Patzan Chamale v. United States Department of Homeland Security et al
| Jose Matias Patzan Chamale and Mario Lopez Velasquez |
| Chad F Wolf, United States Department of Homeland Security, United States Customs & Immigration Enforcement, Thomas R. Decker and United States Immigration and Customs Enforcement |
| 1:2020cv03517 |
| May 6, 2020 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 in |
| None |
Docket Report
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This docket was last retrieved on May 7, 2020. A more recent docket listing may be available from PACER.
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| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:20-cv-05683, filed on 05/07/2020. (sjo) |
Filing 5
ORDER: Petitioner, at the time of the filing of this petition and since his arrest on December 6, 2019, has been confined exclusively in the District of New Jersey. See Dkt. 1 1, 3. For the reasons set forth in the Court's decision in Almazo, 2018 WL 5919523, at *12, the Court holds that it lacks venue over petitioners' core habeas claims. The Court therefore transfers this case to the District of New Jersey sua sponte. The Court waives the seven-day period articulated in Local Civil Rule 83.1 to effectuate the transfer of the case. In light of the significant liberty interests at stake, including the serious risks that continued confinement poses to petitioner's health, the Court directs the Clerk of Court to effectuate this transfer as soon as possible. (Signed by Judge Paul A. Engelmayer on 5/7/2020) (jwh)
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| Filing 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Jose Matias Patzan Chamale. (Attachments: #1 Affidavit Affirmation in Support, #2 Text of Proposed Order Proposed Order to Show Cause, #3 Exhibit Petiitioner's Passport (Redacted), #4 Exhibit Rap Sheet (Redacted), #5 Exhibit Statement of Bernarda Chavrac (Redacted), #6 Exhibit Notice to Appear, #7 Exhibit Notice of Custody Determination, #8 Exhibit Order of Immigration Judge, #9 Exhibit Application for Cancellation of Removal (Redacted), #10 Exhibit Order of Immigration Judge, #11 Exhibit Filing Receipt for Appeal, #12 Exhibit WHO Statement, #13 Exhibit Study on COVID-19 Risks in Jails, #14 Exhibit News Article, #15 Exhibit News Article, #16 Exhibit Open Letter to ICE, #17 Exhibit News Article, #18 Exhibit News Articles, #19 Exhibit News Article, #20 Exhibit News Article, #21 Exhibit Correspondence to ICE, #22 Exhibit Correspondence to ICE).(Fraser, Leo) |
| Filing 3 CIVIL COVER SHEET filed..(Fraser, Leo) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey. (jwh) |
| Case Designated ECF. (jgo) |
| Magistrate Judge James L. Cott 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Leo William Fraser, III to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): the incorrect document was filed for the pleading. The Notice must be filed under the event type Notice. Re-file the pleading using The event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Leo William Fraser, III to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF case caption does not exactly match pleading caption. If all of the party names do not fit, use leading party name followed by 'et al'; 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 Leo William Fraser, III. The party information for the following party/parties has been modified: Jose Matias Patzan Chamale; Chad F Wolf; United States Customs & Immigration Enforcement; Thomas R. Decker. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted; alias party type was entered incorrectly;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Fraser, Leo) Modified on 5/7/2020 (jgo). |
| Filing 1 FILING ERROR - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19721520)Document filed by Jose Matias Patzan Chamale. (Attachments: #1 Affidavit Affirmation in Support, #2 Text of Proposed Order Proposed Order to Show Cause, #3 Exhibit Petitioner's Passport Redacted, #4 Exhibit Rap Sheet Redacted, #5 Exhibit Statement of Bernarda Chavrac Redacted, #6 Exhibit Notice to Appear, #7 Exhibit Notice of Custody Determination, #8 Exhibit Order of Immigration Judge, #9 Exhibit Application for Cancellation of Removal, #10 Exhibit Order of Immigration Judge, #11 Exhibit Filing Receipt for Appeal, #12 Exhibit WHO Statement, #13 Exhibit Study of COVID-19 in Jails, #14 Exhibit News Article, #15 Exhibit News Article, #16 Exhibit Open Letter to ICE, #17 Exhibit News Article, #18 Exhibit News Articles, #19 Exhibit News Articles, #20 Exhibit News Article, #21 Exhibit Correspondence to ICE, #22 Exhibit Correspondence to ICE).(Fraser, Leo) Modified on 5/7/2020 (jgo). |
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