Rosario Disla v. Decker et al
| Erinerso Rosario Disla |
| Thomas Decker, Carl E. DuBois and Chad Wolf |
| 1:2020cv02551 |
| March 25, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Filing 23 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/27/2020 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 22 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/27/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rebecca Forman, (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 6/12/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/20/2020..(McGuirk, Kelly) |
Filing 21
ORDER: IT IS HEREBY ORDERED that Petitioner shall be released upon the following conditions: Petitioner will reside with his U.S. citizen mother, father, brother, and sister at [REDACTED]. Petitioner will comply with all national, state, local, and CDC-issued guidelines and orders regarding COVID-19, including the statewide stay-at-home order currently in effect in New York. Petitioner will be subject to home confinement. Petitioner may leave his home only for the purposes of obtaining food and other necessities, and for obtaining medical and mental health treatment. Petitioner will be subject to telephonic monitoring by ICE. Petitioner will be subject to electronic ankle monitoring by ICE. Petitioner will be placed on standard release conditions to be determined by Respondents, such as directing Petitioner not to commit further crimes, to report to all court hearings, and to refrain from associating with gang members. This Order of Release will remain intact, and Petitioner may not be re-detained by ICE while it is in effect. However, the Order of Release will terminate upon the earliest of: (i) the Court's adjudication of the Petition; (ii) Petitioner absconding from the residence; (iii) Petitioner being arrested on or charged with a new criminal offense; or (iv) further order of the Court. Respondents may not re-detain Petitioner once any state or locally issued mitigation order is lifted without prior permission of the Court. Either party may seek modifications of the conditions of release and supervision, including conditions that apply to re-detention, in light of material changes. (Signed by Judge Katherine Polk Failla on 5/1/2020) (rro)
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| Minute Entry for proceedings held before Judge Katherine Polk Failla: Telephone Conference held on 4/30/2020. Attorneys Scott Coomes, Mary Harper, and Brooke Menschel representing Petitioner present. AUSA Zachary Bannon representing Respondents present. Bail is GRANTED, and Petitioner's TRO and PI applications are held in abeyance. The parties are to provide the Court with proposed conditions of release by 9:00 a.m. tomorrow morning. (See transcript). (Court Reporter Karen Gorlaski) (tn) |
| Filing 20 JOINT LETTER addressed to Judge Katherine Polk Failla from Petitioner dated April 30, 2020 re: Proposed Conditions of Release. Document filed by Erinerso Rosario Disla..(Van Houten Harper, Mary) |
| Filing 19 LETTER addressed to Judge Katherine Polk Failla from Petitioner dated April 29, 2020 re: Response to Respondents' Supplemental Materials and Authorities. Document filed by Erinerso Rosario Disla. (Attachments: #1 Exhibit Tapia Vilchis Decl.).(Van Houten Harper, Mary) |
| Filing 18 THIRD LETTER addressed to Judge Katherine Polk Failla from Zachary Bannon dated 4/29/2020 re: Supplemental Authorities. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf. (Attachments: #1 Exhibit 1).(Bannon, Zachary) |
| Filing 17 SECOND LETTER addressed to Judge Katherine Polk Failla from Zachary Bannon dated 4/27/2020 re: Supplemental Authorities. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Bannon, Zachary) |
| Filing 16 LETTER addressed to Judge Katherine Polk Failla from Petitioner dated April 27, 2020 re: Supplemental Authorities. Document filed by Erinerso Rosario Disla. (Attachments: #1 Exhibit TRO in Ferreyra v. Decker).(Van Houten Harper, Mary) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Temporary Restraining Order Hearing held on 4/27/2020. Attorneys Scott Harlan Coomes, Mary Harper, and Brooke Menschel representing Petitioner present. AUSA Zachary Bannon representing Respondents present. Respondent's response due today within an hour. Petitioner's response due by April 29, 2020. Oral ruling will be entered telephonically on 4/30/2020 at 11:00 a.m. (Telephone Conference set for 4/30/2020 at 11:00 AM before Judge Katherine Polk Failla. The dial-in information is as follows: At 11:00 a.m. on April 30, 2020, the parties shall call (888) 363-4749 and enter access code 5123533.). (Court Reporter Rebecca Forman) (tn) |
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Filing 15
ORDER: The parties are hereby ORDERED to appear for a telephonic conference in this matter on April 27, 2020, at 3:00 p.m. The dial-in information is as follows: At 3:00 p.m. on April 27, 2020, the parties shall call (888) 363-4749 and enter access code 5123533. If the conference line requests a "security code" the parties shall press "*". Please note, the conference will not be available prior to 3:00 p.m. (Telephone Conference set for 4/27/2020 at 03:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 4/24/2020) (rro)
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| Filing 14 LETTER addressed to Judge Katherine Polk Failla from Petitioner dated April 22, 2020 re: Response to Governments Supp Materials and Petitioners Supp Materials and Authorities. Document filed by Erinerso Rosario Disla. (Attachments: #1 Exhibit Dr. Gonsalves Decl., #2 Exhibit Coomes Decl., #3 Exhibit Mendez Decl., #4 Exhibit Velesaca v. Decker Oral Decision).(Van Houten Harper, Mary) |
| Filing 13 LETTER addressed to Judge Katherine Polk Failla from Zachary Bannon dated 4/13/2020 re: Supplemental Authorities. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Bannon, Zachary) |
| Filing 12 LETTER addressed to Judge Katherine Polk Failla from Petitioner dated 04/13/2020 re: Supplemental Authorities. Document filed by Erinerso Rosario Disla. (Attachments: #1 Exhibit Valenzuela Arias v. Decker TRO Grant, #2 Exhibit Christian A.R. v. Decker TRO Grant, #3 Exhibit Rafael L.O. v. Tsoukaris TRO Grant, #4 Exhibit Transcript in Nikolic v. Decker).(Van Houten Harper, Mary) |
| Filing 11 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Scott Harlan Coomes on behalf of Erinerso Rosario Disla.(Coomes, Scott) |
| Filing 10 REPLY MEMORANDUM OF LAW in Support re: #6 MOTION for Temporary Restraining Order . . Document filed by Erinerso Rosario Disla. (Attachments: #1 Exhibit Saenz Decl., #2 Exhibit Aguilar Flores Decl., #3 Exhibit Diaz Sicap Decl., #4 Exhibit Paul Decl., #5 Exhibit Medical Records).(Van Houten Harper, Mary) |
| Filing 9 MEMORANDUM OF LAW in Opposition re: #6 MOTION for Temporary Restraining Order . . Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf. (Attachments: #1 Hernandez Declaration, #2 Catletti Declaration, #3 Moon Declaration).(Bannon, Zachary) |
| Filing 8 NOTICE OF APPEARANCE by Zachary Bannon on behalf of Thomas Decker, Carl E. DuBois, Chad Wolf..(Bannon, Zachary) |
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Filing 7
ORDER TO SHOW CAUSE: Upon consideration of the declaration of Mary (Van Houten) Harper dated March 27, 2020, the Memorandum of Law, and the Petition for Writ of Habeas Corpus, pursuant to Rule 65 of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that: Respondents must file a return on the Order to Show Cause why the Petition for Writ of Habeas Corpus and preliminary injunction should not be granted by 4/3/2020. Petitioner shall have the opportunity to reply by 4/8/2020. Further relief as the Court may find appropriate. Service of this Order shall be effected electronically by Petitioner on the United States Attorney for the Southern District of New York by 12:00 pm on March 28, 2020 and shall be deemed good and sufficient service thereof. Motions terminated: #6 MOTION for Temporary Restraining Order filed by Erinerso Rosario Disla. (Signed by Judge Katherine Polk Failla on 3/27/2020) (rro)
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| Filing 6 MOTION for Temporary Restraining Order . Document filed by Erinerso Rosario Disla. (Attachments: #1 Exhibit Harper Decl.).(Van Houten Harper, Mary) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (laq) |
| 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. (laq) |
| Filing 5 OBJECTION TO STATEMENT OF RELATEDNESS re: #3 Statement of Relatedness . Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Byars, Michael) |
| Filing 4 CIVIL COVER SHEET filed..(Van Houten Harper, Mary) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Mary Sameera Van Houten Harper to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Jury Demand code - no selection;. 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.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Sameera Van Houten Harper. The party information for the following party/parties has been modified: Thomas Decker; Chad Wolf; Carl E. DuBois. 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 Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Lewis J. Liman as possibly related to 20-cv-2422. (jgo) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-2422 (LJL). Document filed by Erinerso Rosario Disla..(Van Houten Harper, Mary) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Van Houten Harper, Mary) Modified on 3/26/2020 (jgo). |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19225591)Document filed by Erinerso Rosario Disla..(Van Houten Harper, Mary) |
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