Perez v. Decker et al.
| Nery Gonzalez Perez |
| Merrick Garland, Thomas R. Decker and Secretary Alejandro Mayorkas |
| 1:2021cv02360 |
| March 17, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
Docket Report
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| Document Text |
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| Received e-mail from the United States District Court - District of New Jersey acknowledging receipt of transferred case. Assigned Case Number: 2:21-cv-09553, filed on 04/16/2021. (sjo) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 4/15/2021. Ryan Brewer for the Petitioner. Michael Byars for the Defendants. See Docket No. 15. (Court Reporter: C. Arends-Dieck) (tdh) |
Filing 15
TRANSFER ORDER: For the reasons set forth on the record at the April 15, 2021 proceeding before this Court, the Court hereby transfers this matter to the District of New Jersey. Given the significant liberty interest at stake and the time sensitivity of Petitioner's claim, the Court waives the seven-day waiting period customarily afforded under Local Civil Rule 83.1 and directs the Clerk to effectuate the transfer as soon as possible. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/15/2021) (ama)
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of New Jersey. (ama) |
| Filing 14 SUPPLEMENTAL LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated April 13, 2021 re: response to petitioner's supplemental letter regarding venue (ECF No. 11). Document filed by Thomas R. Decker, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/7/21 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 12 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/7/2021 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Rebecca Forman, (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 5/4/2021. Redacted Transcript Deadline set for 5/14/2021. Release of Transcript Restriction set for 7/12/2021..(McGuirk, Kelly) |
| Filing 11 LETTER addressed to Judge Andrew L. Carter, Jr. from Petitioner, Nery Gonzalez-Perez dated 4/9/2021 re: Venue. Document filed by Nery Gonzalez Perez..(Brewer, Ryan) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 4/7/2021. Ryan Brewer for Petitioner. Michael James Byrars for Respondent. Supplemental letter brief due by 4/9/2021. Response from Respondent is due by 4/13/2021. Telephone Status Conference set for 4/15/2021 at 4:00 p.m. Participants are directed to contact the Court at that date and time at 1-(888)363-4749 (access code: 3768660). (Court Reporter: Rebecca Forman) (tdh) |
| Filing 10 LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated April 7, 2021 re: reply to petitioner's April 5 letter. Document filed by Thomas R. Decker, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit - government brief in De Melo v. Decker (redacted)).(Byars, Michael) |
| Filing 9 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Petitioner, Nery Gonzalez-Perez dated 4/5/2021 re: #7 LETTER MOTION to Expedite consideration of the government's objection to jurisdiction/venue in this Court pursuant to Rumsfeld v. Padilla, 542 U.S. 426 (2004), addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated Ap . Document filed by Nery Gonzalez Perez. (Attachments: #1 Exhibit).(Brewer, Ryan) |
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Filing 8
ORDER: On March 26, 2021, Petitioner filed a motion for preliminary injunction. Respondents appeared on March 30, 2021. The Court set a briefing schedule by an Order dated April 1, 2021. However, Respondent has filed a jurisdictional objection and requested expedited resolution of the matter. Accordingly, Petitioner is ORDERED to file a response to Defendant's objection by April 5, 2021. The Court hereby sets a telephonic conference for April 7, 2021 at 3 p.m. Participants are directed to contact the Court at that date and time at (888) 363-4749 (access code: 3768660). SO ORDERED., ( Responses due by 4/5/2021, Telephone Conference set for 4/7/2021 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 4/02/2021) (ama)
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| Filing 7 LETTER MOTION to Expedite consideration of the government's objection to jurisdiction/venue in this Court pursuant to Rumsfeld v. Padilla, 542 U.S. 426 (2004), addressed to Judge Andrew L. Carter, Jr. from AUSA Michael J. Byars dated April 2, 2021. Document filed by Thomas R. Decker, Merrick Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit A - Transcript of oral ruling, De Melo v. Decker, No. 20 Civ. 2463 (ALC), #2 Exhibit B - Declaration of Supervisory Detention and Deportation Officer Melanie C. White-Ochoa).(Byars, Michael) |
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Filing 6
ORDER: On March 26, 2021, Petitioner filed a motion for preliminary injunction. Respondents appeared on March 30, 2021. The Court hereby ORDERS the parties to comply with the below briefing schedule. Responses due by 4/5/2021, Replies due by 4/7/2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/01/2021) (ama)
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| Filing 5 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas R. Decker, Merrick Garland, Alejandro Mayorkas..(Byars, Michael) |
| Filing 4 BRIEF re: #3 MOTION for Preliminary Injunction . . Document filed by Nery Gonzalez Perez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H).(Brewer, Ryan) |
| Filing 3 MOTION for Preliminary Injunction . Document filed by Nery Gonzalez Perez..(Brewer, Ryan) |
| Filing 2 CIVIL COVER SHEET filed..(Brewer, Ryan) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ryan Brewer. The party information for the following party/parties has been modified: ALL RESPONDENTS. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (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) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Ryan Brewer. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number CNYSDC-24269686)Document filed by Nery Gonzalez Perez. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D).(Brewer, Ryan) |
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