Martinez Roman v. Decker et al
| Marco Martinez Roman |
| Thomas Decker, Chad F. Wolf and William Barr |
| 1:2020cv06752 |
| August 21, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Alison J Nathan |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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Filing 12
CLERK'S JUDGMENT re: #11 Memorandum & Opinion. in favor of Marco Martinez Roman against Chad F. Wolf, Thomas Decker, William Barr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 25, 2019, Mr. Martinez's petition is granted in part; because the Court resolves this Petition on the papers; Mr. Martinez's request for oral argument is denied; Within seven calendar days of the date of this Opinion and Order, Respondents must provide Mr. Martinez with a bond hearing before an IJ at which the Government bears the burden of establishing, by clear and convincing evidence, that he poses a danger to the community or a flight risk. At this hearing, the IJ must consider alternative conditions of release and Mr. Martinez's ability to pay. Should Respondents fail to provide Mr. Martinez with such a bond hearing within seven calendar days, they must immediately release him; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 09/25/2020) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 11
OPINION AND ORDER. Mr. Martinez's Petition is hereby GRANTED in part. Because the Court resolves this Petition on the papers, Mr. Martinez's request for oral argument is DENIED. Within seven calendar days of the date of this Opinion and Order, Respondents must provide Mr. Martinez with a bond hearing before an IJ at which the Government bears the burden of establishing, by clear and convincing evidence, that he poses a danger to the community or a flight risk. At this hearing, the IJ must consider alternative conditions of release and Mr. Martinez's ability to pay. Should Respondents fail to provide Mr. Martinez with such a bond hearing within seven calendar days, they must immediately release him. The Clerk of Court is directed to enter judgment and close this case. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/25/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing 10
LETTER addressed to Judge Alison J. Nathan from Petitioner Marco Martinez Roman dated Sept. 22, 2020 re: Departure of Petitioner's Immigration Counsel on Oct. 1, 2020. Document filed by Marco Martinez Roman..(Mathur, Suchita)
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Filing 9
REPLY in Support of Petition for a Writ of Habeas Corpus. Document filed by Marco Martinez Roman..(Levine, Zoe)
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Filing 8
NOTICE OF APPEARANCE by Zoe Pokempner Levine on behalf of Marco Martinez Roman..(Levine, Zoe)
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Filing 7
RESPONSE re: #1 Petition for Writ of Habeas Corpus, . Document filed by William Barr, Thomas Decker, Chad F. Wolf..(Waterman, Brandon)
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Filing 6
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William Barr, Thomas Decker, Chad F. Wolf..(Waterman, Brandon)
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Filing 5
MEMO ENDORSEMENT on re: #4 Letter filed by Marco Martinez Roman. ENDORSEMENT: SO ORDERED. ( Responses due by 9/2/2020, Replies due by 9/9/2020.) (Signed by Judge Alison J. Nathan on 8/28/2020) (rro)
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Filing 4
LETTER addressed to Judge Alison J. Nathan from Petitioner dated Aug. 27, 2020 re: Jointly Proposed Briefing Schedule. Document filed by Marco Martinez Roman..(Mathur, Suchita)
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Filing 3
ORDER re: #1 Petition for Writ of Habeas Corpus, filed by Marco Martinez Roman. The Court is in receipt of Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. 2241, filed on August 21, 2020. See Dkt. No. 1. The parties shall meet and confer and submit a proposed briefing schedule on Petitioner's application by August 31, 2020. If the parties are unable to reach agreement, they shall submit their respective proposals separately by that time. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/24/2020) (kv)
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Filing 2
CIVIL COVER SHEET filed..(Mathur, Suchita)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Suchita Deolalikar Mathur. The party information for the following party/parties has been modified: Thomas Decker; Chad F. Wolf; William Barr. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Suchita Deolalikar Mathur. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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)
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Case Designated ECF. (jgo)
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Magistrate Judge Katharine H. Parker 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)
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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-21271212)Document filed by Marco Martinez Roman. (Attachments: #1 A. NTA, #2 B. Bond Evid., #3 C. DHS Bond Evid., #4 D. IJ Bond Decision, #5 E. BIA Bond Decision, #6 F. Psych. Report, #7 G. Dr. Apstein Letters).(Mathur, Suchita)
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