Guerrero Mariano v. Decker et al
Petitioner: Keisy Guerrero Mariano
Respondent: Thomas Decker, Merrick Garland, Jean King and Alejandro Mayorkas
Case Number: 1:2021cv04440
Filed: May 18, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
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 November 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 FIRST MOTION for Johanna Zacarias to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24745199. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 1, 2021 Opinion or Order Filing 30 LETTER MOTION for Oral Argument addressed to Judge John P. Cronan from Julie Dona dated July 1, 2021. Document filed by Keisy Guerrero Mariano..(Dona, Julie)
July 1, 2021 Opinion or Order Filing 29 ***SELECTED PARTIES***DECLARATION of Morganne Barrett in Support re: #10 Amended Petition,. Document filed by Keisy Guerrero Mariano, Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas. Motion or Order to File Under Seal: #27 .(Dona, Julie)
July 1, 2021 Opinion or Order Filing 28 REPLY MEMORANDUM OF LAW in Support re: #10 Amended Petition, . Document filed by Keisy Guerrero Mariano..(Dona, Julie)
July 1, 2021 Opinion or Order Filing 27 CONSENT LETTER MOTION for Leave to File sealed supplemental declaration addressed to Judge John P. Cronan from Julie Dona dated July 1, 2021. Document filed by Keisy Guerrero Mariano..(Dona, Julie)
July 1, 2021 Opinion or Order Filing 26 FIRST MOTION for Johanna Zacarias to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24745199. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Keisy Guerrero Mariano..(Zacarias, Johanna)
June 22, 2021 Opinion or Order Filing 25 MEMORANDUM OF LAW in Opposition re: #11 Amended Petition,, . Document filed by Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas..(Rosenbaum, Jessica)
June 22, 2021 Opinion or Order Filing 24 DECLARATION of Sean P. Crow in Opposition re: #11 Amended Petition,,. Document filed by Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas..(Rosenbaum, Jessica)
June 22, 2021 Opinion or Order Filing 23 RESPONSE to #10 Amended Petition,. Document filed by Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas. (Attachments: #1 Immigrant Data Summary, #2 Repository Inquiry, #3 Criminal Indictment, #4 Certificate of Disposition, #5 Decision on Appeal, #6 Notice to Appear, #7 Notice of Custody Determination, #8 Decision on Motion to Terminate, #9 February 19, 2021 Custody Determination, #10 Oral Merits Decision, #11 Merits Order, #12 Notice of BIA Appeal, #13 March 31, 2021 Custody Determination, #14 April 9, 2021 Custody Determination, #15 April 26, 2021 Custody Determination, #16 BIA Notice of Briefing Extension).(Rosenbaum, Jessica)
June 21, 2021 Opinion or Order Filing 22 ORDER granting #21 Letter Motion for Leave to File Excess Pages. The Government's request is granted. The Government may submit an enlarged brief of up to 35 pages.. (Signed by Judge John P. Cronan on 6/18/2021) (nb) Modified on 6/23/2021 (nb).
June 17, 2021 Opinion or Order Filing 21 LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from Jessica F. Rosenbaum dated June 17, 2021. Document filed by Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas..(Rosenbaum, Jessica)
June 8, 2021 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas..(Rosenbaum, Jessica)
June 8, 2021 Opinion or Order Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by Keisy Guerrero Mariano. ENDORSEMENT: The parties' proposed schedule is approved. The Government shall file its response to the Amended Petition by June 22, 2021, and Petitioner shall file his reply by July 1, 2021. SO ORDERED. Thomas Decker answer due 6/22/2021; Merrick Garland answer due 6/22/2021; Jean King answer due 6/22/2021; Alejandro Mayorkas answer due 6/22/2021.( Replies due by 7/1/2021.) (Signed by Judge John P. Cronan on 6/8/2021) (vfr)
June 7, 2021 Opinion or Order Filing 18 LETTER addressed to Judge John P. Cronan from Julie Dona dated June 7, 2021 re: Joint Proposed Briefing Schedule. Document filed by Keisy Guerrero Mariano..(Dona, Julie)
June 4, 2021 Opinion or Order Filing 17 ORDER GRANTING PETITIONER'S UNOPPOSED MOTION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL re: #12 Motion to Seal. Petitioner's motion to file certain documents under seal is GRANTED. Specifically, the Court orders that the following documents be sealed: Exhibit B to the Declaration of Morganne Barrett (Barrett Decl.), Psychological Evaluation by Dr. Andrew Rasmussen; Barrett Decl., Exhibit C, Petitioner's U-Visa Certification and U-Visa Declaration; Barrett Decl., Exhibit D, Excerpt of Petitioner's Medical Records from Hudson County Jail; Barrett Decl., Exhibit G, Declaration of Raisa Rodriguez-Torres, LMSW; Barrett Decl., Exhibit H, Medical Records of Elida Mariano. The Clerk of the Court is instructed to file the aforementioned documents under seal. The Clerk of the Court is further instructed that these documents shall remain under seal until otherwise ordered by the Court.. (Signed by Judge John P. Cronan on 6/4/2021) (nb)
June 4, 2021 Opinion or Order Filing 16 MEMO ENDORSEMENT with respect to #12 Motion to Seal. ENDORSEMENT: Because the Court concludes that Petitioner's privacy interests outweigh the presumption of public access to these documents, see Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), the Court grants Petitioner's unopposed motion to seal in a separately docketed order.. (Signed by Judge John P. Cronan on 6/4/2021) (nb)
June 4, 2021 Opinion or Order Filing 15 EXHIBIT TO PLEADING re: #10 Amended Petition,. Document filed by Keisy Guerrero Mariano. (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, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Dona, Julie)
June 3, 2021 Opinion or Order Filing 14 DECLARATION of Julie Dona in Support re: #12 MOTION to Seal Certain Documents in Support of Amended Petition.. Document filed by Keisy Guerrero Mariano. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Dona, Julie)
June 3, 2021 Opinion or Order Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Seal Certain Documents in Support of Amended Petition. . Document filed by Keisy Guerrero Mariano..(Dona, Julie)
June 3, 2021 Opinion or Order Filing 12 MOTION to Seal Certain Documents in Support of Amended Petition. Document filed by Keisy Guerrero Mariano. (Attachments: #1 Text of Proposed Order).(Dona, Julie)
June 3, 2021 Opinion or Order Filing 11 FILING ERROR - DEFICIENT PLEADING - DUPLICATE - FILED AGAINST PARTY ERROR FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus 2241 against Keisy Guerrero Mariano.Document filed by Keisy Guerrero Mariano. Related document: #1 Petition for Writ of Habeas Corpus. (Attachments: #1 Declaration of Morganne Barrett, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K).(Dona, Julie) Modified on 6/4/2021 (sj).
June 3, 2021 Opinion or Order Filing 10 FIRST AMENDED PETITION amending #1 Petition for Writ of Habeas Corpus 2241 against Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas.Document filed by Keisy Guerrero Mariano. Related document: #1 Petition for Writ of Habeas Corpus..(Dona, Julie)
May 26, 2021 Opinion or Order Filing 9 INTERNET CITATION NOTE: Material from decision with Internet citation re: #3 Order. (sjo)
May 26, 2021 Opinion or Order Filing 8 INTERNET CITATION NOTE: Material from decision with Internet citation re: #3 Order. (sjo)
May 25, 2021 Opinion or Order Filing 7 MEMO ENDORSEMENT on re: #6 Letter, filed by Keisy Guerrero Mariano. ENDORSEMENT: The May 27, 2021 conference is adjourned sine die. Petitioner shall file his Amended Petition by June 3, 2021, and shall file a letter proposing a briefing schedule by June 7, 2021. So Ordered. Keisy Guerrero Mariano answer due 6/3/2021. (Signed by Judge John P. Cronan on 5/24/2021) (js)
May 24, 2021 Opinion or Order Filing 6 LETTER addressed to Judge John P. Cronan from Julie Dona dated May 24, 2021 re: the Petitioner's Location at the Time of Filing. Document filed by Keisy Guerrero Mariano. (Attachments: #1 Affidavit Declaration of Morganne Barrett).(Dona, Julie)
May 21, 2021 Opinion or Order Filing 5 CERTIFICATE OF SERVICE of Petition, Civil Cover Sheet, and Order served on All Respondents on May 21, 2021. Service was made by MAIL. Document filed by Keisy Guerrero Mariano..(Dona, Julie)
May 20, 2021 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Michael James Byars on behalf of Thomas Decker, Merrick Garland, Jean King, Alejandro Mayorkas..(Byars, Michael)
May 20, 2021 Opinion or Order Filing 3 ORDER No later than May 21, 2021, Petitioners 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. (Signed by Judge John P. Cronan on 5/20/2021) (mhe)
May 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Julie Ann Dona. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)
May 19, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Julie Ann Dona. The party information for the following party/parties has been modified: Thomas Decker, Alejandro Mayorkas, Jean King, Merrick Garland. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
May 19, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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..(vf)
May 19, 2021 Opinion or Order Magistrate Judge Stewart D. Aaron 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. (vf)
May 19, 2021 Opinion or Order Case Designated ECF. (vf)
May 18, 2021 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Dona, Julie)
May 18, 2021 Opinion or Order Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number BNYSDC-24551535)Document filed by Keisy Guerrero Mariano..(Dona, Julie)

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Respondent: Thomas Decker
Represented By: Jessica F. Rosenbaum
Represented By: Michael James Byars
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Respondent: Merrick Garland
Represented By: Jessica F. Rosenbaum
Represented By: Michael James Byars
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Respondent: Jean King
Represented By: Jessica F. Rosenbaum
Represented By: Michael James Byars
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Respondent: Alejandro Mayorkas
Represented By: Jessica F. Rosenbaum
Represented By: Michael James Byars
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Petitioner: Keisy Guerrero Mariano
Represented By: Julie Ann Dona
Represented By: Johanna Zacarias
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