Andoh v. Barr et al
| Antoine N'Gouan Andoh |
| U.S. Department of Homeland Security, William P. Barr, Thomas R. Decker, Thomas Decker and William Barr |
| 1:2019cv08016 |
| August 27, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:19-cv-18125, filed on 09/19/2019. (sjo) |
Filing 22
OPINION AND ORDER re: #5 MOTION for Temporary Restraining Order filed by Antoine N'Gouan Andoh. For the reasons discussed above, the Court holds (1) that venue is improper in this District with respect to Andoh's challenge to his detention; and (2) that this Court, being a federal district court, lacks subject matter jurisdiction over Andoh's removal-related claims under 8 U.S.C. 1252(a)(5). The Court therefore directs the Clerk of Court to transfer this habeas action to the United States District Court for the District of New Jersey, where Andoh may pursue claims challenging his detention. Local Civil Rule 83.1 provides that "[i]n a case ordered transferred from this District, the Clerk, unless otherwise ordered, shall upon the expiration of seven (7) days effectuate the transfer of the case to the transferee court." In light of the time-sensitive nature of Andoh's claims, the Court waives the seven-day period and directs the Clerk to effectuate this transfer as soon as possible. The Court also extends the present stay of removal for an additional week, until September 25, 2019, to ensure that Andoh will have the practical opportunity to pursue habeas relief in the District of New Jersey and his removal-related claims in the Second Circuit, and, potentially, to seek a further stay of removal from one or both of those courts. The Clerk of Court is respectfully directed to terminate the motion pending at Docket 5. (Signed by Judge Paul A. Engelmayer on 9/18/2019) (ne)
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| Transmission to Sealed Records Clerk. Transmitted re: #22 Memorandum & Opinion to the Sealed Records Clerk for the sealing or unsealing of document or case. (ne) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey (ne) |
| Filing 21 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/9/19 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 20 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/9/2019 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Pamela Utter, (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 10/7/2019. Redacted Transcript Deadline set for 10/17/2019. Release of Transcript Restriction set for 12/16/2019.(McGuirk, Kelly) |
| Filing 19 LETTER addressed to Judge Paul A. Engelmayer from AUSA Michael J. Byars dated September 10, 2019 re: update regarding contingent scheduling for removal date after September 27, 2019. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security.(Byars, Michael) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Status Conference held on 9/9/2019. Gregory Copeland & Sarah Gillman present for Petitioner. Michael Byars present for Respondents. Court reporter present. (ajs) |
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Filing 18
ORDER: Today, the Court heard oral argument on petitioner's request for relief. The Court further stays petitioner's removal pending its decision. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/09/2019) (ama)
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| Filing 17 DECLARATION of Deportation Officer Daniel T. McDonough in Opposition re: #1 Petition for Writ of Habeas Corpus,,. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 16 REPLY re: #14 Memorandum of Law in Opposition . Document filed by Antoine N'Gouan Andoh. (Attachments: #1 Exhibit Andoh Declaration, #2 Exhibit Letters from Members of Congress)(Gillman, Sarah) |
| Filing 15 LETTER addressed to Judge Paul A. Engelmayer from Sarah T. Gillman dated 09/06/2019 re: Petitioners' Request to File an Enlarged Reply. Document filed by Antoine N'Gouan Andoh.(Gillman, Sarah) |
| Filing 14 AMENDED MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus,, to correct error in ECF No. 12. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 13 LETTER addressed to Judge Paul A. Engelmayer from AUSA Michael J. Byars dated September 5, 2019 re: filing of amended memorandum of law to correct ECF No. 12. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security.(Byars, Michael) |
| Filing 12 MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus,, . Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 11 DECLARATION of Deportation Officer Naquan Bacchus in Opposition re: #1 Petition for Writ of Habeas Corpus,,. Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael) |
| Filing 10 RESPONSE re: #1 Petition for Writ of Habeas Corpus,, . Document filed by William Barr, Thomas Decker, U.S. Department of Homeland Security. (Attachments: #1 Exhibit A - Order to Show Cause, #2 Exhibit B - Record of Deportable Alien, #3 Exhibit C - Record of Sworn Statement, #4 Exhibit D - Transcript of Immigration Court proceedings, #5 Exhibit E - BIA Order dated July 11, 1991, #6 Exhibit F - OSUP dated February 14, 1994, #7 Exhibit G - BIA Order dated January 12, 2001, #8 Exhibit H - Removal Order dated February 23, 2007, #9 Exhibit I - OSUP dated August 8, 2011, #10 Exhibit J - Immigration Judge Decision dated May 9, 2007, #11 Exhibit K - BIA Order dated June 25, 2008, #12 Exhibit L - Form I-213, #13 Exhibit M - Notice of Revocation of Release)(Byars, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, U.S. Department of Homeland Security. (Byars, Michael) |
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Filing 8
MEMO ENDORSEMENT on re: #7 Letter filed by Antoine N'Gouan Andoh. ENDORSEMENT: Granted. The hearing will be rescheduled for September 9, 2019 at 4 p.m. The Court adopts the parties' proposed adjusted briefing schedule. (Status Conference set for 9/9/2019 at 04:00 PM before Judge Paul A. Engelmayer. Set Deadlines/Hearing as to #5 MOTION for Temporary Restraining Order: Responses due by 9/4/2019. Replies due by 9/6/2019.) (Signed by Judge Paul A. Engelmayer on 8/30/2019) (jwh)
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| Filing 7 LETTER addressed to Judge Paul A. Engelmayer from Sarah T. Gillman dated 08/30/2019 re: Joint Letter to Request Rescheduling of September 9, 2019 Hearing. Document filed by Antoine N'Gouan Andoh.(Gillman, Sarah) |
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Filing 6
ORDER TO SHOW CAUSE: Upon consideration of Petitioners' Motion for a Temporary Restraining Order and a Preliminary Injunction, the Verified Petition for Writ of Habeas Corpus, and the Memorandum of Points and Authorities, and the exhibits submitted with those documents. IT IS HEREBY ORDERED that: (1) Petitioners' Motion for a Preliminary Injunction is granted; (2) Respondents and their agents are enjoined from removing Petitioner Antoine N'Gouan Andoh from the United States until further order of the Court; (3) Respondents shall file a return to Petitioners' Verified Petition for Habeas Corpus by September 3, 2019; (4) Petitioners shall file a reply, if any, by September 5, 2019; (5) This matter shall be heard by the Court on September 9, 2019 at 10 a.m.; (6) Petitioner need not post security pursuant to Federal Rule of Civil Procedure 65(c); (7) This Order shall take effect immediately; (8) Service of this Order shall be made by Petitioners on the United States Attorney for the Southern District of New York by electronic mail by August 30, 2019 and shall constitute good and sufficient service. (William Barr answer due 9/3/2019; Thomas Decker answer due 9/3/2019; U.S. Department of Homeland Security answer due 9/3/2019. Replies due by 9/5/2019.) (Signed by Judge Paul A. Engelmayer on 8/28/2019) (jwh)
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| Filing 5 MOTION for Temporary Restraining Order . Document filed by Antoine N'Gouan Andoh. (Attachments: #1 Text of Proposed Order)(Gillman, Sarah) |
| Filing 4 CIVIL COVER SHEET filed. (Gillman, Sarah) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sarah Telo Gillman to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover Sheet was not signed;. 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.. (sj) |
| ***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. 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 Paul A. Engelmayer. 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) |
| Case Designated ECF. (sj) |
| Magistrate Judge James L. Cott 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) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Gregory Paul Copeland on behalf of Antoine N'Gouan Andoh (Copeland, Gregory) |
| Filing 2 FILING ERROR - DEFICIENT CIVIL COVER SHEET - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Gillman, Sarah) Modified on 8/28/2019 (sj). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17502714)Document filed by Antoine N'Gouan Andoh. (Attachments: #1 Exhibit Lorraine Declaration, #2 Exhibit Certificates of Birth, Educational Records and Proof of Insurance for Children, #3 Exhibit OSUP, #4 Exhibit EAD, #5 Exhibit Motion to Reopen, #6 Exhibit Stay Denial, #7 Exhibit 2018 Income Tax Return Document, #8 Exhibit Lease Renewal, #9 Exhibit I-130 Approval)(Gillman, Sarah) |
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