Alomaisi v. Decker et al
| HAZAEA MOHAMMED SENAN ALOMAISI |
| Acting Director Matthew Albence, US Attorney General William P. Barr, Leon Hayward, Acting Sec. of DHS Chad Wolf, U.S. Customs and Border Protection, Commissioner Mark A. Morgan, Port Director, JFK Francis Russo, US DEPT OF HOMELAND SECURITY, US IMMIGRATION AND CUSTOMS ENFORCEMENT, US DEPARTMENT OF JUSTICE, Thomas R. Decker, Department Of Homeland Security, Chad Wolf, Department of Homeland Security Immigration and Customs Enforcement, Francis Russo, Matthew T. Albence, William P. Barr and Mark A. Morgan |
| 1:2020cv05059 |
| July 1, 2020 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Sarah L Cave |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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This docket was last retrieved on August 26, 2021. A more recent docket listing may be available from PACER.
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Filing 14
REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss . . Document filed by Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf..(Waterman, Brandon)
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Filing 13
RESPONSE in Opposition to Motion re: #8 MOTION to Dismiss . . Document filed by Hazaea Mohammed Senan Alomaisi. (Attachments: #1 Exhibit).(DE Graaf, Kai)
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Filing 12
MEMO ENDORSEMENT on #6 granting #7 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Pursuant to my July 7, 2020 Order of Reference (Doc. 3), the Governments motion to dismiss is referred to Magistrate Judge Cave. The Governments motion for leave to file excess pages (Doc. 7) is also granted. (Signed by Judge Vernon S. Broderick on 8/7/2020) (rro)
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Filing 11
MEMO ENDORSEMENT on re: #6 Letter, filed by Thomas R. Decker, Mark A. Morgan, Department of Homeland Security Immigration and Customs Enforcement, U.S. Customs and Border Protection, Matthew T. Albence, William P. Barr, Leon Hayward, Department Of Homeland Security, Chad Wolf, Francis Russo. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Responses due by 8/17/2020, Replies due by 8/24/2020.) (Signed by Judge Vernon S. Broderick on 8/5/2020) (rro)
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Filing 10
DECLARATION of Supervisory Detention and Deportation Officer Christopher Smith in Support re: #8 MOTION to Dismiss .. Document filed by Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf. (Attachments: #1 Exhibit A - Notice to Appear, #2 Exhibit B - BIA and IJ Decisions, #3 Exhibit C - OSUP Revocation Notice).(Waterman, Brandon)
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Filing 9
MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss . . Document filed by Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf..(Waterman, Brandon)
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Filing 8
MOTION to Dismiss . Document filed by Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf..(Waterman, Brandon)
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Filing 7
CONSENT LETTER MOTION for Leave to File Excess Pages (five additional pages) addressed to Magistrate Judge Sarah L. Cave from Brandon M. Waterman dated August 3, 2020. Document filed by Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf..(Waterman, Brandon)
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Filing 6
JOINT LETTER addressed to Judge Vernon S. Broderick from Brandon M. Waterman dated August 3, 2020 re: The parties' proposed scheduling submission pursuant to the Court's July 7 order (ECF No. 2). Document filed by Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf..(Waterman, Brandon)
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Received Return Receipt of Mail Order by Certified Mail, as to United States Attorney for the Southern District of New York, 86 Chambers Street, New York, NY 10007, which was served by Certified Mail #7018 1130 0001 1820 2421, no date on the Return Receipt Requested. (vn)
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Filing 5
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Matthew T. Albence, William P. Barr, Thomas R. Decker, Department Of Homeland Security, Department of Homeland Security Immigration and Customs Enforcement, Leon Hayward, Mark A. Morgan, Francis Russo, U.S. Customs and Border Protection, Chad Wolf..(Waterman, Brandon)
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Filing 4
CIVIL COVER SHEET filed..(DE Graaf, Kai)
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Mailed a copy of #1 Petition for Writ of Habeas Corpus, #2 Order to Answer, to the United States Attorney for the Southern District of New York, 86 Chambers Street, New York, NY 10007 by Certified Mail # 7018 1130 0001 1820 2421 with Return Receipt Requested. (bwa)
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Filing 3
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Sarah L Cave. (Signed by Judge Vernon S. Broderick on 7/7/2020) (rro)
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Filing 2
ORDER TO ANSWER: The Court, having reviewed the petition filed pursuant to 28 U.S.C. 2241, hereby ORDERS the following: 1. The Government's return to the petition, including a memorandum of law, shall be filed by August 3, 2020; and 2. Petitioner's reply, if any, shall be filed by August 17, 2020. 3. Counsel for Petitioner and Respondents should meet and confer regarding the petition and scheduling for any briefing by no later than July 24, 2020. The parties should submit a joint status letter on that date. If either party requests a modification to the above briefing schedule, they should make that request in the joint letter. It is further ORDERED that the Clerk of Court serve copies of this Order, the petition, and all other papers in support thereof, by certified mail upon the United States Attorney for the Southern District of New York. (Responses due by 8/3/2020, Replies due by 8/17/2020.) (Signed by Judge Vernon S. Broderick on 7/7/2020) (rro) Transmission to Pro Se Assistants for processing.
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***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Kai William DE Graaf. The following party/parties has been removed from this case: U.S. Department of Justice. The party was added to the case in error. (sj)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Kai William DE Graaf. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kai William DE Graaf. The party information for the following party/parties has been modified: Hazaea Mohammed Senan Alomaisi; Thomas R. Decker; Matthew T. Albence; Mark A. Morgan; Leon Hayward; Fancis Russo; Chad Wolf; William P. Barr; Department of Homeland Security; Department of Homeland Security Immigration and Customs Enforcement; U.S. Customs and Border Protection. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly; party text was omitted. (sj)
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Case Designated ECF. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj)
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Magistrate Judge Sarah L. Cave 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. (sj)
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-20512285)Document filed by HAZAEA MOHAMMED SENAN ALOMAISI. (Attachments: #1 Civil Cover Sheet CIVIL COVER SHEET).(DE Graaf, Kai)
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