Yearwood v. Barr et al
| Andrew Yearwood |
| Director Thomas Decker, U.S. Department of Homeland Security and Attorney General William Barr |
| 1:2019cv04709 |
| May 22, 2019 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 33
ORDER granting #31 Letter Motion for Leave to File Document. ADJOURNED TO TUESDAY, JULY 2, 2019, AT 3:00 PM. SO ORDERED. (Signed by Judge John G. Koeltl on 6/25/2019) (ks)
|
| Set/Reset Hearings: Show Cause Hearing set for 7/2/2019 at 03:00 PM before Judge John G. Koeltl. (ks) |
| Filing 32 REPLY re: #26 Memorandum of Law in Opposition, . Document filed by Andrew Yearwood. (Attachments: #1 Exhibit Yearwood Declaration)(Gillman, Sarah) |
| Filing 31 LETTER MOTION for Leave to File Amended Declaration of Carla Calidonio , for adjournment of the hearing date, and for an extension of time for petitioner's reply papers addressed to Judge John G. Koeltl from AUSA Jeffrey Oestericher dated 06/19/2019. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Attachments: #1 Exhibit Amended Declaration of Carla Calidonio)(Oestericher, Jeffrey) |
| Filing 30 DECLARATION of Medina in Opposition re: #13 Amended Petition,,, #14 MOTION for Order to Show Cause .. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Oestericher, Jeffrey) |
| Filing 29 DECLARATION of Hernandez in Opposition re: #13 Amended Petition,,, #14 MOTION for Order to Show Cause .. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Oestericher, Jeffrey) |
| Filing 28 DECLARATION of Flynn in Opposition re: #13 Amended Petition,,, #14 MOTION for Order to Show Cause .. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Oestericher, Jeffrey) |
| Filing 27 DECLARATION of Calidonio in Opposition re: #13 Amended Petition,,, #14 MOTION for Order to Show Cause .. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Oestericher, Jeffrey) |
| Filing 26 MEMORANDUM OF LAW in Opposition re: #13 Amended Petition,,, #14 MOTION for Order to Show Cause . . Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Attachments: #1 Appendix FedEx)(Oestericher, Jeffrey) |
| Filing 25 REPLY re: #14 MOTION for Order to Show Cause ., #13 Amended Petition,,, . Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Attachments: #1 Exhibit A - I-94, #2 Exhibit B - certificate of disposition, #3 Exhibit C - I-213, #4 Exhibit D - NTA, #5 Exhibit E - IJ order, #6 Exhibit F - BIA decision)(Oestericher, Jeffrey) |
| Filing 24 NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of William Barr, Thomas Decker, U.S. Department of Homeland Security. (Oestericher, Jeffrey) |
| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/4/19 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) |
| Filing 22 TRANSCRIPT of Proceedings re: conference held on 6/4/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Samuel Mauro, (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 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019.(McGuirk, Kelly) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/23/19 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) |
| Filing 20 TRANSCRIPT of Proceedings re: conference held on 5/23/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Steven Griffing, (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 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019.(McGuirk, Kelly) |
| Filing 19 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/22/19 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) |
| Filing 18 TRANSCRIPT of Proceedings re: conference held on 5/22/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Steven Griffing, (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 7/3/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/10/2019.(McGuirk, Kelly) |
|
Filing 17
PETITIONER'S APPLICATION FOR AN ORDER TO SHOW CAUSE: Motions terminated: #14 MOTION for Order to Show Cause . filed by Andrew Yearwood. IT IS HEREBY ORDERED that: 1. Respondents arc ORDERED to file a re.urn on the Order to Show Cause why the Amended Petition for Writ of Habeas Corpus and temporary preliminary injunction should not be granted by June 14, 2019. 2. Petitioner shall have an opportunity to reply by June 21, 2019. 3. The matter shall be heard by the Court on June 28, 2019 at 11:00 A.M. 8. And such other and further relief as the Court may find appropriate; 11. Service of this Order shall be effected by Petitioner on the United States Attorney in Court today. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 6/4/2019) ( Show Cause Hearing set for 6/28/2019 at 11:00 AM before Judge John G. Koeltl.) (ks)
|
| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/22/19 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) |
| Filing 15 TRANSCRIPT of Proceedings re: conference held on 5/22/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Steven Griffing, (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 6/25/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019.(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 6/4/2019. (Court Reporter Sam Mauro) (Fletcher, Donnie) |
| Filing 14 MOTION for Order to Show Cause . Document filed by Andrew Yearwood. (Attachments: #1 Exhibit Federal Express Tracking Information and Federal Express Label Provided by Respondents, #2 Text of Proposed Order Proposed Order to Show Cause)(Gillman, Sarah) |
| Filing 13 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus, against William Barr, Thomas Decker, U.S. Department of Homeland Security.Document filed by Andrew Yearwood. Related document: #1 Petition for Writ of Habeas Corpus,. (Attachments: #1 Exhibit Pendyal Declaration, #2 Exhibit Pendyal Letter March 4, 2019, #3 Exhibit Email to ICE on May 21, 2019 Regarding Medical Visit on May 23, 2019, #4 Exhibit 6:47AM Email with Respondents, #5 Exhibit Emails to Respondents at 7:10am, 8:48am and 8:53am, #6 Exhibit Blake Order, #7 Exhibit Decision to Continue Custody, #8 Exhibit Dr. Bandari Letter, #9 Exhibit Pendyal Letter May 22, 2019, #10 Exhibit Excerpts from Bergen County Medical Records, #11 Exhibit Pendyal Letter July 23, 2018, #12 Exhibit Lauren Quijano Declaration)(Gillman, Sarah) |
|
Filing 12
ORDER denying #10 Letter Motion to Compel. As explained at the conference this afternoon, the petitioner's requests that the Government (1) send Mr. Yearwood's medication to him via overnight courier; (2) arrange for the petitioner's doctor to have a medical consultation with the petitioner; and (3) transport the petitioner back to the United States are denied. The petitioner's request that that the Court issue a writ of habeas corpus ad tetificandum so that the petitioner may appear before the Court is also denied. SO ORDERED. (Signed by Judge John G. Koeltl on 5/23/2019) (kv)
|
| Filing 11 LETTER addressed to Judge John G. Koeltl from Sarah T. Gillman dated May 23, 2019 re: Reply to Government Letter and In Further Support of Petitioner's Motion to Compel. Document filed by Andrew Yearwood. (Attachments: #1 Exhibit Dr. Pendyal Letter, #2 Exhibit Medical Records Redacted)(Gillman, Sarah) |
| Filing 10 LETTER MOTION to Compel William Barr, Thomas Decker and the U.S. Department of Homeland Security to Compliance with the Court's Order, ECF No.: 6 addressed to Judge John G. Koeltl from Sarah T. Gillman dated 05/22/2019. Document filed by Andrew Yearwood. (Attachments: #1 Exhibit A, Email 647AM, #2 Exhibit B, Email 704AM, #3 Exhibit C, Email 848AM, #4 Exhibit D, Email 853AM, #5 Exhibit E, Email Court's Order and Medications, #6 Exhibit F, Email 325PM, #7 Exhibit G, Govt Email)(Gillman, Sarah) |
| Filing 9 LETTER addressed to Judge John G. Koeltl from AUSA Michael J. Byars dated May 22, 2019 re: petitioner's medication and reported medical status prior to removal. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 8 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 7 LETTER addressed to Judge John G. Koeltl from Sarah T. Gillman dated 05/22/2019 re: Request to Be Heard Regarding Petitioner's Current Situation. Document filed by Andrew Yearwood.(Gillman, Sarah) |
|
Filing 6
ORDER. The petitioner's request to restrain the Government from transferring the petitioner from the New York City area is denied as moot. At the conference, which was held telephonically at approximately 10:20 a.m. this morning, the petitioner's flight had already departed and was over halfway to its destination, St. Vincent-Grenadines. The Government shall inquire as to whether the petitioner was provided with his medication before his flight and, if he was not, shall ensure that his medication is provided to him expeditiously. SO ORDERED. (Signed by Judge John G. Koeltl on 5/22/19) (yv)
|
| Filing 5 LETTER addressed to Judge John G. Koeltl from Gregory P. Copeland dated May 22, 2019 re: Declination of Magistrate. Document filed by Andrew Yearwood.(Copeland, Gregory) |
| Filing 4 CIVIL COVER SHEET filed. (Copeland, Gregory) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Gregory Paul Copeland on behalf of Andrew Yearwood (Copeland, Gregory) |
| Filing 2 LETTER addressed to Judge John G. Koeltl from Sarah T. Gillman dated 05/22/2019 re: Petitioner's Request for a Conference. Document filed by Andrew Yearwood.(Gillman, Sarah) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-16931948)Document filed by Andrew Yearwood. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Gillman, Sarah) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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. (pne) |
| Magistrate Judge Ona T. Wang 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. (pne) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Sarah Telo Gillman. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 5/22/2019. (Fletcher, Donnie) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sarah Telo Gillman. The party information for the following party/parties has been modified: William Barr, Thomas Decker, U.S. Department of Homeland Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (pne) |
| Case Designated ECF. (pne) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
