Orellana Martinez v. Decker et al
| Juan Orellana Martinez |
| Jefferson B. Sessions, Director Thomas Decker, Acting Director James McHenry, Secretary US DHS Kristjen Nielsen, Thomas Decker, James McHenry, Jefferson B. Sessions III and Kristjen Nielsen |
| 1:2018cv09906 |
| October 26, 2018 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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Filing 15
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is dismissed without prejudice and without costs or attorney's fees to either party. Application granted. So ordered. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Vernon S. Broderick on 11/28/2018) (rjm)
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| Filing 14 PROPOSED STIPULATION AND ORDER. Document filed by Juan Orellana Martinez. (Dona, Julie) |
| Filing 13 CONSENT LETTER addressed to Judge Vernon S. Broderick from Julie Dona dated November 27, 2018 re: Proposed Stipulation and Order. Document filed by Juan Orellana Martinez.(Dona, Julie) |
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Filing 12
ORDER: Accordingly, the Clerk of Court is respectfully directed to withdraw the order of reference to Magistrate Judge Freeman for habeas corpus. (Doc. 4.) Additionally, it is hereby: ORDERED that the briefing schedule endorsed by Magistrate Judge Freeman, (Doc. 11), shall remain in effect, and all further communications and motions in this matter shall be directed to my attention. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/27/2018) (rro)
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Filing 11
MEMO ENDORSEMENT on re: #9 Letter filed by James McHenry, Kristjen Nielsen, Jefferson B. Sessions III, Thomas Decker, Set Deadlines/Hearing as to #9 Letter, #6 MOTION to Dismiss for lack of venue or, in the alternative,. MOTION to Transfer Case to the District of New Jersey. (Responses due by 11/27/2018, Replies due by 12/4/2018.) ENDORSEMENT: Petitioner is directed to respond to the motion that has already been filed, on the schedule by the Government. If that motion is denied by Judge Broderick, then the Government shal file its opposition to the merits of the Petition within two weeks of that denial, and Petitioner's reply shall be due within one week thereafter. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 11/20/2018) (rro)
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| Filing 10 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, James McHenry, Kristjen Nielsen, Jefferson B. Sessions III. (Byars, Michael) |
| Filing 9 JOINT LETTER addressed to Judge Vernon S. Broderick from AUSA Michael J. Byars dated November 14, 2018 re: joint status letter. Document filed by Thomas Decker, James McHenry, Kristjen Nielsen, Jefferson B. Sessions III.(Byars, Michael) |
| Filing 8 MEMORANDUM OF LAW in Support re: #6 MOTION to Dismiss for lack of venue or, in the alternative,. MOTION to Transfer Case to the District of New Jersey. . Document filed by Thomas Decker, James McHenry, Kristjen Nielsen, Jefferson B. Sessions III. (Attachments: #1 Exhibit A - transcript of oral ruling in Alsomairi v. Dawson, No. 18 Civ. 7000 (PGG), #2 Exhibit B - transcript of oral ruling in Gomez v. Decker, No. 18 Civ. 4009 (KPF), #3 Exhibit C - transcript of oral ruling in Pastor v. Sessions, No. 18 Civ. 6941 (CM), #4 Exhibit D - transcript of oral ruling in Suraiya v. Cioppa, No. 18 Civ. 6628 (JMF))(Byars, Michael) |
| Filing 7 DECLARATION of Deportation Officer Ronald L. Romero in Support re: #6 MOTION to Dismiss for lack of venue or, in the alternative,. MOTION to Transfer Case to the District of New Jersey.. Document filed by Thomas Decker, James McHenry, Kristjen Nielsen, Jefferson B. Sessions III. (Byars, Michael) |
| Filing 6 MOTION to Dismiss for lack of venue or, in the alternative,., MOTION to Transfer Case to the District of New Jersey. Document filed by Thomas Decker, James McHenry, Kristjen Nielsen, Jefferson B. Sessions III.(Byars, Michael) |
| Received Return Receipt of Mail Order by Certified Mail, as to United States Attorney for the Southern District of New York One Andrews Place NY, NY 10007, which was served by Certified Mail # 7017 3040 0000 9027 8158, on 11/5/2018. (vba) |
| Mailed a copy of #3 Order to Answer #1 Petition for Writ of Habeas Corpus, to United States Attorney for the Southern District of New York One Andrews Place NY, NY 10007 by Certified Mail # 7017 3040 0000 9027 8158 with Return Receipt Requested. (aea) |
| Filing 5 CERTIFICATE OF SERVICE of Verified Petition and Supporting Exhibits served on the U.S. Attorney for the Southern District of New York on behalf of all Respondents on October 30, 2018. Service was accepted by Michael Byars, Chief, Immigration Unit. Document filed by Juan Orellana Martinez. (Dona, Julie) |
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Filing 4
Withdrawn as per Judge's Order dated 11/27/2018, Doc. #12 ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/31/2018) (ama) Modified on 11/27/2018 (rro).
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Filing 3
ORDER TO ANSWER: The Court, having reviewed the petition filed pursuant to 28 U.S.C. 2241, hereby ORDERS the following: 1. The Government's return to the petition, including a memorandum of law, shall be filed by November 30, 2018; and 2. Petitioner's reply, if any, shall be filed by December 7, 2016. 3. Counsel for Petitioner and Respondents should meet and confer regarding the petition and scheduling for any briefing by no later than November 14, 2018. The parties should submit a joint status letter on that date. If either party requests a modification to the above briefing schedule, they should make that request in the joint letter. It is further ORDERED that the Clerk of Court serve copies of this Order, the petition, and all other papers in support thereof, by certified mail upon the United States Attorney for the Southern District of New York. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/31/2018) (ama) Transmission to Docket Assistant Clerk for processing.
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| Set/Reset Deadlines: Responses due by 11/30/2018 Replies due by 12/7/2018. (ama) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie Ann Dona. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie Ann Dona. The party information for the following party/parties has been modified: Director Thomas Decker, Secretary US DHS Kristjen Nielsen, Acting Director James McHenry, Jefferson B. Sessions. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Debra C. Freeman 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. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (Dona, Julie) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-15815554)Document filed by Juan Orellana Martinez. (Attachments: #1 Exhibit 1 - Tr., Celestin v. Decker, #2 Exhibit 2 - Madera v. Sessions, #3 Exhibit 3 - Gov't Letter, Guzman Alejo v. Decker, #4 Exhibit 4 - Statement of Interest, Varden, #5 Exhibit 5 - Sept 10. Bond Order, #6 Exhibit 6 - Oct.17 Reconsideration Order)(Dona, Julie) |
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