Santos v. Orange County Correctional Facility et al
| Anyelos Angeles Santos |
| Alejandro Mayorkas, Orange County Correctional Facility and Department of Homeland Security |
| 1:2021cv01759 |
| February 26, 2021 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Received returned mail re: #12 Memo Endorsement. Mail was addressed to Anyelos Angeles Santos, Alexandria Staging Facility, 96B George Thompson Road, Alexandria, LA 71303 and was returned for the following reason(s): Return To Sender Refused Unable To Forward. (vn) |
| Received returned mail re: #6 Order. Mail was addressed to Anyelos Angeles Santos, Hudson County Jail, 30-35 Hackensack Ave., Kearny, NJ 07032 and was returned for the following reason(s): Return To Sender Not Deliverable As Addressed Unable To Forward, discharged 3/9/2021 TOT to ICE. (vn) |
Filing 17
ORDER OF DISMISSAL: Petitioner Anyelos Angeles Santos filed a petition for the writ of habeas corpus pursuant to 28 U.S.C. 2241 on February 26, 2021, seeking an order that he be released from immigration detention and an injunction blocking his removal. ECF No. 1. By letter dated March 16, 2021, Respondents advise that Petitioner has been deported and ask that the case be dismissed as moot. ECF No. 16. That request is GRANTED, substantially for the reasons stated in Respondents' letter. That is, "[i]n the context of immigration habeas cases, if a petitioner challenges his or her detention under 28 U.S.C. 2241 but is subsequently removed, the petition becomes moot because the petitioner is no longer in custody. Here, the relief requested from Petitioner was for the Court to stay his removal proceedings and release him from detention. As Petitioner is no longer in ICE's custody, his request to be released from detention is moot. And because Petitioner has already been deported, his request to stay his removal is moot as well. His petition is therefore dismissed." De La Cruz v. Dep't of Homeland Sec., No. 20-CV-2219 (AJN), 2021 WL 431037, at *2 (S.D.N.Y. Feb. 8, 2021) (citations omitted). As Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue at this time. See 28 U.S.C. 2253(c); see also, e.g., Matthews v. United States, 682 F.3d 180, 185 (2d Cir. 2012). In addition, the Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and in forma pauperis status is thus denied. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/17/2021) (ks)
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| Filing 16 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated March 16, 2021 re: Update informing the Court of the petitioner's removal. Document filed by Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility. (Attachments: #1 ICE Form I-205).(Waterman, Brandon) |
| Filing 15 CERTIFICATE OF SERVICE of Respondents' letter dated March 12, 2021 (ECF No. 14) served on Anyelos Angeles Santos on March 12, 2021. Service was made by Certified Mail. Document filed by Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility..(Waterman, Brandon) |
| Filing 14 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated March 12, 2021 re: The government's further update, pursuant to the government's March 10 letter. Document filed by Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility..(Waterman, Brandon) |
| Filing 13 CERTIFICATE OF SERVICE of Respondents' letters (ECF Nos. 9, 10), the Court's orders (ECF Nos. 5, 6, 11, 12), and the Information Package (ECF No. 7) served on Anyelos Angeles Santos on March 10, 2021 and March 11, 2021. Service was made by Certified Mail. Document filed by Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility..(Waterman, Brandon) |
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Filing 11
MEMO ENDORSEMENT on re: #10 Letter Government's submission of preliminary information pursuant to the Court's March 8 order (ECF No. 5), filed by Orange County Correctional Facility, Department of Homeland Security, Alejandro Mayorkas. ENDORSEMENT: The Clerk of Court is directed to update Petitioner's address accordingly. (That is, to Alexandria Staging Facility, 96B George Thompson Road, Alexandria, LA 71303.) Respondents shall keep the Court updated on Petitioner's status and shall alert the Court promptly if or when Petitioner is removed. Respondents shall promptly serve a copy of this order on Petitioner in addition to copies of the Court's prior orders on March 9, 2021, ECF Nos. 5, 6, at his new address. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/11/21) (yv)
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| Mailed a copy of #12 Memo Endorsement, to Anyelos Angeles Santos at Alexandria Staging Facility, 96B George Thompson Road, Alexandria, LA 71303. (dsh) |
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Filing 12
MEMO ENDORSEMENT on re: #9 Letter Request to Apply Docket Restrictions Pursuant to Fed. R. Civ. P. 5.2(c), filed by Orange County Correctional Facility, Department of Homeland Security, Alejandro Mayorkas. ENDORSEMENT : Application GRANTED. The Clerk of Court is directed to restrict access to the filings on the docket in accordance with Rule 5.2(c) of the Federal Rules of Civil Procedure. The Clerk is further directed to mail a copy of this Order to Petitioner. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/10/21) (yv) Transmission to Docket Assistant Clerk for processing.
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| Filing 10 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated March 10, 2021 re: The government's submission of preliminary information pursuant to the Court's March 8 order (ECF No. 5). Document filed by Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility..(Waterman, Brandon) |
| Filing 9 LETTER addressed to Judge Jesse M. Furman from Brandon M. Waterman dated March 10, 2021 re: Request to Apply Docket Restrictions Pursuant to Fed. R. Civ. P. 5.2(c). Document filed by Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility..(Waterman, Brandon) |
| Filing 8 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Department of Homeland Security, Alejandro Mayorkas, Orange County Correctional Facility..(Waterman, Brandon) |
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Filing 7
INFORMATION PACKAGE MAILED to Anyelos Angeles Santos, at Hudson County Jail, 30-35 Hackensack Ave., Kearny, NJ 07032, on 3/9/2021 Re: #5 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sha)
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Filing 6
ORDER DIRECTING ORIGINAL SIGNATURE. Petitioner is directed to resubmit the signature page of the petition with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is attached to this order. The Clerk of Court is directed to mail a copy of this order to Petitioner and note service on the docket. If Petitioner fails to comply with this order within the time allowed, the action may be dismissed. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Jesse M. Furman on 3/8/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing 5
ORDER TO ANSWER, 28 U.S.C. 2241... The Court, having examined the petition in this action, which the petitioner filed pursuant to 28 U.S.C. 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this Order has been issued.. Within two weeks of the date of this Order, the U.S. Attorney's Office shall file a letter providing any information that it can concerning Petitioner's immigration status so the Court may better ascertain the nature of his claims. The letter should also provide Respondents' view on how the Court should handle this petition. Unless and until the Court orders otherwise, no later than thirty days from the date of this Order, the U.S. Attorney's Office shall file an answer or other pleadings in response to the petition. Petitioner may file reply papers, if any, within two weeks from the date Petitioner is served with Respondent's answer. The Court may modify these dates upon receipt of the Government's letter. The Clerk of Court is directed to serve a copy of this Order on Petitioner. SO ORDERED. (Department of Homeland Security answer due on 5/10/2021; Alejandro Mayorkas answer due on 5/10/2021; Orange County Correctional Facility answer due on 5/10/2021.) (Signed by Judge Jesse M. Furman on 3/8/21) (yv) Transmission to Pro Se Assistants for processing.
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| Mailed a copy of #6 Order, to Anyelos Angeles Santos at Hudson County Jail, 30-35 Hackensack Ave., Kearny, NJ 07032. (dsh) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (vba) |
| 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. (vba) |
| Filing 3 AFFIRMATION OF SERVICE of Petition for a Writ of Habeas Corpus, served on U.S. Dept. of Justice, Civil Division; U.S. Attorney's Office, New York Field Office; The Hon. Alejandro Mayorkas, Acting Secretary of Homeland Security; The Warden(Orange County Correctional Facility) on 3/1/21. Service was made by mail. Document filed by Anyelos Angeles Santos. (sc) |
| Pro Se Payment of Fee Processed: Cash ($5.00) processed by the Finance Department on 3/4/2021, Receipt Number 465401274982. (sac) |
| Filing 2 PRO SE MEMORANDUM, dated 3/4/21 re: CHANGE OF ADDRESS for Anyelos Angeles Santos. New Address: Hudson County Jail, 30-35 Hackensack Ave., Kearny, New Jersey, 07032. (sc) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Anyelos Angeles Santos. (sac) |
| Case Designated ECF. (sac) |
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