Gomez Dubon v. Decker et al
| Omar Esau Gomez Dubon |
| Acting Secretary Kevin K. McAleenan, Attorney General William P. Barr, Director of NY ICE Thomas R. Decker, Thomas Decker, William Barr and Kevin K. McAleenan |
| 1:2019cv08863 |
| September 24, 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
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| Received returned mail re: Mailed Order by USPS on 10/16/19. Mail was addressed to Thomas Decker at 26 Federal Plaza, New York, NY 10278 and was returned for the following reason(s): Vacant. (va) |
| Received Return Receipt of Mail Order by USPS, as to Zoey Theo Jones, Brooklyn Defender Services, 156 Pierrepont Street, Brooklyn, NY 11201, which was served by Certified Mail # 7002 2410 0005 1342 4021. (vn) |
| Received Return Receipt of Mail Order by USPS, as to Mary Sameera Van Houten Harper Brooklyn Defender Services 156 Pierrepont Street Brooklyn, NY 11201, which was served by Certified Mail # 7002 2410 0005 1342 4014. (vn) |
| Filing 12 CLERK'S JUDGMENT re: #11 Order in favor of Omar Esau Gomez Dubon 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 October 29, 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 10/30/2019) (Attachments: #1 Right to Appeal)(km) |
| ***DELETED DOCUMENT. Deleted document number 10 MEMO ENDORSEMENT. The document was incorrectly filed in this case. (yv) |
Filing 11
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS re: #1 Petition for Writ of Habeas Corpus, filed by Omar Esau Gomez Dubon. 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 10/29/19) (yv)
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| Transmission to Orders and Judgments Clerk. Transmitted re: #11 Order, to the Orders and Judgments Clerk. (yv) |
| Received Return Receipt of Mail Order by USPS, as to William P. Barr, US Department of Justice, 950 Pennsylvania Ave., Washington, DC 20528, on 10/22/2019. (vn) |
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to File Response/Reply: So ordered. (Signed by Judge Alvin K. Hellerstein on 10/28/2019) (jwh)
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| Filing 8 RESPONSE re: #1 Petition for Writ of Habeas Corpus, . Document filed by William Barr, Thomas Decker, Kevin K. McAleenan. (Attachments: #1 Attachment 1 - IJ Bond Decision, #2 Attachment 2 - BIA Notice of Appeal, #3 Attachment 3 - IJ Removal Decision)(Waterman, Brandon) |
| Filing 7 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #5 Order to Answer, 28 U.S.C. 2241,,,, (Nunc Pro Tunc Request For Extension of Time to File the Government's Response) addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated October 28, 2019. Document filed by William Barr, Thomas Decker, Kevin K. McAleenan.(Waterman, Brandon) |
| Set/Reset Deadlines: William Barr answer due 10/28/2019; Thomas Decker answer due 10/28/2019; Kevin K. McAleenan answer due 10/28/2019. (jwh) |
| Filing 6 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William Barr, Thomas Decker, Kevin K. McAleenan. (Waterman, Brandon) |
| Mailed a copy of #1 Petition for Writ of Habeas Corpus, #5 Order to Answer, 28 U.S.C. 2241, to Zoey Theo Jones Brooklyn Defender Services 156 Pierrepont Street Brooklyn, NY 11201 ; Mary Sameera Van Houten Harper Brooklyn Defender Services 156 Pierrepont Street Brooklyn, NY 11201; William P. Barr US Department of Justice 950 Pennsylvania Ave Washington, DC 20528; Kevin K. McAleenan US Department of Homeland Security Washington, DC 20528; and to Thomas Decker 26 Federal Plaza New York, NY 10278 by Certified Mail # 7002 2410 0005 1342 4021; 7002 2410 0005 1342 4014; 7002 2410 0005 1342 4007; 7002 2410 0005 1342 3994; and 7002 2410 0005 1342 3987 with Return Receipt Requested. (aea) |
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Filing 5
ORDER.. The government is ordered to submit an answer or other pleading to the petition within 10 days of the issuance of this Order, along with all transcripts, including sentencing minutes, trial court decisions, appellate decisions, and all briefs in the trial and appellate courts directly relevant to the matters raised in the petition. The Clerk of the Court shall serve, by certified mail, return receipt requested, a copy of this Order and the underlying petition upon the respondent. The Clerk of the Court shall also serve, by certified mail, return receipt requested, a copy of this Order upon the petitioner. The petitioner shall have 10 days from the filing of the government's response to file a response thereto. The petition will be considered fully submitted as of that date. SO ORDERED. (William Barr answer due on 10/25/2019; Thomas Decker answer due on 10/25/2019; Kevin K. McAleenan answer due on 10/25/2019.) (Signed by Judge Alvin K. Hellerstein on 10/15/19) (yv) Transmission to Docket Assistant Clerk for processing. Transmission to Pro Se Assistants for processing.
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| Filing 4 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Mary Sameera Van Houten Harper on behalf of Omar Esau Gomez Dubon (Van Houten Harper, Mary) |
| Filing 3 CERTIFICATE OF SERVICE of Petition for Habeas Corpus served on Respondents on September 25, 2019. Service was made by MAIL. Document filed by Omar Esau Gomez Dubon. (Jones, Zoey) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoey Theo Jones. The party information for the following party/parties has been modified: Director of NY ICE Thomas R. Decker, Acting Secretary Kevin K. McAleenan, Attorney General 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;. (pc) |
| 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. (pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 2 CIVIL COVER SHEET filed. (Jones, Zoey) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17656111)Document filed by Omar Esau Gomez Dubon. (Attachments: #1 Exhibit NTA Sept 2016, #2 Exhibit NTA April 2019, #3 Exhibit Excerpted Bond Submission, #4 Exhibit IJ Bond Order, #5 Exhibit Family Court Hearing Date)(Jones, Zoey) |
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