Hernandez v. Decker et al
| Esteban Hernandez |
| Thomas Decker, Kevin McAleenan, William P. Barr and William Barr |
| 1:2019cv05746 |
| June 19, 2019 |
| US District Court for the Southern District of New York |
| Deborah A Batts |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.
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Filing 22
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is dismissed without prejudice and without costs or attorney's fees to either party. SO ORDERED. (Signed by Judge Deborah A. Batts on 8/13/2019) (rro)
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by Esteban Hernandez. (Mathur, Suchita) |
| Filing 20 MEMO ENDORSEMENT on re: #19 Letter filed by Esteban Hernandez. ENDORSEMENT: GRANTED. (Signed by Judge Deborah A. Batts on 7/31/2019) (mro) |
| Filing 19 LETTER addressed to Judge Deborah A. Batts from Suchita Mathur dated July 25, 2019 re: Release from ICE Detention. Document filed by Esteban Hernandez.(Mathur, Suchita) |
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Filing 18
MEMO ENDORSEMENT on re: #17 Letter filed by William Barr, Kevin McAleenan, Thomas Decker. ENDORSEMENT: Yes. Granted. SO ORDERED. (Signed by Judge Deborah A. Batts on 7/18/2019) (rro)
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| Filing 17 JOINT LETTER addressed to Judge Deborah A. Batts from Joshua Kahane dated 7/17/19 re: adjournment of conference. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Kahane, Joshua) |
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Filing 16
ORDER granting #13 LETTER MOTION for Leave to File Reply Memorandum of 7 Pages addressed to Judge Deborah A. Batts from Suchita Mathur dated July 15, 2019. Document filed by Esteban Hernandez. Granted. So ordered. (Signed by Judge Deborah A. Batts on 7/17/2019) (rjm)
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| Filing 15 NOTICE OF APPEARANCE by Megan Sallomi on behalf of Esteban Hernandez. (Sallomi, Megan) |
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Filing 14
ORDER: The Court directs that the Petitioner be present in Court for the hearing in this matter on Thursday, July 18, 2019 at 2:00 PM. SO ORDERED. (Status Conference set for 7/18/2019 at 02:00 PM before Judge Deborah A. Batts.) (Signed by Judge Deborah A. Batts on 7/16/2019) (js)
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| Filing 13 LETTER MOTION for Leave to File Reply Memorandum of 7 Pages addressed to Judge Deborah A. Batts from Suchita Mathur dated July 15, 2019. Document filed by Esteban Hernandez. (Attachments: #1 Exhibit Proposed Reply Memorandum of Law, #2 Exhibit G. Deri Oshiro Decl.)(Mathur, Suchita) |
| Filing 12 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 11 DECLARATION of Deportation Officer Cam T. Vu in Opposition re: #9 Response, #10 Memorandum of Law in Opposition, #1 Petition for Writ of Habeas Corpus,. Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Kahane, Joshua) |
| Filing 10 MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus, . Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Kahane, Joshua) |
| Filing 9 RESPONSE re: #1 Petition for Writ of Habeas Corpus, ("Gov't Return"). Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Attachments: #1 Exhibit 1 (Rap Sheet), #2 Exhibit 2 (BIA Notice of Appeal), #3 Exhibit 3 (IJ Bond Decision))(Kahane, Joshua) |
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Filing 8
ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL granting #7 Motion to Seal Document. Petitioner's motion to file his psychological evaluation and letter from his social worker under seal is GRANTED. For the reasons stated in Petitioner's motion, the Court orders that information and exhibits relating to Petitioner's mental health be filed under seal. Specifically, the Court fmther orders that the following documents be sealed: Psychological Evaluation by Dr. Joseph Giardino (Exhibit E); Letter from Mr. Hernandez's Social Worker, Sarah Knight, LMSW (Exhibit F). (Signed by Judge Deborah A. Batts on 7/11/2019) (ne) Transmission to Sealed Records Clerk for processing.
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| Filing 7 MOTION to Seal Document in Support of Verified Petition for Writ of Habeas Corpus. Document filed by Esteban Hernandez. (Attachments: #1 Text of Proposed Order)(Mathur, Suchita) |
| Filing 6 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of William Barr, Thomas Decker, Kevin McAleenan. (Kahane, Joshua) |
| Filing 5 CERTIFICATE OF SERVICE of Court Order dated June 25, 2019 served on Thomas Decker, Kevin McAleenan, and William Barr through counsel U.S. Attorney's Office, SDNY, Civil Division, 86 Chambers Street, 3rd Fl, New York, NY 10007 on June 25, 2019. Service was made by Mail. Document filed by Esteban Hernandez. (Mathur, Suchita) |
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Filing 4
ORDER TO SHOW CAUSE ON PETITION FOR WRIT OF HABEAS CORPUS. IT IS HEREBY ORDERED that: Respondents shall file a return on the Order to Show Cause why the Verified Petition for a Writ of Habeas Corpus should not be granted by 7/12/19; No Reply. This matter shall be heard by this Court on 7/18/19, 2:00PM; Service of this Order shall be effected by Petitioners on the United States Attorney for the Southern District of New York by June 27, 2019 and shall constitute good and sufficient service of Respondents. IT IS SO ORDERED. (Show Cause Hearing set for 7/18/2019 at 02:00 PM before Judge Deborah A. Batts. Show Cause Response due by 7/12/2019). (Signed by Judge Deborah A. Batts on 6/25/2019) (rjm)
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #3 Proposed Order to Show Cause Without Emergency Relief, was reviewed and approved as to form. (dt) |
| Filing 3 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Esteban Hernandez. (Attachments: #1 Exhibit Application for Order to Show Cause) (Mathur, Suchita) Proposed Order to be reviewed by Clerk's Office staff. |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Suchita Deolalikar Mathur. The party information for the following party/parties has been modified: Thomas Decker; Kevin McAleenan; 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Deborah A. Batts. 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. (sj) |
| 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. (sj) |
| Case Designated ECF. (sj) |
| Filing 2 CIVIL COVER SHEET filed. (Mathur, Suchita) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17111866)Document filed by Esteban Hernandez. (Attachments: #1 Exhibit A. NTA, #2 Exhibit B. Bond Order & Hearing Notices, #3 Exhibit C. Bond Evidence, #4 Exhibit D. Form I-261)(Mathur, Suchita) |
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