Yearwood v. Barr et al
Petitioner: Andrew Yearwood
Respondent: Director Thomas Decker, U.S. Department of Homeland Security and Attorney General William Barr
Case Number: 1:2019cv04709
Filed: May 22, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241in
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2019 Set/Reset Hearings: Show Cause Hearing set for 7/2/2019 at 03:00 PM before Judge John G. Koeltl. (ks)
June 26, 2019 Opinion or Order 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)
June 21, 2019 Filing 32 REPLY re: #26 Memorandum of Law in Opposition, . Document filed by Andrew Yearwood. (Attachments: #1 Exhibit Yearwood Declaration)(Gillman, Sarah)
June 19, 2019 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)
June 15, 2019 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)
June 15, 2019 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)
June 15, 2019 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)
June 15, 2019 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)
June 14, 2019 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)
June 14, 2019 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)
June 14, 2019 Filing 24 NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of William Barr, Thomas Decker, U.S. Department of Homeland Security. (Oestericher, Jeffrey)
June 12, 2019 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)
June 12, 2019 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)
June 12, 2019 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)
June 12, 2019 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)
June 12, 2019 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)
June 12, 2019 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)
June 4, 2019 Opinion or Order 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)
June 4, 2019 Minute Entry for proceedings held before Judge John G. Koeltl: Show Cause Hearing held on 6/4/2019. (Court Reporter Sam Mauro) (Fletcher, Donnie)
June 4, 2019 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)
June 4, 2019 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)
June 2, 2019 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)
June 2, 2019 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)
May 23, 2019 Opinion or Order 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)
May 23, 2019 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)
May 22, 2019 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)
May 22, 2019 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)
May 22, 2019 Filing 8 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael)
May 22, 2019 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)
May 22, 2019 Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 5/22/2019. (Fletcher, Donnie)
May 22, 2019 Opinion or Order 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)
May 22, 2019 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)
May 22, 2019 Filing 4 CIVIL COVER SHEET filed. (Copeland, Gregory)
May 22, 2019 Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Gregory Paul Copeland on behalf of Andrew Yearwood (Copeland, Gregory)
May 22, 2019 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)
May 22, 2019 ***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)
May 22, 2019 Case Designated ECF. (pne)
May 22, 2019 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)
May 22, 2019 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)
May 22, 2019 ***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)
May 22, 2019 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)

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Petitioner: Andrew Yearwood
Represented By: Gregory Paul Copeland
Represented By: Sarah Telo Gillman
Represented By: Gregory Paul Copeland, I
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Respondent: Director Thomas Decker
Represented By: Michael James Byars
Represented By: Jeffrey Stuart Oestericher
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Respondent: U.S. Department of Homeland Security
Represented By: Michael James Byars
Represented By: Jeffrey Stuart Oestericher
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Respondent: Attorney General William Barr
Represented By: Michael James Byars
Represented By: Jeffrey Stuart Oestericher
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