Ixcoy Caal v. Decker et al
| Luis Gerardo Ixcoy Caal |
| Acting Secretary Chad Wolf, Director Thomas Decker and Director Ken Cuccinelli |
| 1:2020cv00439 |
| January 16, 2020 |
| 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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Filing 20
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is dismissed without prejudice and without costs or attorney's fees to either party. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/27/2020) (rj)
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| Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Ken Cuccinelli, Thomas Decker, Chad Wolf..(Byars, Michael) |
| Filing 18 MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM for Yael Ben Tov granting #12 Motion for Leave to Appear. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Paul A. Engelmayer on 2/20/2020) (jwh) (Main Document 18 replaced on 2/20/2020) (jwh). Modified on 2/21/2020 (jwh). |
| Filing 17 LETTER addressed to Judge Paul A. Engelmayer from Lindsay Nash dated February 19, 2020 re: Ben Tov Appearance Form. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: #1 Ben Tov Form).(Nash, Lindsay) |
| Filing 16 MEMO ENDORSEMENT with respect to #12 MOTION for Leave to Appear Law Student. ENDORSEMENT: The Court notes that it has received two copies of the signed documents for Mr. Cahn, but no such form for Ms. Ben Tov. (Signed by Judge Paul A. Engelmayer on 2/18/2020) (jca) |
| Filing 15 MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM of Eugenia Fowlkes. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Paul A. Engelmayer on 2/18/2020) (jca) Modified on 2/20/2020 (jca). |
| Filing 14 MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM of Gabriel Cahn. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Paul A. Engelmayer on 2/18/2020) (jca) Modified on 2/20/2020 (jca). |
| Filing 13 MEMO ENDORSEMENT granting #10 Motion to File Amicus Brief. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 2/18/2020) (jwh) |
| Filing 12 MOTION for Leave to Appear Law Student . Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: #1 Exhibit Ex. A-Ben Tov Form, #2 Exhibit Ex. B-Cahn Form, #3 Exhibit Ex. C-Fowlkes Form).(Nash, Lindsay) |
| Filing 11 NOTICE OF APPEARANCE by Lindsay Cotten Nash on behalf of Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law..(Nash, Lindsay) |
| Filing 10 MOTION to File Amicus Brief . Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: #1 Proposed Brief of Amicus Curiae, #2 Exhibit Ex. A- BIA Practice Manual, #3 Exhibit Ex. B-BIA Stay Orders, #4 Exhibit Ex. C- Schaaf Decl., #5 Exhibit Ex. D-Forbearance Documents).(Nash, Lindsay) |
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Filing 9
ORDER: This Order is to clarify that the show cause hearing originally set for February 11, 2020, see Dkt. 3, has been adjourned to March 20, 2020, at 10:30 a.m., see Dkt. 8. (Show Cause Hearing set for 3/20/2020 at 10:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/30/2020) (jwh)
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Filing 8
ORDER granting #7 Letter Motion for Extension of Time: The unopposed motion for an extension of the current briefing schedule is granted. The Court sets the following deadlines: - Amicus submission due February 14, 2020; - Government opposition due February 28, 2020; - Petitioner reply due March 6, 2020; - Oral Argument on March 20, 2020, at 10:30 a.m. For avoidance of doubt, the TRO issued on January 16, 2020, remains in full force and effect until the Court's resolution of this case. (Signed by Judge Paul A. Engelmayer on 1/24/2020) (jwh)
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| Set/Reset Deadlines: Brief due by 2/14/2020. Ken Cuccinelli answer due 2/28/2020; Thomas Decker answer due 2/28/2020; Chad Wolf answer due 2/28/2020. Responses to Brief due by 2/28/2020. Replies due by 3/6/2020. Reply to Response to Brief due by 3/6/2020. Oral Argument set for 3/20/2020 at 10:30 AM before Judge Paul A. Engelmayer. (jwh) |
| Filing 7 FIRST LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Paige Austin, Counsel for Petitioner dated 1/23/2020. Document filed by Luis Gerardo Ixcoy Caal. (Attachments: #1 Exhibit Ltr. from Prof. Lindsay Nash, Co-Director, Kathryn O. Greenberg Immigration Justice Clinic)(Austin, Paige) |
| Filing 6 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 1/16/2020 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 5 TRANSCRIPT of Proceedings re: HEARING held on 1/16/2020 before Judge P. Kevin Castel. Court Reporter/Transcriber: Kristen Carannante, (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 2/13/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/22/2020.(McGuirk, Kelly) |
| Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of Ken Cuccinelli, Thomas Decker, Chad Wolf. (Byars, Michael) |
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Filing 3
ORDER TO SHOW CAUSE ON PETITION FOR HABEAS CORPUS AND TEMPORARY RESTRAINING ORDER: Upon consideration of the Petitioners' Application for Issuance of an Order to Show Cause pursuant to 28 U.S.C. 2243, exhibits thereto, and accompanying Memorandum of Law and the Petition for Writ of Habeas Corpus, IT IS HEREBY ORDERED THAT: Show Cause Hearing set for 2/11/2020 at 03:45 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer. Show Cause Response due by 1/24/2020. Replies due by 1/31/2020. Pending consideration, Respondents ARE HEREBY RESTRAINED from removing the Petitioner from the United States; Service of this Order shall be effected by Petitioners on the United States Attorney for the Southern District of New York by Jan 16, 2020 and shall constitute good and sufficient service. (Signed by Judge P. Kevin Castel, PART I, on 1/16/2020) (jwh) Modified on 2/3/2020 (jwh).
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| Filing 2 CIVIL COVER SHEET filed. (pne) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 465401252700)Document filed by Luis Gerardo Ixcoy Caal.(pne) |
| 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 1/16/2020. Appearing for petitioner, Paige Austin and Juliana Perez Calle. Appearing for respondents, Michael Byars. See, Order to Show Cause on Petition for Habeas Corpus and Temporary Restraining Order. (Court Reporter Kristen Carannante) (Nacanther, Florence) |
| Case Designated ECF. (pne) |
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