Castillo Maradiaga v. Decker et al
| Javier Castillo Maradiaga |
| Acting Secretary Peter Gaynor, Tae Johnson, Acting Attorney Gene Monty Wilkinson, Field Office Dir. Thomas Decker, Thomas Decker, Peter Gaynor and Monty Wilkinson |
| 1:2021cv00842 |
| January 29, 2021 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/4/21 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 29 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/4/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Greenblum, (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 4/16/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/24/2021..(McGuirk, Kelly) |
| Filing 28 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/26/21 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 27 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/26/2021 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (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 4/2/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/10/2021..(McGuirk, Kelly) |
Filing 26
ORDER: On March 4, 2021, the Court issued an oral decision granting Petitioner's Motion for a Preliminary Injunction and for release pursuant to Mapp v. Reno, 241 F.3d 221, 230 (2d Cir. 2001). (See Minute Entry for March 4, 2021). On March 8, 2021, the Government filed a letter requesting clarification of the scope of the relief granted in the March 4, 2021 decision. (Dkt. #25). The Court clarifies that the relief granted is limited to the relief sought by Petitioner in his Motion for a Preliminary Injunction: (i) a stay of removal pending ultimate adjudication of Petitioner's habeas petition; and (ii) release from custody during the pendency of the habeas action pursuant to Mapp. The Court is also in receipt of the parties' joint letter filed March 8, 2021, proposing that Petitioner be released during the pendency of the habeas action subject to an Order of Supervision administered by Immigration and Customs Enforcement. (Dkt. #24). The Court approves the terms of release as set forth in the proposed Order of Supervision. The Court's March 4, 2021 ruling remains stayed through March 10, 2021, to permit the Government to pursue an appeal with the Second Circuit if it so desires. (Signed by Judge Katherine Polk Failla on 3/9/2021) (nb)
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| Filing 25 LETTER addressed to Judge Katherine Polk Failla from Rebecca R. Friedman dated March 8, 2021 re: request for clarification of the relief granted in Court's March 4, 2021 oral decision. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson..(Friedman, Rebecca) |
| Filing 24 LETTER addressed to Judge Katherine Polk Failla from Paige Austin, On Behalf of Both Parties dated 03/08/2021 re: Agreed Conditions of Release. Document filed by Javier Castillo Maradiaga. (Attachments: #1 Exhibit Order of Supervision).(Austin, Paige) |
| Filing 23 LETTER addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 03/04/2021 re: Response to Government Letter. Document filed by Javier Castillo Maradiaga..(Austin, Paige) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 3/4/2021 re: #4 MOTION for Preliminary Injunction filed by Javier Castillo Maradiaga: For the reasons set forth on the record, Petitioner's motion for Preliminary Injunction to stay his removal is GRANTED, and Petitioner's motion to be released from custody pursuant to Mapp is GRANTED. To permit the parties to consult on a bail package, and/or the Government to pursue an appeal with the Second Circuit, the Court's ruling is STAYED through March 10, 2021. The parties shall file either a joint letter or separate letters by COB, Monday, March 8, 2021, outlining the bond conditions agreed to, and any disputes if any. (See transcript.) (Court Reporter Steven Greenblum) (tn) |
| Filing 22 LETTER addressed to Judge Katherine Polk Failla from Rebecca R. Friedman dated March 3, 2021 re: Response to Petitioner's Letter and Factual Updates Since Argument. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson. (Attachments: #1 Exhibit Letter).(Friedman, Rebecca) |
| Filing 21 LETTER addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 03/03/2021 re: Further Update Since Argument. Document filed by Javier Castillo Maradiaga..(Austin, Paige) |
| Filing 20 NOTICE OF APPEARANCE by Theresa Dawn Lawson on behalf of Javier Castillo Maradiaga..(Lawson, Theresa) |
| Filing 19 LETTER addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 03/01/2021 re: Response to Government Letter and Update Since Argument. Document filed by Javier Castillo Maradiaga..(Austin, Paige) |
| Set/Reset Hearings: Show Cause Hearing set for 3/4/2021 at 04:00 PM before Judge Katherine Polk Failla. (tn) |
| Filing 18 LETTER addressed to Judge Katherine Polk Failla from Rebecca R. Friedman dated March 1, 2021 re: updated information regarding the petitioners status and correction to a factual error in oral argument statement. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson..(Friedman, Rebecca) |
| NOTICE ADJOURNING HEARING: The conference scheduled for March 2, 2021 is ADJOURNED to March 4, 2021 at 4:00 p.m., which will be held via video conference, with public audio access at (888) 363-4749, access code 5123533. Instructions to video participants will be sent separately, in advance of the conference. (Preliminary Injunction Hearing set for 3/4/2021 at 04:00 PM before Judge Katherine Polk Failla.) ***No PDF is attached to this entry. (tn) Modified on 3/2/2021 (tn). |
| NOTICE OF HEARING: A conference is scheduled for March 2, 2021 at 3:00 p.m., which will be held via video conference, with public audio access at (888) 363-4749, access code 5123533. Instructions to video participants will be sent separately. (Preliminary Injunction Hearing set for 3/2/2021 at 03:00 PM before Judge Katherine Polk Failla.) ***No PDF is attached to this entry. (tn) |
| Filing 17 LETTER addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 02/26/2021 re: Assessment of Petitioner's Medical Records by Dr. Xavier Pereira. Document filed by Javier Castillo Maradiaga. (Attachments: #1 Exhibit Letter from Dr. Xavier Pereira and CV).(Austin, Paige) |
| Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held on 2/26/2021 re: #4 MOTION for Preliminary Injunction filed by Javier Castillo Maradiaga: Attorneys Alina Das and Paige Austin representing Petitioner present. Attorney Rebecca Ruth Friedman representing Respondents present. The Court defers ruling on Petitioner's motion. (See transcript.) (Court Reporter Kristen Carannante) (tn) |
| Filing 16 LETTER addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 02/25/2021 re: Notice of Supplemental Authority and Supplemental Declaration. Document filed by Javier Castillo Maradiaga. (Attachments: #1 Exhibit Press Supp. Decl.).(Austin, Paige) |
| NOTICE OF CONFERENCE DIAL-IN: The conference scheduled for 2/26/2021 at 12:00 p.m. will be held via video conference, with public audio access at dial-in (917) 933-2166, conference ID code: 977979089#. Instructions to video participants will be sent separately in advance of the conference. ***No PDF is attached to this entry. (tn) |
| Filing 15 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . . Document filed by Javier Castillo Maradiaga. (Attachments: #1 Exhibit Austin Decl. and Accompanying Exhibits).(Austin, Paige) |
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Filing 14
ORDER granting #13 Letter Motion for Leave to File Excess Pages. Application GRANTED. (Signed by Judge Katherine Polk Failla on 2/19/2021) (nb)
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| Filing 13 FIRST LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 02/19/2021. Document filed by Javier Castillo Maradiaga..(Austin, Paige) |
| Filing 12 MEMORANDUM OF LAW in Opposition re: #4 MOTION for Preliminary Injunction . and In Opposition to Habeas Petition. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson. (Attachments: #1 Exhibit Gomez v. Decker).(Friedman, Rebecca) |
| Filing 11 DECLARATION of Jessica Zapata in Opposition re: #4 MOTION for Preliminary Injunction ., #1 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson..(Friedman, Rebecca) |
| Filing 10 RESPONSE re: #4 MOTION for Preliminary Injunction ., #1 Petition for Writ of Habeas Corpus Government Return. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson. (Attachments: #1 Exhibit Removal Order, #2 Exhibit Rap Sheet, #3 Exhibit Rap Sheet, #4 Exhibit IJ Order, #5 Exhibit BIA Decision, #6 Exhibit Stay Denial Letter).(Friedman, Rebecca) |
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Filing 9
ORDER granting #8 Letter Motion for Leave to File Excess Pages. Application GRANTED. (Signed by Judge Katherine Polk Failla on 2/11/2021) (nb)
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| Filing 8 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Rebecca R. Friedman dated February 11, 2021. Document filed by Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson..(Friedman, Rebecca) |
| NOTICE of Hearing on Motion: #4 MOTION for Preliminary Injunction Motion Hearing set for 2/26/2021 at 12:00 PM before Judge Katherine Polk Failla. The conference will proceed via video conference, with instructions for video participants and public audio access to be provided in advance of the conference. ***No PDF is attached to this entry. (tn) |
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Filing 7
ORDER granting #6 Letter Motion to Expedite. The Court is in receipt of the above letter motion from Petitioner (Dkt. #6). Petitioner's motion for an expedited briefing schedule on his Motion for a Preliminary Injunction is GRANTED. The Court adopts the proposed briefing schedule as set forth above. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/4/21) (yv)
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| Set/Reset Deadlines as to #4 MOTION for Preliminary Injunction .. Responses due by 2/16/2021. Replies due by 2/23/2021. (yv) |
| Filing 6 LETTER MOTION to Expedite Briefing Schedule on Consent of Both Parties addressed to Judge Katherine Polk Failla from Paige Austin, Counsel for Petitioner dated 02/04/2021. Document filed by Javier Castillo Maradiaga..(Austin, Paige) |
| Filing 5 NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Thomas Decker, Peter Gaynor, Tae Johnson, Monty Wilkinson..(Friedman, Rebecca) |
| Filing 4 MOTION for Preliminary Injunction . Document filed by Javier Castillo Maradiaga. (Attachments: #1 Memorandum of Law, #2 Press Decl. and Accompanying Exhibits).(Austin, Paige) |
| Filing 3 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alina Das on behalf of Javier Castillo Maradiaga.(Das, Alina) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paige Austin. The party information for the following party/parties has been modified: All Defendants. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paige Austin. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Bronx. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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) |
| Case Designated ECF. (sj) |
| Magistrate Judge Robert W. Lehrburger 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) |
| Filing 2 CIVIL COVER SHEET filed..(Austin, Paige) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-23751458)Document filed by Javier Castillo Maradiaga..(Austin, Paige) |
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