Rivera-Velasquez v. Decker et al
| Elmer Rivera-Velasquez |
| Acting Secretary Kevin K. McAleenan, Attorney General William P. Barr, Director James McHenry, Field Office Dir. Thomas Decker, Thomas Decker, James McHenry, Kevin K. McAleenan and William Barr |
| 1:2019cv10297 |
| November 6, 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
RSS Track this Docket
This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 25 CLERK'S JUDGMENT re: #24 Memorandum & Opinion in favor of Elmer Rivera- Velasquez against James McHenry, Kevin K. McAleenan, Thomas Decker, William Barr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated December 17, 2019, Petitioner's amended petition for the writ of habeas corpus is GRANTED. Within seven days of the date of the Order, Respondents shall either take Petitioner before an Immigration Judge for an individualized bond hearing consistent with the Order or release him; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/19/2019) (Attachments: #1 Right to Appeal)(km) |
Filing 24
MEMORANDUM OPINION AND ORDER: Accordingly, Petitioner's amended petition for the writ of habeas corpus is GRANTED. Within seven days of the date of this Order, Respondents shall either take Petitioner before an Immigration Judge for an individualized bond hearing consistent with this Order or release him. The Clerk of Court is directed to enter judgment accordingly and close the case. (Signed by Judge Jesse M. Furman on 12/17/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
|
| Filing 23 LETTER addressed to Judge Jesse M. Furman from Alexandra Lampert dated 12/17/2019 re: ECF 22 Order. Document filed by Elmer Rivera-Velasquez.(Lampert, Alexandra) |
|
Filing 22
ORDER re: #21 Response filed by William Barr, James McHenry, Kevin K. McAleenan, Thomas Decker. In light of Respondents' letter, the Court is prepared to grant the amended petition based on its prior decision in Linares Martinez v. Decker, No. 18-CV-6527 (JMF), 2018 WL 5023946 (S.D.N.Y. Oct. 17, 2018), and not reach the remaining issues raised in the amended petition. If Petitioner objects to this approach, he shall file a letter to that effect by noon tomorrow, December 17, 2019. If Petitioner files such a letter, the Court will set a briefing schedule to address the other issues. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/16/2019) (Text Only Order) (Furman, Jesse)
|
| Filing 21 RESPONSE re: #20 Amended Petition, . Document filed by William Barr, Thomas Decker, Kevin K. McAleenan, James McHenry. (Attachments: #1 Exhibit 1 - Bond Decision)(Waterman, Brandon) |
| Filing 20 AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus, against William Barr, Thomas Decker, Kevin K. McAleenan, James McHenry.Document filed by Elmer Rivera-Velasquez. Related document: #1 Petition for Writ of Habeas Corpus,. (Attachments: #1 Exhibit 1 - Demore Letter)(Lampert, Alexandra) |
|
Filing 19
MEMO ENDORSEMENT on re: #18 Letter Bond Decision and Proposal for Moving Forward, filed by William Barr, James McHenry, Kevin K. McAleenan, Thomas Decker. ENDORSEMENT: Application GRANTED. The conference is CANCELLED, and the proposed schedule is adopted. SO ORDERED., (Amended Pleadings due by 12/10/2019.) (Signed by Judge Jesse M. Furman on 12/9/19) (yv)
|
| Filing 18 JOINT LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated December 6, 2019 re: Bond Decision and Proposal for Moving Forward. Document filed by William Barr, Thomas Decker, Kevin K. McAleenan, James McHenry. (Attachments: #1 Written Bond Decision)(Waterman, Brandon) |
|
Filing 17
MEMO ENDORSEMENT: on re: #16 Letter filed by William Barr, James McHenry, Elmer Rivera-Velasquez, Kevin K. McAleenan, Thomas Decker. ENDORSEMENT: The Court agrees with the Government's approach. Accordingly, the conference scheduled for tomorrow is ADJOURNED to December 10, 2019, at 10:30 a.m. in Courtroom 11B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, NewYork, NY. (Note that that is a different courthouse AND courtroom than the Court's usual.) The parties shall submit an update letter proposing next steps by the earlier of (1) 5 p.m. on the day after the IJ issues a written decision or (2) 3 p.m. on December 9, 2019. SO ORDERED., ( Status Conference set for 12/10/2019 at 10:30 AM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/02/2019) (ama)
|
| Filing 16 JOINT LETTER addressed to Judge Jesse M. Furman dated December 2, 2019 re: Joint Status Letter. Document filed by William Barr, Thomas Decker, Kevin K. McAleenan, James McHenry, Elmer Rivera-Velasquez.(Lampert, Alexandra) |
|
Filing 15
ORDER: As stated on the record at the pretrial conference held today, the parties shall submit a joint letter to the Court by December 2, 2019, at 3 p.m. In addition, the parties shall appear for a conference with the Court on December 3, 2019, at 2:30 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, as further set forth in this order. (Status Conference set for 12/3/2019 at 02:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/21/2019) (jwh)
|
| Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held on 11/21/2019. Alexandra Lampert and Kyle Barron (law graduate) present for Plaintiff. AUSA Brandon Waterman present for Defendants. Court reporter present. (ab) |
|
Filing 14
SCHEDULING ORDER: IT IS HEREBY ORDERED that the conference in this matter, previously scheduled for November 21, 2019, at 3:45 p.m., is RESCHEDULED for the same day, at 3:15 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Please note that this is NOT the Court's usual courtroom. SO ORDERED. Initial Conference set for 11/21/2019 at 03:15 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 11/20/2019) (ama)
|
| Filing 13 LETTER addressed to Judge Jesse M. Furman from Alexandra Lampert dated November 20, 2019 re: Rivera-Velasquez v. Decker, 19-cv-10297 (Request for Law Graduate Appearance). Document filed by Elmer Rivera-Velasquez. (Attachments: #1 Exhibit Request for Law Graduate Appearance: Certification and Consent)(Lampert, Alexandra) |
| Filing 12 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alexandra Lynn Lampert on behalf of Elmer Rivera-Velasquez (Lampert, Alexandra) |
|
Filing 11
ORDER re: #10 Letter filed by Elmer Rivera-Velasquez. Petitioner's request for an adjournment is granted. The conference is ADJOURNED to November 21, 2019, at 3:45 p.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/2019) (Text Only Order)(Furman, Jesse)
|
| Filing 10 LETTER addressed to Judge Jesse M. Furman from Zoey Jones dated 11/14/2019 re: Request for Adjournment of Conference. Document filed by Elmer Rivera-Velasquez.(Jones, Zoey) |
| Filing 9 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated November 13, 2019 re: The government's response to the Court's November 10, 2019 (ECF No. 7). Document filed by William Barr, Thomas Decker, Kevin K. McAleenan, James McHenry.(Waterman, Brandon) |
| Filing 8 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William Barr, Thomas Decker, Kevin K. McAleenan, James McHenry. (Waterman, Brandon) |
|
Filing 7
ORDER: In light of #5 Petitioner's letter, the conference on November 15, 2019, remains in effect. Counsel should confer in advance of the conference and submit a joint letter, no later than November 13, 2019, indicating whether the conference is necessary and addressing how the Court should handle the 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/10/2019) (Text Only Order)(Furman, Jesse)
|
| Filing 6 CERTIFICATE OF SERVICE of Petition for Habeas Corpus and Accompanying Papers, and Court's Order dated November 8, 2019 served on Thomas Decker; James McHenry; Kevin K. McAleenan; William Barr on 11/08/2019. Service was made by MAIL. Document filed by Elmer Rivera-Velasquez. (Jones, Zoey) |
| Filing 5 LETTER addressed to Judge Jesse M. Furman from Zoey Jones, Counsel for Petitioner dated 11/08/2019 re: Opposing Transfer to the District of New Jersey. Document filed by Elmer Rivera-Velasquez.(Jones, Zoey) |
|
Filing 4
ORDER : Petitioner shall file a letter, no later than November 12, 2019, indicating whether he consents to immediate transfer of this case to the District of New Jersey. In the event that he does not so consent, counsel for all parties shall appear for a conference with the Court on November 15, 2019, at 2:30 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. (Please note that that is NOT the Court's usual courtroom.) No later than November 12, 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. (Initial Conference set for 11/15/2019 at 02:30 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/8/19) (yv)
|
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoey Theo Jones. The party information for the following party/parties has been modified: Thomas Decker; James McHenry; Kevin K. McAleenan; William 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;. (jgo) |
| 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. (jgo) |
| Magistrate Judge Kevin Nathaniel Fox 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) |
| Case Designated ECF. (jgo) |
| Filing 3 CERTIFICATE OF SERVICE of Petition for Habeas Corpus and All Exhibits served on Thomas Decker; James McHenry; Kevin K. McAleenan; William Barr on 11/06/2019. Service was made by MAIL. Document filed by Elmer Rivera-Velasquez. (Jones, Zoey) |
| 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-17904992)Document filed by Elmer Rivera-Velasquez. (Attachments: #1 Exhibit Notice to Appear, #2 Exhibit Forms I-830, #3 Exhibit BIA Bond Decision, #4 Exhibit Psychological Evaluation of Petitioner, #5 Exhibit IJ Bond Decision)(Jones, Zoey) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
