Evangelista v. Decker et al
Petitioner: Louis Evangelista
Respondent: Kevin K. McAleenan, Acting Secretary of DHS, Thomas Decker, in his official capacity as Field Office Director, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, William Barr, Thomas Decker and Kevin McAleenan
Case Number: 1:2019cv04694
Filed: May 21, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 fd
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 17, 2019 Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by William Barr, Thomas Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Byars, Michael)
June 28, 2019 Filing 14 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, Kevin McAleenan, U.S. Department of Homeland Security. (Byars, Michael)
May 31, 2019 Filing 13 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus,,,. Thomas Decker served on 5/29/2019, answer due 6/19/2019. Service was accepted by Evelyn Brown, authorized to accept. Document filed by Louis Evangelista. (Filor, Daniel)
May 29, 2019 Filing 12 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus,,,. Kevin McAleenan served on 5/24/2019, answer due 6/14/2019. Service was accepted by Andrew Szilagyi, Paralegal, authorized to accept. Document filed by Kevin McAleenan. (Filor, Daniel)
May 29, 2019 Filing 11 AFFIDAVIT OF SERVICE of Summons and Petition for Writ of Habeas Corpus,,,. William Barr served on 5/24/2019, answer due 6/14/2019. Service was accepted by Brian Cress, Agent, authorized to accept. Document filed by Louis Evangelista. (Filor, Daniel)
May 24, 2019 Filing 10 ELECTRONIC SUMMONS ISSUED as to William Barr, Thomas Decker, Kevin McAleenan, U.S. Department of Homeland Security. (pc)
May 24, 2019 Civil Case Opening Fee Payment: for #1 Petition for Writ of Habeas Corpus,,,. Filing fee $ 5.00, receipt number ANYSDC-16951607.(Filor, Daniel)
May 23, 2019 Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, Field Office Director, New York City Field Office, U.S. Immigration & Customs Enforcement; Kevin McAleenan, Acting Secretary, U.S. Department of Homeland Security, and William Barr Attorney General, U.S. Department of Justice, re: #1 Petition for Writ of Habeas Corpus,,,. Document filed by Louis Evangelista. (Filor, Daniel)
May 23, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Post Filor to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the defendant names listed in the 'To:' section must EXACTLY match the party of records. Do not add middle initials or alter the party name in any way. Include 'c/o' or 'via' before second party names. The date field on the offical A.O. Summons form was completed by the attorney; leave the date field blank to be completed by the clerk staff. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
May 22, 2019 Filing 8 NOTICE OF APPEARANCE by Leslie David Corwin on behalf of Louis Evangelista. (Corwin, Leslie)
May 22, 2019 Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, Kevin McAleenan, and William Barr, re: #1 Petition for Writ of Habeas Corpus,,,. Document filed by Louis Evangelista. (Filor, Daniel) Modified on 5/23/2019 (dnh).
May 22, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Post Filor to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the caption on the summons PDF must exactly match the caption on the pleading. If the entire caption does not fit, list the leading party followed by et al. Defendant Name Error; the defendant names listed on the PDF must exactly match the parties of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
May 22, 2019 Case Designated ECF. (dnh)
May 22, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Post Filor. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt). The following correction(s) have been made to your case entry: the Arbitration code has been deleted. (dnh)
May 22, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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)
May 22, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Post Filor. The party information for the following party/parties has been modified: Thomas Decker, in his official capacity as Field Office Director, U.S. Immigration and Customs Enforcement, Kevin K. McAleenan, Acting Secretary of DHS, William Barr. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (dnh)
May 22, 2019 Magistrate Judge Barbara C. Moses 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)
May 21, 2019 Filing 6 AFFIDAVIT of Louis Evangelista in Support re: #4 MOTION to Stay re: #1 Petition for Writ of Habeas Corpus,,, Pending Resolution of Habeas Petition.. Document filed by Louis Evangelista. (Attachments: #1 Exhibit A - Statement from Robert Fink, #2 Exhibit B - ICE Deferred Action Letters, #3 Exhibit C - 11/30/2018 Notice of Revocation of Release, #4 Exhibit D - Prior Letters From Italian Consulate, #5 Exhibit E - 2/26/2019 Letter from Consul General Francesco Genuardi, #6 Exhibit F - 5/13/2019 ICE Oppositioin to Motion To Repoen and Stay, #7 Exhibit G - 1/7/2019 Letter from Dr. Mezzaonte Re Luigi Evangelista, #8 Exhibit H - 2/7/2019 Letter from Dr. Mezzaonte Re Luigi Evangelista, #9 Exhibit I - Medicare Summary, #10 Exhibit J - 1/7/2019 Letter from Dr. Mezzafonte re Lucy Evangelista, #11 Exhibit K - 8/5/2004 Letter from Yale Medicine, #12 Exhibit L - 8/23/2004 Letter from Muscular Dystrophy Foundation)(Filor, Daniel)
May 21, 2019 Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Stay re: #1 Petition for Writ of Habeas Corpus,,, Pending Resolution of Habeas Petition. and Consideration of Section 212(C) Relief. Document filed by Louis Evangelista. (Filor, Daniel)
May 21, 2019 Filing 4 MOTION to Stay re: #1 Petition for Writ of Habeas Corpus,,, Pending Resolution of Habeas Petition. Document filed by Louis Evangelista.(Filor, Daniel)
May 21, 2019 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Thomas Decker, Kevin McAleenan, William Barr, and U.S. Department of Homeland Security, re: #1 Petition for Writ of Habeas Corpus,,,. Document filed by Louis Evangelista. (Filor, Daniel) Modified on 5/22/2019 (dnh).
May 21, 2019 Filing 2 CIVIL COVER SHEET filed. (Filor, Daniel)
May 21, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00). Document filed by Louis Evangelista. (Attachments: #1 Exhibit A - Statement From Robert Fink, #2 Exhibit B - ICEDeferred Action Letters, #3 Exhibit C - 11/30/2018 Notice of Revocation of Release, #4 Exhibit D - Prior Letters From Italian Consulate, #5 Exhibit E - 2/26/2019 Letter From Consul General Francesco Genuardi, #6 Exhibit F - 5/13/2019 ICE Opposition To Motion To Reopen and Stay, #7 Exhibit G - 1/7/2019 Letter From Dr. Mezzafonte re Luigi Evangelista, #8 Exhibit H - 2/7/2019 Letter from Dr. Mexxafonte re Luigi Evangelista, #9 Exhibit I - Medicare Summary Notice, #10 Exhibit J - 1/7/2019 Letter from Dr. Mezzafonte re Lucy Evangelista, #11 Exhibit K - 8/5/2004 Letter from Yale Medicine, #12 Exhibit L - 8/23/2004Letter From Muscular Dystrophy Foundation)(Filor, Daniel)
May 21, 2019 Civil Case Opening Fee Payment: for #1 Petition for Writ of Habeas Corpus,,,. Filing fee $ 5.00.(Filor, Daniel)

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Petitioner: Louis Evangelista
Represented By: Daniel Post Filor
Represented By: Leslie David Corwin
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Respondent: Kevin K. McAleenan, Acting Secretary of DHS
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Respondent: Thomas Decker, in his official capacity as Field Office Director, U.S. Immigration and Customs Enforcement
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Respondent: U.S. Department of Homeland Security
Represented By: Michael James Byars
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Respondent: William Barr
Represented By: Michael James Byars
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Respondent: Thomas Decker
Represented By: Michael James Byars
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Respondent: Kevin McAleenan
Represented By: Michael James Byars
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