C. V. et al v. Azar et al
| C. V. and F. V. |
| Kim Chow, Alex M. Azar, II, Linda Hyde, U.S. Department of Homeland Security, Jonathan Hildreth Hayes, Susan Quintana, Immigration and Customs Enforcement, Office of Refugee Resettlement, Kevin K. McAleenan and Department of Health and Human Services |
| 1:2019cv07486 |
| August 9, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Other Immigration Actions |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
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This docket was last retrieved on October 7, 2019. A more recent docket listing may be available from PACER.
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Filing 15
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that: 1. This action is dismissed without prejudice and without costs or attorney's fees to either party; 2. The Office of Refugee Resettlement shall take the petitioners to the United States- Canada border and allow them to seek admission into Canada within two weeks of the Court's entry of this Order; 3. The parties acknowledge that whether the petitioners will be admitted into Canada when they are at the United States-Canada border and whether, if the petitioners are admitted into Canada, they will be released to the custody of their mother are issues to be determined by the relevant Canadian authorities; 4. The petitioners acknowledge and agree that, although ORR intends to place them in their current foster care placement if they are not admitted into Canada, there may be unforeseen circumstances that may require the government to place the petitioners with a different long-term foster care family placement or in a shelter. Further, the government may take any lawful action to determine whether petitioners may remain in the United States; and 5. The Office of Refugee Resettlement has agreed to take the petitioners to the United States-Canada border and allow them to seek admission into Canada based on the specific unique facts and circumstances presented in this matter, and nothing in this stipulation shall be construed as a concession of any rights or arguments by the government; nor shall it be construed to require the government to provide similar relief to any other alien in similar or dissimilar circumstances, and this agreement shall in no way be used to undermine the government's litigation position in any other case. So Ordered. (Signed by Judge J. Paul Oetken on 10/7/2019) (js)
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| Minute Entry for proceedings held before Judge J. Paul Oetken: Status Conference held on 10/7/2019. (bh) |
| Filing 14 LETTER addressed to Judge J. Paul Oetken from AUSA Michael J. Byars dated October 4, 2019 re: current draft of proposed Stipulation and Order for discussion at October 7 conference. Document filed by Alex M. Azar, II, Kim Chow, Department of Health and Human Services, Jonathan Hildreth Hayes, Linda Hyde, Immigration and Customs Enforcement, Kevin K. McAleenan, Office of Refugee Resettlement, Susan Quintana, U.S. Department of Homeland Security. (Attachments: #1 Exhibit current proposed Stipulation and Order for discussion at October 7 conference)(Byars, Michael) |
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Filing 13
ORDER granting #12 Letter Motion to Adjourn Conference. GRANTED. ALL DEADLINES AND HEARING DATES ARE ADJOURNED SINE DIE. THE PARTIES SHALL APPEAR FOR A STATUS CONFERENCE ON MONDAY, OCTOBER 7, 2019 AT 11:00 AM. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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| Filing 12 CONSENT LETTER MOTION to Adjourn Conference presently scheduled for November 1, 2019 addressed to Judge J. Paul Oetken from AUSA Michael J. Byars dated October 2, 2019., CONSENT LETTER MOTION for Conference addressed to Judge J. Paul Oetken from AUSA Michael J. Byars dated October 2, 2019., CONSENT LETTER MOTION for Extension of Time to brief the petition addressed to Judge J. Paul Oetken from AUSA Michael J. Byars dated October 2, 2019. Document filed by Alex M. Azar, II, Kim Chow, Department of Health and Human Services, Jonathan Hildreth Hayes, Linda Hyde, Immigration and Customs Enforcement, Kevin K. McAleenan, Office of Refugee Resettlement, Susan Quintana, U.S. Department of Homeland Security.(Byars, Michael) |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time to File Response/Reply. Granted. The parties shall follow the briefing schedule set forth above. The October 8, 2019 hearing is adjourned to November 1, 2019, at 3:00 pm. Replies due by 10/11/2019. (Signed by Judge J. Paul Oetken on 9/10/2019) (mro)
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| Set/Reset Deadlines: Alex M. Azar, II answer due 10/4/2019; Kim Chow answer due 10/4/2019; Department of Health and Human Services answer due 10/4/2019; Jonathan Hildreth Hayes answer due 10/4/2019; Linda Hyde answer due 10/4/2019; Immigration and Customs Enforcement answer due 10/4/2019; Kevin K. McAleenan answer due 10/4/2019; Office of Refugee Resettlement answer due 10/4/2019; Susan Quintana answer due 10/4/2019; U.S. Department of Homeland Security answer due 10/4/2019., Set/Reset Hearings:( Status Conference set for 11/1/2019 at 03:00 PM before Judge J. Paul Oetken.) (mro) |
| Filing 10 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #1 Petition for Writ of Habeas Corpus addressed to Judge J. Paul Oetken from AUSA Michael J. Byars dated September 9, 2019. Document filed by Alex M. Azar, II, Kim Chow, Department of Health and Human Services, Jonathan Hildreth Hayes, Linda Hyde, Immigration and Customs Enforcement, Kevin K. McAleenan, Office of Refugee Resettlement, Susan Quintana, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Michael James Byars on behalf of Alex M. Azar, II, Kim Chow, Department of Health and Human Services, Jonathan Hildreth Hayes, Linda Hyde, Immigration and Customs Enforcement, Kevin K. McAleenan, Office of Refugee Resettlement, Susan Quintana, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 8 AFFIDAVIT OF SERVICE. Document filed by C. V., F. V.. (Dycus, Jamie) |
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Filing 7
ORDER: Accordingly, IT IS HEREBY ORDERED that Petitioners shall serve copies of the petition and this Order on Respondents by August 21, 2019. IT IS FURTHER ORDERED that respondents shall submit a written response to the petition no later than September 11, 2019. If Petitioners wish to submit a reply brief, they must do so no later than September 18, 2019. IT IS FURTHER ORDERED that the parties shall appear for a hearing on October 8, 2019 at 11:00 a.m. in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. At this hearing, Respondents will show cause why the writ should not be issued. SO ORDERED. (Status Conference set for 10/8/2019 at 11:00 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 8/14/2019) (js)
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| Filing 6 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Russell Spivak on behalf of C. V., F. V. (Spivak, Russell) |
| Filing 5 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Emily Nix on behalf of C. V., F. V. (Nix, Emily) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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. (dnh) |
| Magistrate Judge Barbara C. Moses 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 4 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Justin Goodyear on behalf of C. V., F. V. (Goodyear, Justin) |
| Filing 3 DECLARATION of Jamie S. Dycus in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by C. V., F. V.. (Attachments: #1 Exhibit A - 2018-11-29 IJ Oral Decision, #2 Exhibit B - 2018-11-29 Transcript, #3 Exhibit C - BIA Decision)(Dycus, Jamie) |
| Filing 2 CIVIL COVER SHEET filed. (Dycus, Jamie) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17405316)Document filed by F. V., C. V..(Dycus, Jamie) |
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