael) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni (Part I): Show Cause Hearing (TRO) held on 8/23/2018. (jp) |
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