Garcia v. Decker et al
Petitioner: Mario Rene Garcia
Respondent: Thomas Decker, Sheriff Carl E. DuBois, Peter T Gaynor and Monty Wilkinson
Case Number: 1:2021cv01209
Filed: February 10, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241in
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 23, 2021 Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/3/21 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)
March 23, 2021 Filing 19 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/3/2021 before Judge Jesse M. Furman. Court Reporter/Transcriber: Alena Lynch, (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 4/13/2021. Redacted Transcript Deadline set for 4/23/2021. Release of Transcript Restriction set for 6/21/2021..(McGuirk, Kelly)
March 3, 2021 Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held on 3/3/2021. Edgar Loy Fankbonner present for Petitioner. Rebecca Ruth Friedman present for Respondents. Court reporter present. (ab)
March 3, 2021 Filing 18 CLERK'S JUDGMENT re: #17 Order in favor of Mario Rene Garcia against Carl E. DuBois, Monty Wilkinson, Peter T Gaynor, Thomas Decker. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 3, 2021, Petitioner Mario Rene Garcia's petition for the writ of habeas corpus is GRANTED. Within seven calendar days of the date of the Order, the Government shall take Petitioner before an immigration judge for an individualized bond hearing. At that hearing, the Government shall bear the burden to demonstrate, by clear-and-convincing evidence, that Petitioner is a danger to the community or a flight risk. If the immigration judge determines that bond is appropriate, Mr. Garcia's ability to pay bond and suitability for alternative conditions of release must be considered in setting such a bond. Should the Government fail to provide Petitioner with a bond hearing consistent with the foregoing within seven calendar days, the Government shall immediately release him. Petitioner's request for an injunction barring his transfer is deemed withdrawn and/or forfeited; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/3/2021) (Attachments: #1 Right to Appeal) (km)
March 3, 2021 Opinion or Order Filing 17 ORDER. Petitioner Mario Rene Garcia's petition for the writ of habeas corpus is GRANTED. Within seven calendar days of the date of this Order, the Government shall take Petitioner before an immigration judge for an individualized bond hearing. At that hearing, the Government shall bear the burden to demonstrate, by clear-and-convincing evidence, that Petitioner is a danger to the community or a flight risk. If the immigration judge determines that bond is appropriate, Mr. Garcia's ability to pay bond and suitability for alternative conditions of release must be considered in setting such a bond. Should the Government fail to provide Petitioner with a bond hearing consistent with the foregoing within seven calendar days, the Government shall immediately release him. Petitioner's request for an injunction barring his transfer is deemed withdrawn and/or forfeited. The Clerk of Court is directed to terminate ECF No. 5, to close this case, and to enter judgment for Petitioner. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/3/21) (yv) Transmission to Orders and Judgments Clerk for processing.
March 2, 2021 Filing 16 LETTER addressed to Judge Jesse M. Furman from Rebecca R. Friedman dated March 2, 2021 re: Additional jurisdictional issue related to habeas petition. Document filed by Thomas Decker, Carl E. DuBois, Peter T Gaynor, Monty Wilkinson..(Friedman, Rebecca)
March 2, 2021 Opinion or Order Filing 15 ORDER re: #14 Letter filed by Mario Rene Garcia. In light of Petitioner's waiver of a reply in support of his motion, and the time sensitivity of this matter, the proceeding currently scheduled for March 4, 2021 is RESCHEDULED to TOMORROW, March 3, 2021 at 10:00 a.m. The dial-in information remains the same as that listed in the Courts Order of February 22, 2021. See ECF No. 8. SO ORDERED. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
March 2, 2021 Filing 14 LETTER addressed to Judge Jesse M. Furman from Edgar Loy Fankbonner dated 03/01/2021 re: Waiver of Reply to Respondents' Opposition, Request for Oral Argument. Document filed by Mario Rene Garcia..(Fankbonner, Edgar)
February 26, 2021 Filing 13 DECLARATION of Waveney P. Boyd in Opposition re: #5 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction., #1 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Carl E. DuBois, Peter T Gaynor, Monty Wilkinson..(Friedman, Rebecca)
February 26, 2021 Filing 12 MEMORANDUM OF LAW in Opposition re: #5 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction., #1 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Carl E. DuBois, Peter T Gaynor, Monty Wilkinson..(Friedman, Rebecca)
February 26, 2021 Filing 11 RESPONSE re: #1 Petition for Writ of Habeas Corpus Government Return. Document filed by Thomas Decker, Carl E. DuBois, Peter T Gaynor, Monty Wilkinson. (Attachments: #1 Exhibit NTA, #2 Exhibit Notice of Custody Determination, #3 Exhibit Notice of Alien Address, #4 Exhibit Writ, #5 Exhibit I-203, #6 Exhibit IJ Bond Denial, #7 Exhibit Writ, #8 Exhibit IJ Removal Decision, #9 Exhibit IJ Bond Denial, #10 Exhibit BIA Decision).(Friedman, Rebecca)
February 24, 2021 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Leave to File Excess Pages. Application GRANTED. (Signed by Judge Jesse M. Furman on 2/24/2021) (cf)
February 24, 2021 Filing 9 CONSENT LETTER MOTION for Leave to File Excess Pages on Government's February 26, 2021 Combined Habeas Opposition and Preliminary Injunction Opposition addressed to Judge Jesse M. Furman from Rebecca Friedman dated February 24, 2021. Document filed by Thomas Decker, Carl E. DuBois, Peter T Gaynor, Monty Wilkinson..(Friedman, Rebecca)
February 22, 2021 Opinion or Order Filing 8 ORDER. The proceeding scheduled for March 4, 2021 at 2:00 p.m. will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363- 4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) As stated in Rule 2(C)(ii) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, no later than 24 hours before the conference, the parties shall send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. More broadly, counsel should review and comply with the rules and guidance regarding teleconferences set forth in the Court's Emergency Individual Rules and Practices in Light of COVID-19. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/22/21) (yv)
February 17, 2021 Opinion or Order Filing 7 ORDER granting #3 Letter Motion to Adjourn Conference. Application GRANTED. The conference currently scheduled for February 18, 2021 is ADJOURNED to March 4, 2021 at 2:00 p.m. The Clerk of Court is directed to terminate ECF No. 3. SO ORDERED. ( Initial Conference set for 3/4/2021 at 02:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/16/21) (yv)
February 16, 2021 Filing 6 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus. Thomas Decker served on 2/16/2021, answer due 3/9/2021; Carl E. DuBois served on 2/16/2021, answer due 3/9/2021; Peter T Gaynor served on 2/16/2021, answer due 3/9/2021; Monty Wilkinson served on 2/16/2021, answer due 3/9/2021. Document filed by Mario Rene Garcia., CERTIFICATE OF SERVICE. Document filed by Mario Rene Garcia..(Fankbonner, Edgar)
February 16, 2021 Filing 5 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction. Document filed by Mario Rene Garcia. (Attachments: #1 Affidavit Attorney's Affirmation and Verification).(Fankbonner, Edgar)
February 16, 2021 Filing 4 CIVIL COVER SHEET filed..(Fankbonner, Edgar)
February 16, 2021 Filing 3 CONSENT LETTER MOTION to Adjourn Conference and for the Court to endorse agreed-upon briefing schedule addressed to Judge Jesse M. Furman from Rebecca R. Friedman dated February 16, 2021. Document filed by Thomas Decker, Carl E. DuBois, Peter T Gaynor, Monty Wilkinson..(Friedman, Rebecca)
February 11, 2021 Opinion or Order Filing 2 NOTICE OF CONFERENCE: It is hereby ORDERED that counsel for all parties appear for a conference with the Court on February 18, 2021 at 2:00 p.m. The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Within two days of this Order, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. SO ORDERED. ( Initial Conference set for 2/18/2021 at 02:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/11/21) (yv)
February 11, 2021 Case Designated ECF. (dnh)
February 11, 2021 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. (dnh)
February 11, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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..(dnh)
February 11, 2021 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edgar Loy Fankbonner. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh)
February 11, 2021 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edgar Loy Fankbonner. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
February 11, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edgar Loy Fankbonner. The party information for the following party/parties has been modified: Thomas R. Decker; Peter T Gaynor; Monty Wilkinson; Sheriff Carl E. DuBois. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh)
February 10, 2021 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-23892480)Document filed by Mario Rene Garcia..(Fankbonner, Edgar)

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Respondent: Thomas Decker
Represented By: Rebecca Ruth Friedman
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Respondent: Sheriff Carl E. DuBois
Represented By: Rebecca Ruth Friedman
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Respondent: Peter T Gaynor
Represented By: Rebecca Ruth Friedman
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Respondent: Monty Wilkinson
Represented By: Rebecca Ruth Friedman
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Petitioner: Mario Rene Garcia
Represented By: Edgar Loy Fankbonner
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