D.J.C.V. et al v. U.S. Immigration and Customs Enforcement et al
Petitioner: D.J.C.V., a minor, Mr. C and D.J.C.V
Respondent: Anthony Mele, U.S. Department of Health and Human Services, Director Thomas Decker, Ronald Vitiello, Offiice of Refugee Resettlement, Orange County Correctional Facility, Lutheran Social Services of New York, Jefferson B. Sessions III, U.S. Customs and Border Protection, Director L. Francis Cissna, Kirstjen M. Nielsen, Alex M Azar, II, U.S. Citizenship and Immigration Services, Scott Lloyd, U.S. Immigration and Customs Enforcement, Kevin K. McAleenan, U.S. Department of Homeland Security, Thomas Decker and L. Francis Cissna
Case Number: 1:2018cv09115
Filed: October 4, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28:2241fd
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2018 Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/15/18 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)
October 26, 2018 Filing 25 TRANSCRIPT of Proceedings re: conference held on 10/15/2018 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (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 11/16/2018. Redacted Transcript Deadline set for 11/26/2018. Release of Transcript Restriction set for 1/24/2019.(McGuirk, Kelly)
October 17, 2018 Opinion or Order Filing 24 ORDER granting #23 Motion to Seal Document. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/17/2018) (ne) Transmission to Sealed Records Clerk for processing.
October 16, 2018 Filing 23 LETTER MOTION to Seal Document (Doc. No. 16-2) addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated October 16, 2018. Document filed by Alex M Azar, II, L. Francis Cissna, Thomas Decker, Jefferson B. Sessions III, Kirstjen M. Nielsen, Scott Lloyd, Kevin K. McAleenan, Anthony Mele, Offiice of Refugee Resettlement, Orange County Correctional Facility, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Attachments: #1 Replacement document: Ms. L. immigration docs re Mr. C)(Waterman, Brandon)
October 15, 2018 Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 10/15/2018 re: #2 MOTION for Preliminary Injunction . filed by D.J.C.V, Mr. C. (Jones, Brigitte)
October 15, 2018 Opinion or Order Filing 22 ORDER: Earlier today the Court ordered the government to release D.J.C.V. to his father immediately. See ECF No. 21. The parties have conferred and agreed on a location for the release of petitioner D.J.C.V., to occur today, October 15, 2018. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/15/2018) (ne)
October 15, 2018 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #17 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
October 15, 2018 Opinion or Order Filing 21 SUMMARY ORDER terminating #2 Motion for Preliminary Injunction; terminating #4 Motion to file under pseudonym. For these reasons, and for the reasons stated on the record, the court finds that continued separation of the petitioners would cause irreparable harm to them both, and that petitioners have established a likelihood of success on the merits in connection with their petition for injunctive relief. In this regard, the court considers persuasive the decisions of other federal courts in similar cases. Mr. C.'s single misdemeanor conviction from eight years ago does not provide a sufficient basis to distinguish this case. The government is ordered to turn over D.J.C.V. to her father immediately, pursuant to the conditions laid out in an Order to follow. The clerk is directed to terminate all open motions. (Signed by Judge Alvin K. Hellerstein on 10/15/2018) (tro)
October 15, 2018 Filing 20 DECLARATION of Ghita Schwarz in Support re: #2 MOTION for Preliminary Injunction .. Document filed by D.J.C.V. (Silane, Carolyn)
October 15, 2018 Filing 19 DECLARATION of Carolyn Silane in Support re: #2 MOTION for Preliminary Injunction .. Document filed by D.J.C.V. (Silane, Carolyn)
October 15, 2018 Filing 18 MEMORANDUM OF LAW in Support re: #2 MOTION for Preliminary Injunction . . Document filed by D.J.C.V. (Silane, Carolyn)
October 15, 2018 Filing 17 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by D.J.C.V. (Silane, Carolyn) Proposed Order to be reviewed by Clerk's Office staff.
October 15, 2018 Filing 16 MEMORANDUM OF LAW in Opposition to Petitioners' Request for Injunctive Relief. Document filed by Alex M Azar, II, L. Francis Cissna, Thomas Decker, Jefferson B. Sessions III, Kirstjen M. Nielsen, Scott Lloyd, Kevin K. McAleenan, Anthony Mele, Offiice of Refugee Resettlement, Orange County Correctional Facility, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Attachments: #1 Declaration of Kristian Brannon, #2 Ms. L. immigration docs re Mr. C, #3 Ms. L. order re Ms. Q and Mr. C)(Waterman, Brandon)
October 15, 2018 Filing 15 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Alex M Azar, II, L. Francis Cissna, Thomas Decker, Jefferson B. Sessions III, Kirstjen M. Nielsen, Scott Lloyd, Kevin K. McAleenan, Anthony Mele, Offiice of Refugee Resettlement, Orange County Correctional Facility, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Waterman, Brandon)
October 12, 2018 Filing 14 NOTICE OF APPEARANCE by Baher Azmy on behalf of D.J.C.V, Mr. C. (Azmy, Baher)
October 12, 2018 Opinion or Order Filing 13 ORDER: The Court ORDERS the status quo to remain fixed until a hearing on Monday, October 15, 2018 at 2:30 p.m. before the Hon. Alvin K. Hellerstein, Courtroom 14D, 500 Pearl Street, New York, NY 10007. SO ORDEERED. (Status Conference set for 10/15/2018 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Paul A. Crotty, Part 1 on 10/12/2018) (rro)
October 12, 2018 Filing 12 NOTICE OF APPEARANCE by Michael James Byars on behalf of Alex M Azar, II, L. Francis Cissna, Thomas Decker, Jefferson B. Sessions III, Kirstjen M. Nielsen, Scott Lloyd, Kevin K. McAleenan, Offiice of Refugee Resettlement, Orange County Correctional Facility, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, Ronald Vitiello. (Byars, Michael)
October 12, 2018 NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Valerie E. Caproni is no longer assigned to the case. (ad)
October 12, 2018 Filing 11 CIVIL COVER SHEET filed. (Silane, Carolyn)
October 12, 2018 Filing 10 NOTICE OF APPEARANCE by Baher Azmy on behalf of D.J.C.V, Mr. C. (Azmy, Baher)
October 6, 2018 Case Designated ECF. (jgo)
October 6, 2018 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. (jgo)
October 6, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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. (jgo)
October 6, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Carolyn Anne Silane. The party information for the following party/parties has been modified: U.S. Immigration and Customs Enforcement; U.S. Department of Homeland Security; U.S. Customs and Border Protection; U.S. Citizenship and Immigration Services; U.S. Department of Health and Human Services; Offiice of Refugee Resettlement; L. Francis Cissna; Thomas Decker. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
October 6, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carolyn Anne Silane. The following case opening statistical information was erroneously selected/entered: County code Bronx;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo)
October 6, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Carolyn Anne Silane to RE-FILE Document No. #6 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand Code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
October 5, 2018 Filing 9 NOTICE OF APPEARANCE by Ghita Schwarz on behalf of D.J.C.V., a minor, Mr. C. (Attachments: #1 Affidavit Certificate of Service)(Schwarz, Ghita)
October 5, 2018 Filing 8 NOTICE OF APPEARANCE by Jonathan Wells Dixon on behalf of D.J.C.V., a minor, Mr. C. (Dixon, Jonathan)
October 5, 2018 Filing 7 NOTICE OF APPEARANCE by Shayana Devendra Kadidal on behalf of D.J.C.V., a minor, Mr. C. (Kadidal, Shayana)
October 4, 2018 Filing 6 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Silane, Carolyn) Modified on 10/6/2018 (jgo).
October 4, 2018 Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to file under pseudonym . . Document filed by D.J.C.V., a minor, Mr. C. (Silane, Carolyn)
October 4, 2018 Filing 4 MOTION to file under pseudonym . Document filed by D.J.C.V., a minor, Mr. C.(Silane, Carolyn)
October 4, 2018 Filing 3 MEMORANDUM OF LAW in Support re: #2 MOTION for Preliminary Injunction . . Document filed by D.J.C.V., a minor, Mr. C. (Silane, Carolyn)
October 4, 2018 Filing 2 MOTION for Preliminary Injunction . Document filed by D.J.C.V., a minor, Mr. C.(Silane, Carolyn)
October 4, 2018 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 0208-15660625)Document filed by Mr. C, D.J.C.V., a minor.(Silane, Carolyn)

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Search for this case: D.J.C.V. et al v. U.S. Immigration and Customs Enforcement et al
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Respondent: Anthony Mele
Represented By: Brandon Matthew Waterman
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Respondent: U.S. Department of Health and Human Services
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Director Thomas Decker
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Respondent: Ronald Vitiello
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Offiice of Refugee Resettlement
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Orange County Correctional Facility
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Lutheran Social Services of New York
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Respondent: Jefferson B. Sessions III
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: U.S. Customs and Border Protection
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Director L. Francis Cissna
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Respondent: Kirstjen M. Nielsen
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Alex M Azar, II
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: U.S. Citizenship and Immigration Services
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Scott Lloyd
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: U.S. Immigration and Customs Enforcement
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Kevin K. McAleenan
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: U.S. Department of Homeland Security
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: Thomas Decker
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Respondent: L. Francis Cissna
Represented By: Michael James Byars
Represented By: Brandon Matthew Waterman
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Petitioner: D.J.C.V., a minor
Represented By: Carolyn Anne Silane
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Petitioner: Mr. C
Represented By: Carolyn Anne Silane
Represented By: Ghita Schwarz
Represented By: Shayana Devendra Kadidal
Represented By: Jonathan Wells Dixon
Represented By: Baher Azmy
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Petitioner: D.J.C.V
Represented By: Carolyn Anne Silane
Represented By: Ghita Schwarz
Represented By: Shayana Devendra Kadidal
Represented By: Jonathan Wells Dixon
Represented By: Baher Azmy
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