Valez-Chavez v. McHenry et al
| Jorge Luis Valez-Chavez |
| Director James McHenry, Immigration Judge Charles R Conroy, Acting Attorney Gen Jeffrey A. Rosen, Immigration Judge Dara Reid, Acting Assistant H. Kevin Mart, Immigration Judge Charles Conroy and Acting Attorney Jeffrey A. Rosen |
| The Legal Aid Society |
| 1:2021cv00296 |
| January 13, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on March 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 31 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss . . Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
| Filing 30 SUPPLEMENTAL MEMORANDUM OF LAW re: #8 MOTION to Dismiss . . Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
Filing 29
ORDER denying #26 Letter Motion to File Amicus Brief. The request is denied. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/10/2021) (rj)
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| Filing 28 LETTER REPLY to Response to Motion addressed to Judge Andrew L. Carter, Jr. from Julie Dona dated March 9, 2021 re: #26 SECOND LETTER MOTION to File Amicus Brief in Light of Supplemental Briefing Schedule addressed to Judge Andrew L. Carter, Jr. from Julie Dona dated March 4, 2021. . Document filed by The Legal Aid Society..(Dona, Julie) |
| Filing 27 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated March 9, 2021 re: #26 SECOND LETTER MOTION to File Amicus Brief in Light of Supplemental Briefing Schedule addressed to Judge Andrew L. Carter, Jr. from Julie Dona dated March 4, 2021. . Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 26 SECOND LETTER MOTION to File Amicus Brief in Light of Supplemental Briefing Schedule addressed to Judge Andrew L. Carter, Jr. from Julie Dona dated March 4, 2021. Document filed by The Legal Aid Society. (Attachments: #1 Exhibit Proposed Brief).(Dona, Julie) |
| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/24/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 24 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/24/2021 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/24/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/1/2021..(McGuirk, Kelly) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Oral Argument held on 2/24/2021. Zoey Jones for Plaintiff. Brandon Waterman for Defendants. Supplemental Briefs due by 3/10/2021. Replies due by 3/17/2021. (Court Reporter: Mike Mc Daniel) (tdh) |
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Filing 23
ORDER denying #20 Letter Motion to File Amicus Brief. The Court denies Legal Aid leave to file the amicus brief. The Oral Argument shall proceed as scheduled. This resolves ECF No. 20. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/19/2021) (rj)
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| Filing 22 LETTER addressed to Judge Andrew L. Carter, Jr. from Zoey Jones dated 2/18/2021 re: Consent to Adjourn Oral Argument So Defendants May Respond to Amicus Brief. Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
| Filing 21 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated February 18, 2021 re: #20 LETTER MOTION to File Amicus Brief addressed to Judge Andrew L. Carter, Jr. from Julie Dona dated February 17, 2021. . Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 20 LETTER MOTION to File Amicus Brief addressed to Judge Andrew L. Carter, Jr. from Julie Dona dated February 17, 2021. Document filed by The Legal Aid Society. (Attachments: #1 Exhibit A - Proposed Brief).(Dona, Julie) |
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Filing 19
ORDER granting #18 Letter Motion for Oral Argument. The Court shall hold oral argument on February 24, 2021 at 3:30 p.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at 1-888-363-4749(Conference Code: 3768660) on the date and time specified above. So Ordered. (Signed by Judge Andrew L. Carter, Jr on 2/2/2021) (js)
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| Set/Reset Hearings: Oral Argument set for 2/24/2021 at 03:30 PM before Judge Andrew L. Carter Jr. (js) |
| Filing 18 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Zoey Jones dated February 1, 2021. Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
| Filing 17 REPLY MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss . . Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 16 SUMMONS RETURNED EXECUTED. Charles Conroy served on 1/19/2021, answer due 2/9/2021; H. Kevin Mart served on 1/19/2021, answer due 2/9/2021; James McHenry served on 1/19/2021, answer due 2/9/2021; Dara Reid served on 1/19/2021, answer due 2/9/2021; Jeffrey A. Rosen served on 1/19/2021, answer due 2/9/2021. Service was made by MAIL. Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
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Filing 15
ORDER: The Court held a telephone conference on January 27, 2021. As discussed on the record, the Court stays briefing on the motion for a preliminary injunction. The Government shall submit a reply in support of their motion to dismiss by January 29, 2021. So Ordered (Replies due by 1/29/2021.) (Signed by Judge Andrew L. Carter, Jr on 1/27/2021) (js)
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| Filing 14 MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss . . Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
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Filing 13
ORDER: The Court is in receipt of the parties joint status letter. The Court shall hold a telephone conference in this matter on January 27, 2021 at 12:00 p.m. Plaintiff should initiate the call to the other parties, and once all relevant parties are on the line, should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and time specified above. So Ordered (Telephone Conference set for 1/27/2021 at 12:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 1/25/2021) (js)
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| Filing 12 JOINT LETTER addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated January 22, 2021 re: The parties' joint status letter pursuant to the Court's Order of January 20, 2021 (ECF No. 11). Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 1/21/2021. Zoey Jones, Alex Lampert, Michelle Quintenro and Sarah Liposoosky for Plaintiff. AUSA Brandon Waterman for the Defendants. See Docket No. 15. (Court Reporter: Lisa Smith) (tdh) |
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Filing 11
ORDER: The Parties shall meet and confer regarding the best path forward and potential ways to obviate the need for motion practice in this matter. The Parties shall file a joint status letter by January 22, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 1/20/2021) (ama)
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| Filing 10 LETTER MOTION to Stay Briefing on Plaintiff's Motion for a Preliminary Injunction Pending the Court's Resolution of the Government's Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Brandon M. Waterman dated January 19, 2021. Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss . . Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 8 MOTION to Dismiss . Document filed by Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 7 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(Waterman, Brandon) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION for Preliminary Injunction Ordering Defendants to Provide Plaintiff With Constitutionally Adequate Bond Hearing. . Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
| Filing 5 MOTION for Preliminary Injunction Ordering Defendants to Provide Plaintiff With Constitutionally Adequate Bond Hearing. Document filed by Jorge Luis Valez-Chavez. (Attachments: #1 Affirmation of Counsel for Plaintiff, #2 Declaration of Plaintiff, #3 Criminal Court Records, #4 IJ Order Denying Bond, #5 Motion for Velasco Lopez Bond Hearing, #6 IJ Order Denying Velasco Lopez Bond Hearing, #7 Request for Release Under Fraihat, #8 Letter of Plaintiff's Doctor).(Jones, Zoey) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Charles Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen..(jgo) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to James McHenry, H. Kevin Mart, Charles Conroy, Dara Reid, Jeffrey A. Rosen, re: #1 Complaint,. Document filed by Jorge Luis Valez-Chavez..(Jones, Zoey) |
| Filing 2 CIVIL COVER SHEET filed..(Jones, Zoey) |
| Filing 1 COMPLAINT against Charles R Conroy, H. Kevin Mart, James McHenry, Dara Reid, Jeffrey A. Rosen. (Filing Fee $ 402.00, Receipt Number ANYSDC-23509501)Document filed by Jorge Luis Valez-Chavez. (Attachments: #1 Plaintiff's Declaration, #2 Criminal Case Records, #3 IJ Order Denying Bond, #4 Motion for Velasco Lopez Bond Hearing, #5 Order Denying Velasco Lopez Bond Hearing, #6 Request for Fraihat Release).(Jones, Zoey) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zoey Theo Jones. The party information for the following party/parties has been modified: James McHenry; H. Kevin Mart; Charles R Conroy; Dara Reid; Jeffrey A. Rosen. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Stewart D. Aaron 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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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