Escobar v. Decker et al
Petitioner: Jorge Mario Escobar
Respondent: Merrick Garland, Director Thomas R. Decker, Secretary Alejandro Mayorkas and Sheriff Carl E. DuBois
Case Number: 1:2021cv02324
Filed: March 17, 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 U.S.C. ยง 2241 in
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Opinion or Order Filing 12 ORDER denying as moot #2 Motion for Order to Show Cause. In light of Petitioner's letter filed at ECF No. 11 indicating that Petitioner was released by U.S. Immigration and Customs Enforcement, his habeas petition, ECF No. 1, as well as his motion for a temporary restraining order and preliminary injunction, ECF No. 2, are hereby DENIED as moot. The Clerk of Court is directed to terminate ECF No. 2 and to close this case. SO ORDERED.. (Signed by Judge Jesse M. Furman on 3/31/2021) (ks)
March 31, 2021 Filing 11 LETTER addressed to Judge Jesse M. Furman from Edgar Loy Fankbonner dated 03/31/2021 re: Release of Petitioner. Document filed by Jorge Mario Escobar..(Fankbonner, Edgar)
March 30, 2021 Filing 10 LETTER addressed to Judge Jesse M. Furman from Edgar Loy Fankbonner dated 03/29/2021 re: Petitioner's Motion for Stay in U.S. Court of Appeals for the Second Circuit. Document filed by Jorge Mario Escobar..(Fankbonner, Edgar)
March 26, 2021 Filing 9 RESPONSE re: #1 Petition for Writ of Habeas Corpus . Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit A - Notice to Appear, #2 Exhibit B - Criminal history records, #3 Exhibit C - BIA and IJ merits decisions).(Byars, Michael)
March 24, 2021 Opinion or Order Filing 8 ORDER granting #7 Letter Motion for Extension of Time. The Application is GRANTED. Within one business day of Petitioner's filing of a petition for review and a stay motion before the Second Circuit, Respondents shall file their letter explaining their position in this case. The Clerk of Court is directed to terminate ECF No. 7. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/24/2021) (kv)
March 24, 2021 Filing 7 CONSENT LETTER MOTION for Extension of Time to file government's letter one business day after petitioner files petition for review and stay motion in the Second Circuit, due to BIA's issuance earlier today of opinion dismissing petitioner's administrative appeal addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated March 24, 2021. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael)
March 24, 2021 Opinion or Order Filing 6 MEMO ENDORSEMENT on re: #5 Letter, filed by Merrick Garland, Thomas R. Decker, Alejandro Mayorkas, Carl E. DuBois. ENDORSEMENT: The conference scheduled for tomorrow, March 25, 2021, is hereby ADJOURNED sine die. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (Signed by Judge Jesse M. Furman on 3/24/2021) (jca)
March 24, 2021 Filing 5 JOINT LETTER addressed to Judge Jesse M. Furman from AUSA Michael J. Byars dated March 24, 2021 re: parties' joint letter responding to the Court's March 17 Order (ECF No. 3). Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael)
March 23, 2021 Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael)
March 17, 2021 Opinion or Order Filing 3 NOTICE OF CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for a conference with the Court on March 25, 2021 at 9:15 a.m. The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Courts 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. Initial Conference set for 3/25/2021 at 09:15 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/17/2021) (kv)
March 17, 2021 Filing 2 EMERGENCY MOTION for Order to Show Cause for TRO and Preliminary Injunction. Document filed by Jorge Mario Escobar. (Attachments: #1 Civil Cover Sheet, #2 Affidavit Attorney's Affirmation and Verification, #3 Exhibit Immigration Judge's Bond Order).(Fankbonner, Edgar)
March 17, 2021 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-24265345)Document filed by Jorge Mario Escobar..(Fankbonner, Edgar)
March 17, 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. (jgo)
March 17, 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; Carl E. DuBois. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
March 17, 2021 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. (jgo)
March 17, 2021 Case Designated ECF. (jgo)
March 17, 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..(jgo)

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Respondent: Merrick Garland
Represented By: Michael James Byars
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Respondent: Director Thomas R. Decker
Represented By: Michael James Byars
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Respondent: Secretary Alejandro Mayorkas
Represented By: Michael James Byars
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Respondent: Sheriff Carl E. DuBois
Represented By: Michael James Byars
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Petitioner: Jorge Mario Escobar
Represented By: Edgar Loy Fankbonner
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