Gil Sanchez v. Decker et al
| Joseph Emmanuel Gil Sanchez |
| Thomas Decker and Acting Sec. of DHS Chad Wolf |
| 1:2020cv04545 |
| June 13, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Analisa Torres |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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Filing 15
ORDER. On June 13, 2020, Petitioner, Joseph Emmanuel Gil Sanchez, moved by order to show cause for a temporary restraining order and preliminary injunction, ECF No. 3, directing his release from immigration detention at the Orange County Correctional Facility ("Orange County Jail"), on the basis of the health risks posed by COVID-19, Pet. Mem., ECF No. 2. On June 23, 2020, Petitioner filed a petition for a writ of habeas corpus under 28 U.S.C. 2241. Petition, ECF No. 4. The matter being fully submitted, see ECF Nos. 10-14, Petitioner's motion is DENIED, and as further specified and set forth in this Order. Accordingly, Petitioner's request for a temporary restraining order and a preliminary injunction is DENIED. SO ORDERED. (Signed by Judge Analisa Torres on 7/8/2020) (rjm)
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| Filing 14 DECLARATION of Colonel Anthony Mele in Opposition re: #4 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Chad Wolf..(Ramirez-Fisher, Leslie) |
| Filing 13 RESPONSE . Document filed by Joseph Emmanuel Gil Sanchez. (Attachments: #1 Exhibit Exhibit A- Medical).(Prianti, Marissa) |
| Filing 12 MEMORANDUM OF LAW in Opposition re: #4 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Chad Wolf..(Ramirez-Fisher, Leslie) |
| Filing 11 DECLARATION of John J. Carey in Opposition re: #4 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Chad Wolf..(Ramirez-Fisher, Leslie) |
| Filing 10 RESPONSE re: #4 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Chad Wolf. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J).(Ramirez-Fisher, Leslie) |
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. GRANTED. By July 1, 2020, Respondents shall file their response to the application for a TRO. By July 6, 2020, Petitioner may file a reply. SO ORDERED. (Signed by Judge Analisa Torres on 6/26/2020) (kv)
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| Filing 8 LETTER MOTION for Extension of Time to respond to Petitioner's application for a temporary restraining order addressed to Judge Analisa Torres from Leslie A. Ramirez-Fisher dated 6-26-20. Document filed by Thomas Decker, Chad Wolf..(Ramirez-Fisher, Leslie) |
| Filing 7 NOTICE OF APPEARANCE by Leslie A. Ramirez-Fisher on behalf of Thomas Decker, Chad Wolf..(Ramirez-Fisher, Leslie) |
| Filing 6 CERTIFICATE OF SERVICE of Petition for Writ of Habeas, Memorandum of Law and Application for Order to Show Cause and preliminary injunction and Temporary Restraining Order served on U.S. Attorney's Office on 06/24/2020. Service was made by Mail. Document filed by Joseph Emmanuel Gil Sanchez..(Prianti, Marissa) |
| Set/Reset Deadlines: Replies due by 6/30/2020. (kv) |
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Filing 5
ORDER re: #3 Proposed Order to Show Cause With Emergency Relief, filed by Joseph Emmanuel Gil Sanchez. It is ORDERED that: 1. By June 26, 2020, Respondents shall file their response; and 2. By June 30, 2020, Petitioner shall file his reply, if any. It is further ORDERED that by June 24, 2020, Petitioner shall serve a copy of the petition, application for a temporary restraining order, ECF Nos. 24, and this order on Respondents, including by providing a copy of those documents to the United States Attorney's Office for this district. Service may be effected by reliable electronic means. By June 25, 2020, Petitioner shall file proof of service to the docket. SO ORDERED. (Signed by Judge Analisa Torres on 6/23/2020) (kv)
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| Filing 4 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Joseph Emmanuel Gil Sanchez..(Prianti, Marissa) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(pne) |
| ***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Marissa Alexis Prianti to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 6/22/2020. (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) |
| Case Designated ECF. (pne) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Notice to attorney Marissa Prianti to RE-FILE Document No. #3 Proposed Order to Show Cause With Emergency Relief. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the proposed order is not correct. The document filed is an application. You need to file the actual proposed order to show cause Order. Re-file the document using the event type Proposed Order to Show Cause With Emergency Relief found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. An attorney affidavit in support of the order to show cause needs to be filed as a separate entry (filed under other answers, affidavit in support of a non-motion). (km) |
| Case Opening Fee Paid. Petition for Writ of Habeas Corpus - Filing Fee $5.00 - Receipt # ANYSDC-20245838. Payment Date - 6/13/2020..(pne) |
| Filing 3 FILING ERROR - DEFICIENT DOCUMENT - PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Joseph Emmanuel Gil Sanchez. Related Document Number: #1 ..(Prianti, Marissa) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 6/15/2020 (km). |
| Filing 2 MEMORANDUM OF LAW in Support of Application for Order to Show Cause and Peliminary Injunction and Temporary Restraining Order. Document filed by Joseph Emmanuel Gil Sanchez..(Prianti, Marissa) |
| Filing 1 CIVIL COVER SHEET filed..(Prianti, Marissa) |
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