Liranzo de la Cruz v. Decker et al
Attorney General William Barr, Dir. Thomas Decker and Kevin K. McAleenan |
Alejandro Liranzo de la Cruz |
Thomas Decker and William Barr |
1:2019cv07375 |
August 7, 2019 |
US District Court for the Southern District of New York |
Alvin K Hellerstein |
Habeas Corpus - Alien Detainee |
28 U.S.C. § 2241 in |
None |
Docket Report
This docket was last retrieved on September 16, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 11 CLERK'S JUDGMENT re: #10 Order in favor of Alejandro Liranzo de la Cruz against Kevin K. McAleenan, Thomas Decker, William Barr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 13, 2019, the petition is granted. Within seven calendar days of the Order, the government shall take petitioner before an immigration judge for a bond hearing, at which time the government will bear the burden to demonstrate, by clear and convincing evidence, that petitioner is a danger to the community or a flight risk. Should the government fail to provide such a hearing within seven calendar days, the government shall immediately release petitioner; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/16/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 10 ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS re: #1 Petition for Writ of Habeas Corpus, filed by Alejandro Liranzo de la Cruz. For the reasons stated herein, the petition is granted. The Clerk is directed to terminate the petition (ECF 1) and close the case. Within seven calendar days of this Order, the government shall take petitioner before an immigration judge for a bond hearing, at which time the government will bear the burden to demonstrate, by clear and convincing evidence, that petitioner is a danger to the community or a flight risk. Should the government fail to provide such a hearing within seven calendar days, the government shall immediately release petitioner. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/13/2019) (kv) Transmission to Orders and Judgments Clerk for processing. |
Filing 9 DECLARATION of Jose M. Hernandez in Opposition re: #1 Petition for Writ of Habeas Corpus,. Document filed by William Barr, Thomas Decker, Kevin K. McAleenan. (Kahane, Joshua) |
Filing 8 MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus, . Document filed by William Barr, Thomas Decker, Kevin K. McAleenan. (Kahane, Joshua) |
Filing 7 RESPONSE re: #1 Petition for Writ of Habeas Corpus, ("Gov't Return"). Document filed by William Barr, Thomas Decker, Kevin K. McAleenan. (Attachments: #1 Exhibit 1 (NTA), #2 Exhibit 2 (Notice of Custody Determination), #3 Exhibit 3 (Notice to EOIR), #4 Exhibit 4 (IJ Decision), #5 Exhibit 5 (Notice of Appeal))(Kahane, Joshua) |
Filing 6 MEMO ENDORSEMENT on re: #5 LETTER addressed to Judge Alvin K. Hellerstein from Alexandra Lampert dated September 5, 2019 re: Joint Proposed Briefing Schedule. Document filed by Alejandro Liranzo de la Cruz. ENDORSEMENT: The briefing schedule is accepted. The Court will order argument, if needed. William Barr answer due 9/12/2019; Thomas Decker answer due 9/12/2019; Kevin K. McAleenan answer due 9/12/2019. (Replies due by 9/19/2019.) (Signed by Judge Alvin K. Hellerstein on 9/6/2019) (rjm) |
Filing 5 LETTER addressed to Judge Alvin K. Hellerstein from Alexandra Lampert dated September 5, 2019 re: Joint Proposed Briefing Schedule. Document filed by Alejandro Liranzo de la Cruz.(Lampert, Alexandra) |
Filing 4 NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of William Barr, Thomas Decker, Kevin K. McAleenan. (Kahane, Joshua) |
Filing 3 CIVIL COVER SHEET filed. (Lampert, Alexandra) |
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexandra Lynn Lampert. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Kings;. (jgo) |
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Alexandra Lynn Lampert to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jurisdiction code - no selection;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alexandra Lynn Lampert. The party information for the following party/parties has been modified: Thomas Decker; Kevin K. McAleenan; William Barr. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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. (jgo) |
Case Designated ECF. (jgo) |
Magistrate Judge Sarah Netburn 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. (jgo) |
Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Lampert, Alexandra) Modified on 8/8/2019 (jgo). |
Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17389242)Document filed by Alejandro Liranzo de la Cruz. (Attachments: #1 A - i130 Receipt, #2 B - NTA and ICE documents, #3 C - i130 interview, #4 D- Bond Motion, #5 E - Bond Order, #6 F - Bond Evidence)(Lampert, Alexandra) |
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