Banegas v. Decker et al
| Alonso Banegas |
| Sheriff Carl E. DuBois, Director Thomas R. Decker, Secretary, DHS Alejandro Mayorkas and US Attorney Genera Merrick Garland |
| 1:2021cv02359 |
| March 17, 2021 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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This docket was last retrieved on April 13, 2022. A more recent docket listing may be available from PACER.
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Filing 28
MEMO ENDORSEMENT on re: #27 Letter, filed by Merrick Garland, Thomas R. Decker, Alejandro Mayorkas, Carl E. DuBois. ENDORSEMENT: Application GRANTED. The Government must provide petitioner with a bond hearing by May 17, 2021. So Ordered. (Signed by Judge Valerie E. Caproni on 5/13/2021) (js)
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| Filing 27 JOINT LETTER addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated May 13, 2021 re: scheduling of bond hearing for May 17, 2021. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
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Filing 26
OPINION AND ORDER: For the foregoing reasons, Mr. Banegas' petition is GRANTED. Within seven calendar days of the date of this Order, Respondents must provide Petitioner with an individualized bond hearing at which the Government will bear the burden to demonstrate, by clear and convincing evidence, that Petitioner is a danger to the community or a flight risk. The immigration judge is also directed to meaningfully consider alternatives to incarceration and Petitioner's ability to pay if setting a monetary bond. Should the Government fail to provide Petitioner with a bond hearing consistent with the foregoing within seven calendar days of this order, the Government must immediately release him. So Ordered. (Signed by Judge Valerie E. Caproni on 5/7/2021) (js)
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| Filing 25 LETTER addressed to Judge Valerie E. Caproni from Edgar Loy Fankbonner dated 05/07/2021 re: Petitioner's Detention under 8 U.S.C. 1226(a). Document filed by Alonso Banegas..(Fankbonner, Edgar) |
| Filing 24 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #22 Brief . Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 23 JOINT LETTER addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated April 30, 2021 re: status of stay motion and petition for review in U.S. Court of Appeals for the Second Circuit. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 22 SUPPLEMENTAL BRIEF re: #1 Petition for Writ of Habeas Corpus . Document filed by Alonso Banegas. (Attachments: #1 Exhibit Temporary Stay Order).(Fankbonner, Edgar) |
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Filing 21
ORDER: IT IS HEREBY ORDERED THAT: No later than April 26, 2021 Petitioner may file a supplemental brief in support of his habeas petition in light of the Second Circuit's temporary stay. The Government's opposition is due by May 3, 2021. Both briefs are limited to ten pages, double spaced. The Court urges the parties to focus on the impact of the Second Circuit's decision in Velasco Lopez v. Decker et al., 978 F.3d 842 (2d Cir. 2020) on whether Petitioner is entitled to a bond hearing in which the Government would bear the burden to show that Petitioner's continued detention is justified. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/18/2021) (ama)
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Filing 20
ORDER denying #3 Motion for Order to Show Cause. IT IS HEREBY ORDERED THAT: Petitioner motion for a temporary restraining order is DENIED. No later than April 30, 2021, the parties are directed to inform the Court whether the Second Circuit has ruled on Petitioners motion for a stay of removal or his PFR. At that point, the Court will rule on Petitioner's 28 U.S.C. 2241 petition. The parties must also inform the Court immediately if the Second Circuit dissolves the temporary stay of removal before April 30, 2021. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 4/2/2021) (cf)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/2/2021. Attorneys Alex Hartzband and Innessa Huot present for the plaintiff. Attorneys Rashmee Sinha and Solomon Abramov present for the defendants. Court Reporter Lisa Franko present. (anc) |
| Minute Entry for proceedings held before Judge Valerie E. Caproni: Telephone Conference held on 4/2/2021. Attorney Edgar Frankbonner present for the petitioner. AUSA Michael Byars present for the respondent. Court Reporter Lisa Franko present. (anc) |
| Filing 19 LETTER addressed to Judge Valerie E. Caproni from Edgar Loy Fankbonner dated 04/02/2021 re: Joint Status Update. Document filed by Alonso Banegas..(Fankbonner, Edgar) |
| ***DELETED DOCUMENT. Deleted document number #19 LETTER MOTION. The document was incorrectly filed in this case. (ldi) |
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Filing 18
MEMO ENDORSEMENT: on re: #17 Letter filed by Alonso Banegas. ENDORSEMENT: Application GRANTED. Petitioner's habeas petition is held in abeyance pending Mr. Banegas' stay motion in the Second Circuit. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/30/2021) (ama)
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| Filing 17 LETTER addressed to Judge Valerie E. Caproni from Edgar Loy Fankbonner dated 03/29/2021 re: Entry of Temporary Stay Order in U.S. Court of Appeals for the Second Circuit. Document filed by Alonso Banegas. (Attachments: #1 Exhibit Temporary Stay Order).(Fankbonner, Edgar) |
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Filing 16
ENDORSED LETTER: addressed to Judge Valerie E. Caproni from Edgar Loy Frankbonner dated 3/23/2021 re: For the foregoing reasons, the parties respectfully request that today's conference be rescheduled to April 2, 2021. ENDORSEMENT: Application Granted. The hearing is adjourned to April 2, 2021 at 3:00 p.m. Links to appear via video will be sent directly to counsel. Members of the public may attend the hearing by dialing 917-933-2166, using the conference ID 665238872. Any recording or retransmission of the hearing is prohibited. A joint status update is due by April 2, 2021 at 9:00 a.m. SO ORDERED., ( Status Conference set for 4/2/2021 at 03:00 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/23/2021) (ama)
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| Filing 15 REPLY to Response to Motion re: #3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction. . Document filed by Alonso Banegas..(Fankbonner, Edgar) |
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Filing 14
ORDER: granting #13 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/22/2021) (ama)
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| Filing 13 CONSENT LETTER MOTION for Extension of Time of 38 minutes, nunc pro tunc, to file opposition submission (see ECF No. 5) addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated March 22, 2021. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
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Filing 12
ORDER: granting #7 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/22/2021) (ama)
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| Filing 11 DECLARATION of Captain Lawrence Catletti in Opposition re: #1 Petition for Writ of Habeas Corpus, #3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction.. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 10 MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus, #3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction. . Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 9 DECLARATION of Deportatino Officer Jessica Zapata in Opposition re: #1 Petition for Writ of Habeas Corpus, #3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction.. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 8 RESPONSE re: #1 Petition for Writ of Habeas Corpus, #3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction. . Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit A - 2008 Notice to Appear, #2 Exhibit B - Rap sheet, #3 Exhibit C - Form I-213 dated August 14, 2020, #4 Exhibit D - Notice of Referral to Immigration Judge, #5 Exhibit E - Order of Immigration Judge denying bond, #6 Exhibit F - Order of Immigratino Judge in withholding-only proceedings, #7 Supplement G - Post-Order Custody Review dated November 5, 2020, #8 Exhibit H - BIA decision affirming denial of bond).(Byars, Michael) |
| Filing 7 CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from AUSA Michael J. Byars dated March 21, 2021. Document filed by Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 6 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas R. Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
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Filing 5
MEMO ENDORSEMENT on re: #3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction. filed by Alonso Banegas ENDORSEMENT: A hearing on Petitioner's motion will be held on March 23, 2021 at 4:00 p.m. The hearing will be held in person in Courtroom 443. The Government's opposition is due by March 22, 2021 at 9:00 a.m. Petitioner's reply is due by March 23, 2021 at 9:00 a.m. The Court reminds the parties to review the relevant standing orders regarding courthouse entry and to comply with the requirement to wear either (i) one disposable mask underneath a cloth mask with the edges of the inner mask pushed against the face; or (ii) one properly-fitted, FDA-authorized KN95 (or N95) mask. Gaiters, bandannas, and masks with valves are not permitted. Members of the public may attend the hearing by dialing (888) 363-4749, using the access code 3121171 and the security code 2359. Any recording or retransmission of the hearing is strictly prohibited. ( Responses due by 3/22/2021, Replies due by 3/23/2021., Status Conference set for 3/23/2021 at 04:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 3/19/2021) (cf)
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| Filing 4 CIVIL COVER SHEET filed..(Fankbonner, Edgar) |
| Filing 3 EMERGENCY MOTION for Order to Show Cause and for Temporary Restraining Order and Preliminary Injunction. Document filed by Alonso Banegas. (Attachments: #1 Affidavit Affirmation and Verification of Edgar L. Fankbonner, Esq.).(Fankbonner, Edgar) |
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Filing 2
ORDER: IT IS HEREBY ORDERED THAT: Respondents must answer or otherwise respond to the Petition no later than April 16, 2021. Petitioner's reply is due by April 30, 2021. (As further set forth in this Order.) Thomas R. Decker answer due 4/16/2021; Carl E. DuBois answer due 4/16/2021; Merrick Garland answer due 4/16/2021; Alejandro Mayorkas answer due 4/16/2021.( Replies due by 4/30/2021.) (Signed by Judge Valerie E. Caproni on 3/18/2021) (cf)
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| ***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. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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..(gp) |
| Magistrate Judge Debra C. Freeman 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. (gp) |
| Case Designated ECF. (gp) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-24269452)Document filed by Alonso Banegas..(Fankbonner, Edgar) |
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