Arce-Ipanaque v. Decker et al
| Cristian Saul Arce-Ipanaque |
| Thomas Decker, Kirstjen M Nielsen, Matthew Whitaker and Kirstjen M. Nielsen |
| 1:2019cv01076 |
| February 4, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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This docket was last retrieved on May 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 22 LETTER addressed to Judge Jesse M. Furman from Elizabeth Weiswasser dated March 25, 2019 re: June 11, 2019 Immigration Hearing. Document filed by Cristian Saul Arce-Ipanaque.(Weiswasser, Elizabeth) |
Filing 21
ORDER, Petitioner's reply memorandum indicates that his merits hearing before an Immigration Judge, which was originally scheduled for June 4, 2019, has been rescheduled to March 26, 2019. See Docket No. 19, at 3; Docket No. 20 8-9. In light of that, the parties are hereby ORDERED to submit a joint letter no later than March 27, 2019, advising the Court of what transpired at the merits hearing and what, if any, bearing those developments have on this action (including but not limited to whether it moots this action). SO ORDERED. (Signed by Judge Jesse M. Furman on 3/22/2019) (kv)
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| Filing 20 DECLARATION of Claire Urban in Support re: #4 Petition for Writ of Habeas Corpus. Document filed by Cristian Saul Arce-Ipanaque. (Weiswasser, Elizabeth) |
| Filing 19 REPLY MEMORANDUM OF LAW in Support re: #4 Petition for Writ of Habeas Corpus . Document filed by Cristian Saul Arce-Ipanaque. (Weiswasser, Elizabeth) |
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. The Government's submission (Docket No. #17 ) is deemed timely filed. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 17 CONSENT LETTER MOTION for Extension of Time to file memorandum of law (ECF No. 16) (nunc pro tunc request) addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated March 4, 2019. Document filed by Thomas Decker, Kirstjen M. Nielsen, Matthew Whitaker.(Byars, Michael) |
| Filing 16 MEMORANDUM OF LAW in Opposition re: #4 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Kirstjen M. Nielsen, Matthew Whitaker. (Byars, Michael) |
| Filing 15 DECLARATION of Deportation Officer John E. Fant in Opposition re: #4 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Kirstjen M. Nielsen, Matthew Whitaker. (Byars, Michael) |
| Filing 14 RESPONSE to petition for writ of habeas corpus (ECF No. 4). Document filed by Thomas Decker, Kirstjen M. Nielsen, Matthew Whitaker. (Attachments: #1 Exhibit A - Rap sheet, #2 Exhibit B - Notice to Appear, #3 Exhibit C - Notice of Custody Determination, #4 Exhibit D - Notice of Appeal to BIA, #5 Exhibit E - BIA briefing extension, #6 Exhibit F - Notice of October 30, 2018 hearing, #7 Exhibit G - amendment to NTA, #8 Exhibit H - January 10, 2019 order of immigration judge)(Byars, Michael) |
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Filing 13
ORDER REGARDING SUBMISSION OF ELECTRONIC COURTESY COPIES: No later than two business days after briefing on the petition is fully submitted, the moving party shall submit electronic courtesy copies of all motion papers in electronic folders titled with the docket number of the relevant motion in brackets followed by a description of the motion (e.g., " #4 Petitioner's Verified Petition for Writ of Habeas Corpus"). The moving party should submit the electronic courtesy copies to the Court by e-mail or, if that is not feasible due to file-size restrictions, on one or more CD-ROMs. (Signed by Judge Jesse M. Furman on 2/15/2019) (ne)
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Filing 12
MEMO ENDORSEMENT on re: #10 Letter filed by Cristian Saul Arce-Ipanaque. ENDORSEMENT: Application GRANTED. The parties' proposed briefing schedule is hereby adopted. In light of that, the Court sees no need for a conference and the February 12, 2019 conference is CANCELLED. SO ORDERED. (Responses due by 3/1/2019, Replies due by 3/15/2019.) (Signed by Judge Jesse M. Furman on 2/8/2019) (ne)
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| Filing 11 LETTER addressed to Judge Jesse M. Furman from Elizabeth Weiswasser dated February 8, 2019 Document filed by Cristian Saul Arce-Ipanaque.(Weiswasser, Elizabeth) |
| Filing 10 LETTER addressed to Judge Jesse M. Furman from Jay R. Minga dated February 8, 2019 re: Briefing Schedule for the Petition. Document filed by Cristian Saul Arce-Ipanaque.(Minga, Jay) |
| Filing 9 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Kirstjen M. Nielsen, Matthew Whitaker. (Byars, Michael) |
| Filing 8 CERTIFICATE OF SERVICE of Verified Petition, Memorandum of Law, Attorney Declaration and Notice of Conference served on U.S. Attorney's Office SDNY c/o Michael Byars on February 6, 2019. Service was made by Federal Express Overnight and email Delivery. Document filed by Cristian Saul Arce-Ipanaque. (Minga, Jay) |
| Filing 7 NOTICE OF APPEARANCE by Jay Richard Minga on behalf of Cristian Saul Arce-Ipanaque. (Minga, Jay) |
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Filing 6
NOTICE OF CONFERENCE: Initial Conference set for 2/12/2019 at 02:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (As further set forth in this order) (Signed by Judge Jesse M. Furman on 2/5/2019) (ne)
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| Filing 5 MEMORANDUM OF LAW in Support re: #4 Petition for Writ of Habeas Corpus . Document filed by Cristian Saul Arce-Ipanaque. (Weiswasser, Elizabeth) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Elizabeth S. Weiswasser to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): PDF does not correspond to the event type selected. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elizabeth S. Weiswasser. The party information for the following party/parties has been modified: Kirstjen M Nielsen ; Matthew Whitaker. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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. (dnh) |
| Magistrate Judge Henry B. Pitman 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16293731)Document filed by Cristian Saul Arce-Ipanaque.(Weiswasser, Elizabeth) |
| Filing 3 CIVIL COVER SHEET filed. (Weiswasser, Elizabeth) |
| Filing 2 DECLARATION of Elizabeth S. Weiswasser in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by Cristian Saul Arce-Ipanaque. (Attachments: #1 Exhibit 1 - Notice to Appear (Form I-862) (July 19, 2017), #2 Exhibit 2 - Affidavit of Cristian Arce-Ipanaque (May 17, 2018), #3 Exhibit 3 - DHSs Opposition to the Respondents Motion to Terminate (Dec. 13, 2018), #4 Exhibit 4 - DHS Proffer of Evidence (2017)., #5 Exhibit 5 - Order of Immigration Judge (Feb. 5, 2018), #6 Exhibit 6 - Decision of BIA (Sept. 11, 2018), #7 Exhibit 7 - Order of Hon. Judge Robert H. Freehill of Orange County Criminal Court (Nov. 30, 2018), #8 Exhibit 8 - Order of Immigration Judge (Jan. 10, 2019), #9 Exhibit 9 - Hearing Notice (Feb 4, 2019))(Weiswasser, Elizabeth) |
| Filing 1 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16292976)Document filed by Cristian Saul Arce-Ipanaque.(Weiswasser, Elizabeth) Modified on 2/5/2019 (dnh). |
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