Fernandez Aguirre v. Barr et al
| Efrain Fernandez Aguirre |
| Director James McHenry, Director Carl DuBois, Attorney General William Barr, Acting Secretary Kevin McAleenan, Acting Director Matthew Albence and Director Thomas Decker |
| 1:2019cv07048 |
| July 29, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.
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Filing 34
MEMORANDUM OPINION: re: #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction #22 Memorandum & Opinion filed by Efrain Fernandez Aguirre. For all the foregoing reasons, the Court GRANTED Petitioner's motion to enforce the preliminary injunction and ordered Petitioner to be immediately RELEASED. No later than October 4, 2019, Petitioner must show cause why the Petition should not be deemed granted and this case marked closed. The Clerk of Court is respectfully directed to close the open motion at Dkt. 23. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/18/2019) (ama)
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| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/26/19 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 32 TRANSCRIPT of Proceedings re: conference held on 8/26/2019 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Kelly Surina, (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 9/24/2019. Redacted Transcript Deadline set for 10/4/2019. Release of Transcript Restriction set for 12/2/2019.(McGuirk, Kelly) |
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Filing 31
ORDER: WHEREAS the parties are scheduled to appear for oral argument on August 26, 2019 regarding Petitioner's motion to enforce; IT IS HEREBY ORDERED THAT in addition to all points raised in the parties' motion papers, the parties must be prepared to discuss what the appropriate remedy should be if the Court grants Petitioner's motion. The parties must be prepared to address why immediate release is an appropriate remedy (instead of remanding for a new bond hearing) and which court, if any, could appropriately set the conditions of Petitioner's release and any bond. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/25/2019) (ama)
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Filing 30
ORDER: IT IS HEREBY ORDERED THAT the Petitioner must be immediately RELEASED from the custody of the Government on his own recognizance. This order is without prejudice to a determination, based on any future change of circumstances, that Petitioner poses a risk of flight or a danger to the community, consistent with this Court's orders dated August 16 and 19, 2019. Petitioner must commence treatment for domestic violence no later than 90 days from the date of this order. Petitioner must cooperate with the immigration authorities; must not commit any state, federal, or local crime; and must appear in court when ordered. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/26/2019) (jca)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Motion Hearing held on 8/26/2019 re: #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction #22 Memorandum & Opinion filed by Efrain Fernandez Aguirre. (anc) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction,,,, #22 Memorandum & Opinion,,, . . Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
| Filing 28 MEMORANDUM OF LAW in Opposition re: #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction,,,, #22 Memorandum & Opinion,,, . . Document filed by Matthew Albence, William Barr, Thomas Decker, Carl DuBois, Kevin McAleenan, James McHenry. (Kahane, Joshua) |
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Filing 27
ORDER: IT IS HEREBY ORDERED that: 1) The Respondents shall file a Response to the Petitioners Motion to Enforce the Court's Preliminary Injunction by 3pm on Friday, August 23, 2019; 2) The Petitioner shall file a Reply on the Motion to Enforce the Court's Preliminary Injunction by 3pm on Saturday, August 24, 2019; The Motion to Enforce the Preliminary Injunction shall by heard by this Court on August 26, 2019 at 11:00 a.m. in Courtroom 443 of the Thurgood Marshall U.S. Courthouse. IT IS SO ORDERED., ( Responses due by 8/23/2019, Replies due by 8/24/2019.) (Signed by Judge Valerie E. Caproni on 8/22/2019) (ama)
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| Filing 26 LETTER addressed to Judge Valerie E. Caproni from Aadhithi Padmanabhan dated August 22, 2019 re: Joint Proposal for Briefing Schedule on Petitioner's Motion to Enforce. Document filed by Efrain Fernandez Aguirre. (Attachments: #1 Text of Proposed Order)(Padmanabhan, Aadhithi) |
| Filing 25 DECLARATION of Katherine Kim in Support re: #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction,,,, #22 Memorandum & Opinion,,, .. Document filed by Efrain Fernandez Aguirre. (Attachments: #1 Exhibit Bond Hearing Transcript, #2 Exhibit Master Calendar Hearing Transcript, #3 Exhibit DHS Bond Evidence, #4 Exhibit Fernandez Rebuttal Bond Evidence)(Padmanabhan, Aadhithi) |
| Filing 24 MEMORANDUM OF LAW in Support re: #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction,,,, #22 Memorandum & Opinion,,, . . Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
| Filing 23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction,,,, #22 Memorandum & Opinion,,, . Document filed by Efrain Fernandez Aguirre.(Padmanabhan, Aadhithi) |
| Set/Reset Deadlines as to #23 MOTION to Enforce Judgment re: #21 Order on Motion for Preliminary Injunction,,,, #22 Memorandum & Opinion,,, .. Motion Hearing set for 8/26/2019 at 11:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (ama) |
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Filing 22
MEMORANDUM OPINION: For all the foregoing reasons, the Court's August 16, 2019 order GRANTED IN PART Petitioners motion for a preliminary injunction. As to the application for immediate release, the motion was DENIED. As to the application for a constitutionally-adequate bond hearing, the motion was GRANTED. The Government must either conduct a bond hearing consistent with this opinion and with the August 16 order no later than August 23, 2019 or else immediately release Petitioner. No later than August 26, 2019, the parties must submit a joint letter stating whether any issues in the Petition remain to be decided. If any such issues remain, the parties must propose a briefing schedule for the Court to address them. If no such issues remain, Petitioner must show cause why the Petition should not be deemed granted and this case closed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/19/2019) (ama)
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Filing 21
ORDER granting in part and denying in part #8 Motion for Preliminary Injunction: IT IS HEREBY ORDERED THAT the motion for a preliminary injunction is GRANTED IN PART. As to the application for immediate release, the motion is DENIED. As to the application for a constitutionally-adequate bond hearing, the motion is GRANTED. No later than August 23, 2019, the Government must provide Petitioner with an individualized bond hearing in which, in order to justify Petitioner's continued detention: (1) the Government must bear the burden of proving, by clear and convincing evidence, that Petitioner presents either a flight risk or a danger to the community; and (2) alternatives to detention and Petitioner's ability to pay for a bond must be considered. If the Government fails to provide such a hearing by that date, the Government must immediately release Petitioner. An opinion explaining the Court's ruling will be issued in due course. (Signed by Judge Valerie E. Caproni on 8/16/2019) (jwh)
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| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019. . Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #10 Memorandum of Law in Support of Motion, 2 Petition for Writ of Habeas Corpus, #8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019., #18 Declaration in Opposition,, #17 Response,,, . Document filed by Matthew Albence, William Barr, Thomas Decker, Carl DuBois, Kevin McAleenan, James McHenry. (Kahane, Joshua) |
| Filing 18 DECLARATION of Deportation Officer Leonel F. Paulino in Opposition re: #10 Memorandum of Law in Support of Motion, 2 Petition for Writ of Habeas Corpus, #8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019., #17 Response,,,. Document filed by Matthew Albence, William Barr, Thomas Decker, Carl DuBois, Kevin McAleenan, James McHenry. (Kahane, Joshua) |
| Filing 17 RESPONSE re: #12 Order,,, Set Deadlines/Hearings,, #10 Memorandum of Law in Support of Motion, 2 Petition for Writ of Habeas Corpus, #8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019. Gov't Return. Document filed by Matthew Albence, William Barr, Thomas Decker, Carl DuBois, Kevin McAleenan, James McHenry. (Attachments: #1 Exhibit 1 - Rap Sheet, #2 Exhibit 2 - NTA, #3 Exhibit 3 - Notice of Custody Determination, #4 Exhibit 4 - Notice to EOIR Alien Address, #5 Exhibit 5 - DHS Opposition to Motion to Terminate, #6 Exhibit 6 - IJ Order denying Motion to Terminate, #7 Exhibit 7 - IJ Order denying bond, #8 Exhibit 8 - IJ Written Memorandum Decision, #9 Exhibit 9 - Briefing Extension Request, #10 Exhibit 10 - Brief support of BIA Appeal)(Kahane, Joshua) |
| Filing 16 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Jennifer Ann Williams on behalf of Efrain Fernandez Aguirre (Williams, Jennifer) |
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Filing 15
MEMO ENDORSEMENT: on re: #14 Letter filed by William Barr, Kevin McAleenan, Matthew Albence, James McHenry, Carl DuBois, Thomas Decker. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/06/2019) (ama)
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| Filing 14 LETTER addressed to Judge Valerie E. Caproni from Joshua Kahane dated 8/5/19 re: Leave to File Enlarged Brief. Document filed by Matthew Albence, William Barr, Thomas Decker, Carl DuBois, Kevin McAleenan, James McHenry.(Kahane, Joshua) |
| Filing 13 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Matthew Albence, William Barr, Thomas Decker, Carl DuBois, Kevin McAleenan, James McHenry. (Kahane, Joshua) |
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Filing 12
ORDER: IT IS HEREBY ORDERED that: The respondents shall file a Response to the petitioner's Motion for a Preliminary Injunction by August 9, 2019. The petitioner shall file a Reply by August 15, 2019. Service oft his Order shall be effected by the petitioner on the United States Attorney for the Southern District of New York by 5:00 p.m. on August 2, 2019, and shall constitute good and sufficient service. The Court will endeavor to decide the motion for a PI by August 28. The Court will advise the parties if oral argument is needed. IT IS SO ORDERED., ( Responses due by 8/9/2019, Replies due by 8/15/2019.) (Signed by Judge Valerie E. Caproni on 7/30/2019) (ama)
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| Filing 11 LETTER addressed to Judge Valerie E. Caproni from Aadhithi Padmanabhan dated July 30, 2019 re: Jointly Proposed Briefing Schedule. Document filed by Efrain Fernandez Aguirre. (Attachments: #1 Text of Proposed Order Regarding Briefing Schedule and Oral Argument)(Padmanabhan, Aadhithi) |
| Filing 10 MEMORANDUM OF LAW in Support re: #8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019. . Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
| Filing 9 DECLARATION of Aadhithi Padmanabhan in Support re: #8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019.. Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
| Filing 8 MOTION for Preliminary Injunction seeking immediate release or, in the alternative, a constitutionally adequate bond hearing before the petitioner's asylum hearing on August 28, 2019. Document filed by Efrain Fernandez Aguirre.(Padmanabhan, Aadhithi) |
| Filing 7 DECLARATION of Evan Harary with exhibit A re: 2 Petition for Writ of Habeas Corpus . Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
| Filing 6 DECLARATION of Katherine Kim with exhibit A re: 2 Petition for Writ of Habeas Corpus . Document filed by Efrain Fernandez Aguirre. (Padmanabhan, Aadhithi) |
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Filing 5
ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL: Petitioner's motion to file certain documents under seal is GRANTED. Specifically the Court orders that the following documents be sealed: Declaration of Dr. Lisa Fortuna in Support of Petitioner's Petition for a Writ of Habeas Corpus; Declaration of Marion Koshy in Support of Petitioner's Petition for a Writ of Habeas Corpus; Portions of the transcript of Petitioner's Bond Hearing (2: 12-14 and 4: 13-19) attached as Ex. A of Declaration of Evan Harary in Support of Petitioner's Petition for a Writ of Habeas Corpus. The Clerk of the Court is instructed to file the aforementioned documents under seal. The Clerk of the Court is further instructed that these documents shall remain under seal until otherwise ordered by the Court. IT IS SO ORDERED. (Signed by Part I Judge Laura Taylor Swain on 7/29/2019) (ama) Transmission to Sealed Records Clerk for processing.
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| Filing 4 SEALED DOCUMENT placed in vault.(rz) |
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Filing 1
ORDER - TO BE FILED UNDER SEAL: OTHER DOCUMENTS/EXHIBITS (Signed by Judge Laura Taylor Swain on 7/29/2019) (pne)
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| Magistrate Judge Robert W. Lehrburger 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) |
| Case Designated ECF. (pne) |
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