Balde et al v. Nielson et al
| Rosse Mae Balde and Aboubacar Balde |
| Honorable Kirstjen Nielson, Thomas Cioppa and Kirstjen Nielson |
| 1:2018cv09597 |
| October 19, 2018 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Immigration Actions |
| None |
Docket Report
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Filing 10
ORDER with respect to #3 Motion to Stay. In light of that representation, the Court will not, at this point, grant Mr. Balde's mandamus petition or a stay of removal. The Court does, however, order the Government to notify plaintiffs and the Court forthwith if any of its representations as to ICE's intentions with respect to Mr. Balde's potential removal change, as the Government has already committed to do. See Dkt. 8, at 1 n.l. For avoidance of doubt, the Court orders the Government to give the Court at least one week's written notice before any potential removal of Mr. Balde, to enable the parties to meaningfully brief the issues then presented and to enable plaintiffs, as warranted, to amend the factual basis for their petition. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/24/2018) (anc)
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| Filing 9 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Cioppa, Kirstjen Nielson. (Waterman, Brandon) |
| Filing 8 LETTER addressed to Judge Paul A. Engelmayer from AUSA Brandon M. Waterman dated October 24, 2018 re: The government's response to the Court's order dated October 23, 2018 (ECF No. 6). Document filed by Thomas Cioppa, Kirstjen Nielson. (Attachments: #1 Exhibit A - Declaration of ICE Supervisory Detention and Deportation Officer Christopher Smith, #2 Exhibit B - USCIS statistics 1, #3 Exhibit C - USCIS statistics 2, #4 Exhibit D - USCIS statistics 3, #5 Exhibit E - USCIS Interview Notice)(Waterman, Brandon) |
| Filing 7 ACKNOWLEDGMENT OF SERVICE of Order served on Kirstjen Nielson and Thomas Cioppa on 10/23/2018. Service was accepted by Clerk. Document filed by Aboubacar Balde, Rosse Mae Balde. (Sorrentino, Dominick) |
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Filing 6
ORDER: It is hereby ORDERED, pursuant to 28 U.S.C. 2243, that by noon on October 24, 2018, defendants file a response showing cause, if any, why the writ of mandamus should not be granted, or, alternatively why Mr. Balde's deportation should not be stayed until the Court has had a meaningful opportunity to assess the issues presented. Plaintiffs are not authorized to submit a reply. In light of the liberty interests at stake, counsel should not expect any extension of this deadline. It is further ORDERED that plaintiffs shall serve a copy of this Order on defendants by close of business today, October 23, 2018. (Signed by Judge Paul A. Engelmayer on 10/23/2018) (mro)
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| Filing 5 CIVIL COVER SHEET filed. (Sorrentino, Dominick) |
| 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) |
| Case Designated ECF. (jgo) |
| Set/Reset Deadlines: Show Cause Response due by 10/24/2018. (mro) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dominick Sorrentino. The party information for the following party/parties has been modified: Rosse Mae Balde; Aboubacar Balde; Kirstjen Nielson; Thomas Cioppa. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dominick Sorrentino to RE-FILE Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand Code - no selection; Jurisdiction Code - multiple selections; Citizenship Plaintiff and Citizenship Defendant Codes must only be selected when Diversity Jurisdiction Code is selected; pdf is not signed or dated by the attorney;. 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dominick Sorrentino. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 540 (Mandamus & Other); County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 465 (Other Immigration Actions); the County code has been modified to Bronx; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Dominick Sorrentino. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 4 COMPLAINT IN THE NATURE OF MANDAMUS against Thomas Cioppa, Kirstjen Nielson.Document filed by Rosse Mae Balde, Aboubacar Balde. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Sorrentino, Dominick) |
| Filing 3 FIRST MOTION to Stay Removal. Document filed by Aboubacar Balde, Rosse Mae Balde.(Sorrentino, Dominick) |
| Filing 2 FILING ERROR - PDF ERROR - COMPLAINT against Thomas Cioppa, Kirstjen Nielson. Document filed by Rosse Mae Balde, Aboubacar Balde. (Attachments: #1 Civil Cover Sheet)(Sorrentino, Dominick) Modified on 10/23/2018 (jgo). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dominick Sorrentino to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the wrong event type was used to file the pleading;. Re-file the pleading using the event type Complaint 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 10/29/2018. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Dominick Sorrentino. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| Filing 1 FILING ERROR - PDF ERROR - COMPLAINT against Thomas Cioppa, Kirstjen Nielson. (Filing Fee $ 400.00, Receipt Number ANYSDC-15779465)Document filed by Rosse Mae Balde, Aboubacar Balde. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons)(Sorrentino, Dominick) Modified on 10/22/2018 (jgo). |
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