Hernandez-Aviles v. Decker et al
| Noe Hernandez-Aviles |
| Acting Sec. of DHS Chad Wolf, Attorney General William P. Barr, Director, ICE NY Thomas Decker, Acting Secretary Chad Wolf and Director Thomas Decker |
| 1:2020cv07636 |
| September 17, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 in |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 9 CLERK'S JUDGMENT re: #8 Memorandum & Opinion. in favor of Noe Hernandez-Aviles against Chad Wolf, Thomas Decker, William P. Barr. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 1, 2020, Hernandez's petition is granted; within seven days of the date of the Opinion and Order, the Government must provide Hernandez with a bond hearing before an immigration judge 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 immigration judge must consider alternative conditions of release and Hernandez's ability to pay with respect to both dangerousness and risk of flight. Should the Government fail to provide Hernandez with such a bond hearing within seven days, it must immediately release him. (Signed by Clerk of Court Ruby Krajick on 10/01/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 8
OPINION & ORDER: For the foregoing reasons, Hernandez's petition is GRANTED. Within seven days of the date of this Opinion and Order, the Government must provide Hernandez with a bond hearing before an immigration judge 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 immigration judge must consider alternative conditions of release and Hernandez's ability to pay with respect to both dangerousness and risk of flight. Should the Government fail to provide Hernandez with such a bond hearing within seven days, it must immediately release him. (Signed by Judge Edgardo Ramos on 10/1/2020) (mro) Transmission to Orders and Judgments Clerk for processing.
|
| Filing 7 REPLY re: #1 Petition for Writ of Habeas Corpus . Document filed by Noe Hernandez-Aviles. (Attachments: #1 Exhibit Order in Martinez Roman v. Decker, No. 20-cv-6752 (AJN) (S.D.N.Y. Sept. 25, 2020)).(Jones, Zoey) |
| Filing 6 MEMO ENDORSEMENT on re: #5 Response filed by Chad Wolf, Thomas Decker, William P. Barr. ENDORSEMENT: In light of the respondents' letter, Doc. 5, the Court is prepared to grant the petition, Doc. 1, based on its prior decision in Darko v. Sessions, 342 F. Supp. 3d 429 (S.D.N.Y. 2018). Hernandez-Aviles is directed to file a response of no more than three pages by close of business tomorrow, September 29, 2020, indicating whether he objects to this approach and addressing the issues raised by the respondents under the heading, "The ancillary issue of considering alternatives to detention and ability to pay," Doc. 5 at 4. (Signed by Judge Edgardo Ramos on 9/28/2020) (mro) |
| Filing 5 RESPONSE re: #1 Petition for Writ of Habeas Corpus . Document filed by William P. Barr, Thomas Decker, Chad Wolf. (Attachments: #1 Notice to Appear, #2 RAP Sheet and Conviction Documents).(Waterman, Brandon) |
| Filing 4 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of William P. Barr, Thomas Decker, Chad Wolf..(Waterman, Brandon) |
| Filing 3 CERTIFICATE OF SERVICE of Petition for Habeas Corpus served on Thomas Decker, Chad Wolf, William Barr on 09/17/2020. Service was made by EMAIL. Document filed by Noe Hernandez-Aviles..(Jones, Zoey) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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) |
| Magistrate Judge Ona T. Wang 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) |
| Filing 2 CIVIL COVER SHEET filed..(Jones, Zoey) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-21709500)Document filed by Noe Hernandez-Aviles..(Jones, Zoey) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
