Thomas v. Decker et al
| Jahema Thomas |
| Thomas Decker, Acting Secretary Kevin McAleenan, William P. Barr, Kevin McAleenan and William Barr |
| Immigrant Defense Project |
| 1:2019cv08690 |
| September 18, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 10/16/19 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 28 TRANSCRIPT of Proceedings re: ARGUMENT held on 10/16/2019 before Judge Jesse M. Furman. Court Reporter/Transcriber: Vincent Bologna, (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 11/12/2019. Redacted Transcript Deadline set for 11/22/2019. Release of Transcript Restriction set for 1/20/2020.(McGuirk, Kelly) |
Filing 26
ORDER OF DISMISSAL: On September 27, 2019, Respondents in this action filed a motion to dismiss Petitioner's habeas petition or, in the alternative, to transfer the case to the District of New Jersey. See ECF No. 10. The motion is GRANTED, and the Petition is DISMISSED (without prejudice to refiling in the District of New Jersey), for the reasons stated on the record in the conference held on October 16, 2019. In light of that, Petitioner's motion to seal is DENIED as moot. The Clerk of Court is directed to terminate ECF Nos. 10 and 21 and to close the case. SO ORDERED., Motions terminated: #21 MOTION for Leave to File Sealed Exhibit . filed by Jahema Thomas, #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. filed by William Barr, Kevin McAleenan, Thomas Decker. (Signed by Judge Jesse M. Furman on 10/17/2019) (rj)
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| Minute Entry for proceedings held before Judge Jesse M. Furman: Initial Pretrial Conference held on 10/16/2019. Suchita Mathur present for Plaintiff. Michael Byars present for Defendants. Court reporter present. (ab) |
| Filing 25 LETTER addressed to Judge Jesse M. Furman from Suchita Mathur dated Oct. 14, 2019 re: ICE's Transfer of Mr. Thomas to Essex County Jail. Document filed by Jahema Thomas. (Attachments: #1 Exhibit A. Nyborg-Burch Decl., #2 Exhibit B. Email Correspondence, #3 Exhibit C. Detainee Transfer Notification, #4 Exhibit D. Docket Breakdown)(Mathur, Suchita) |
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Filing 24
ORDER with respect to #10 Motion to Dismiss; with respect to #21 Letter Motion for Leave to File Document Under Seal; and granting #22 Letter Motion for Conference. The parties shall appear for a conference to address Respondents' motion to dismiss and Petitioner's motion to seal on October 16, 2019, at 2:30 p.m. (Respondents may respond orally to the amicus brief at the conference.) In light of that conference, the deadlines for further merits briefing are extended by one week. That is, Respondents shall file their merits brief by October 23, 2019; and Petitioner shall file any merits reply by October 30, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 23 LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Suchita Mathur dated Oct. 10, 2019 re: #22 LETTER MOTION for Conference re: #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated October 10, 2019. . Document filed by Jahema Thomas. (Mathur, Suchita) |
| Filing 22 LETTER MOTION for Conference re: #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated October 10, 2019. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Byars, Michael) |
| Filing 21 MOTION for Leave to File Sealed Exhibit . Document filed by Jahema Thomas. (Attachments: #1 Text of Proposed Order)(Mathur, Suchita) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. . Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Attachments: #1 Exhibit F - Transcript in Traore v. Decker, #2 Exhibit G - Transcript in Tazu v. Barr, #3 Exhibit H - Transcript in Gomez v. Decker)(Byars, Michael) |
| Filing 19 BRIEF of Amicus Curiae. Document filed by Immigrant Defense Project. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Siddiquee, Nabilah) |
| Filing 18 Amicus Curiae APPEARANCE entered by Nabilah T. Siddiquee on behalf of Immigrant Defense Project.(Siddiquee, Nabilah) |
| Filing 17 NOTICE OF APPEARANCE by Nabilah T. Siddiquee on behalf of Immigrant Defense Project. (Siddiquee, Nabilah) |
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Filing 16
ORDER granting #15 Letter Motion to File Amicus Brief. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 15 LETTER MOTION to File Amicus Brief addressed to Judge Jesse M. Furman from Immigrant Defense Project dated 10/08/2019. Document filed by Immigrant Defense Project. (Attachments: #1 Exhibit A: Brief of Proposed Amicus Curiae, Immigrant Defense Project)(Siddiquee, Nabilah) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. . Document filed by Jahema Thomas. (Mathur, Suchita) |
| Filing 13 NOTICE OF APPEARANCE by Zoe Pokempner Levine on behalf of Jahema Thomas. (Levine, Zoe) |
| Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. . Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Attachments: #1 Exhibit A - Transcript in Alsomairi v. Dawson, #2 Exhibit B - Transcript in Gomez v. Decker, #3 Exhibit C - Transcript in Pastor v. Sessions, #4 Exhibit D - Transcript in Suraiya v. Cioppa, #5 Exhibit E - Order in Aviry A. v. Decker)(Byars, Michael) |
| Filing 11 DECLARATION of Deportation Officer Kevin Samuel in Support re: #10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey.. Document filed by William Barr, Thomas Decker, Kevin McAleenan. (Byars, Michael) |
| Filing 10 MOTION to Dismiss or, in the Alternative, Transfer to the District of New Jersey. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Byars, Michael) |
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Filing 9
MEMO ENDORSEMENT on re: #8 Letter proposed briefing schedule filed by William Barr, Kevin McAleenan, Thomas Decker. ENDORSEMENT: The parties' proposed briefing schedule is hereby GRANTED. SO ORDERED., (Brief due by 10/16/2019., Motions due by 9/27/2019., Responses due by 10/7/2019, Replies due by 10/9/2019., Responses to Brief due by 10/23/2019) (Signed by Judge Jesse M. Furman on 9/27/19) (yv)
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| Filing 8 LETTER addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated September 26, 2019 re: parties' jointly proposed briefing schedule. Document filed by William Barr, Thomas Decker, Kevin McAleenan.(Byars, Michael) |
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Filing 27
MEMO ENDORSEMENT on re: #7 Letter filed by Jahema Thomas. ENDORSEMENT: Having considered this very issue multiple times, the Court is skeptical that it will reach a different conclusion in this case. In light of that, Petitioner may well be better off consenting to transfer and proceeding expeditiously in New Jersey. But given that Petitioner himself seeks the opportunity to present full briefing to the Court -- notwithstanding the delay that will cause -- and given that there have been new decisions on the issue since the Court last confronted it, the Court will give Petitioner the opportunity to brief the issue. In the interests of efficiency, the Court agrees that the parties should simultaneously brief the merits as well -- whether this Court hears the merits or not, the merits will ultimately need to be briefed. Counsel shall promptly confer and, no later than September 26, 2019, submit a joint letter to the Court proposing an expedited briefing schedule consistent with the foregoing. In light of that, the Court sees no need for a conference, and the conference on September 26, 2019 is CANCELLED. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/23/2019) (ne) (kgo).
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| Filing 7 JOINT LETTER addressed to Judge Jesse M. Furman from Suchita Mathur dated Sept. 20, 2019 re: the Court's Sept. 19, 2019 Order. Document filed by Jahema Thomas.(Mathur, Suchita) |
| Filing 6 NOTICE OF APPEARANCE by Michael James Byars on behalf of William Barr, Thomas Decker, Kevin McAleenan. (Byars, Michael) |
| Filing 5 CERTIFICATE OF SERVICE of Petition and Supporting Exhibits; and Court's Sept. 19, 2019 Order served on Thomas Decker, Kevin McAleenan, and William Barr, through counsel U.S. Attorneys' Office, S.D.N.Y, Civil Division on Sept. 19 and 20, 2019. Service was made by Mail. Document filed by Jahema Thomas. (Mathur, Suchita) |
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Filing 4
SCHEDULING ORDER: It is hereby ORDERED that counsel for all parties appear for a conference with the Court on September 26, 2019 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel must confer in advance of the conference and submit a joint letter, no later than noon on September 25, 2019, indicating whether the conference is necessary and addressing how the Court should handle the present Petition. If counsel do not believe a conference is required, and that briefing is appropriate, counsel should propose a briefing schedule (expedited or otherwise) in the joint letter. No later than noon tomorrow, September 20, 2019, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/19/19) (yv)
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Filing 3
NOTICE OF CONFERENCE: It is hereby ORDERED that counsel for all parties appear for a conference with the Court on September 26, 2019 at 3:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel must confer in advance of the conference and submit a joint letter, no later than noon on September 25, 2019, indicating whether the conference is necessary and addressing how the Court should handle the present Petition. If counsel do not believe a conference is required, and that briefing is appropriate, counsel should propose a briefing schedule (expedited or otherwise) in the joint letter. (as further set forth in this Order). SO ORDERED. Initial Conference set for 9/26/2019 at 03:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/19/2019) (kv)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Suchita Deolalikar Mathur. 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 XX Out of State. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Suchita Deolalikar Mathur. The party information for the following party/parties has been modified: Jahema Thomas, Thomas Decker, Acting Secretary Kevin McAleenan, William P. 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. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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 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. (dnh) |
| Case Designated ECF. (dnh) |
| 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-17624541)Document filed by Jahema Thomas. (Attachments: #1 Exhibit A. NTA, #2 Exhibit B. IJ Dec., #3 Exhibit C. Howell Aff., #4 Exhibit D. Certs. Disp., #5 Exhibit E. Vacatur Order, #6 Exhibit F. IJ Removal Order, #7 Exhibit G. Notice of Appeal, #8 Exhibit H. BIA Dec., #9 Exhibit I. Mot. Reopen Receipt)(Mathur, Suchita) |
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