Ajqui Ajtzalam v. Decker et al
| Miguel F Ajqui Ajtzalam and Miguel Federico Ajqui Ajtzalam |
| TAE D. JOHNSON, Alejandro Mayorkas, Thomas Decker, Jean King, Ubaid Ul-Haq, Merrick Garland, Sheriff Carl E. DuBois, Carl DuBois and Tae Johnson |
| 1:2021cv05023 |
| June 7, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in |
| None |
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This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.
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Filing 16
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is dismissed without prejudice and without costs or attorney's fees to either party. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/30/2021) (jca)
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| Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, Jean King, Alejandro Mayorkas, Ubaid Ul-Haq..(Waterman, Brandon) |
| Filing 14 MEMO ENDORSEMENT re: #13 Status Report filed by Miguel Federico Ajqui Ajtzalam. ENDORSEMENT: The application is granted. (Signed by Judge Paul G. Gardephe on 7/16/2021) (nb) |
| Filing 13 STATUS REPORT. Document filed by Miguel Federico Ajqui Ajtzalam..(Rieser-Murphy, Elizabeth) |
| Filing 12 MEMO ENDORSEMENT on re: #11 Letter, filed by Merrick Garland, Alejandro Mayorkas, Ubaid Ul-Haq, Jean King, Carl DuBois, Tae Johnson, Thomas Decker. ENDORSEMENT: The application is granted. (Signed by Judge Paul G. Gardephe on 7/6/2021) (nb) |
| Filing 11 CONSENT LETTER addressed to Judge Paul G. Gardephe from Brandon M. Waterman dated July 1, 2021 re: Request to Adjourn Briefing Schedule Sine Die. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, Jean King, Alejandro Mayorkas, Ubaid Ul-Haq..(Waterman, Brandon) |
| Filing 10 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, Jean King, Alejandro Mayorkas, Ubaid Ul-Haq..(Waterman, Brandon) |
| Filing 9 MEMO ENDORSEMENT re: #8 Letter filed by Miguel Federico Ajqui Ajtzalam. ENDORSEMENT: The application is granted., Thomas Decker answer due 7/6/2021; Merrick Garland answer due 7/6/2021; Jean King answer due 7/6/2021; Alejandro Mayorkas answer due 7/6/2021; Ubaid Ul-Haq answer due 7/6/2021.( Replies due by 7/20/2021.) (Signed by Judge Paul G. Gardephe on 6/14/2021) (nb) |
| Filing 8 LETTER addressed to Judge Paul G. Gardephe from Elizabeth Rieser-Murphy dated June 10, 2021 re: Proposed Briefing Schedule. Document filed by Miguel Federico Ajqui Ajtzalam..(Rieser-Murphy, Elizabeth) |
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Filing 7
ORDER: Petitioner has been detained by Immigration and Customs Enforcement (ICE) since March 2, 2020. (Petition (Dkt. No. 1) 28) He brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241, the All Writs Act, 28 U.S.C. 1651, and the Suspension Clause, Article I, Section 9, Clause 2 of the Constitution of the United States. The petition asks the Court to [i]ssue a writ of habeas corpus directing the respondents to release [Petitioner] from custody unless they provide [Petitioner] with a constitutionally adequate, individualized hearing within fourteen days before an impartial adjudicator during which the government must bear the burden of establishing by clear and convincing evidence that continued detention is justified, taking into account [Petitioner]'s ability to pay and the availability of alternatives to detention. (Petition (Dkt. No. 1) at p. 27 (emphasis added)) Where, as here, a petitioner seeks expedited relief, the petitioner often moves for such relief by an order to show cause. As such, by June 16, 2021, Petitioner will either file a proposed order to show cause or a letter informing the Court how Petitioner intends to proceed. (Signed by Judge Paul G. Gardephe on 6/9/2021) (nb)
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| Case Designated ECF. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elizabeth Mary Rieser-Murphy. The party information for the following party/parties has been modified: Miguel F Ajqui Ajtzalam; Thomas Decker; Sheriff Carl E. DuBois; Ubaid Ul-Haq; Jean King; Merrick Garland; Alejandro Mayorkas; TAE D. JOHNSON. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party text was omitted;. (jgo) |
| Filing 6 NOTICE OF APPEARANCE by Aadhithi Padmanabhan on behalf of Miguel F Ajqui Ajtzalam..(Padmanabhan, Aadhithi) |
| Filing 5 DECLARATION of Myriah J. Heddens in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by Miguel F Ajqui Ajtzalam..(Rieser-Murphy, Elizabeth) |
| Filing 4 DECLARATION of Daniel Moore in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by Miguel F Ajqui Ajtzalam..(Rieser-Murphy, Elizabeth) |
| Filing 3 DECLARATION of Danielle Rosario in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by Miguel F Ajqui Ajtzalam. (Attachments: #1 Exhibit A - IJ Bond Memo, #2 Exhibit B - Transcript of immigration court proceedings, #3 Exhibit C - Lorenzo Ajtzalam Guarchaj declaration, #4 Exhibit D - Lidia Ajtzalam Guarchaj declaration, #5 Exhibit E - Cherlle DasNeves Declaration, #6 Exhibit F - DA Letter and Proposed Plea, #7 Exhibit G - I-360 SIJS Approval and U.S. State Department Visa Bulletin, #8 Exhibit H - OCJ Captain Lawrence Caletti Declaration, #9 Exhibit I - ICE Detainee Handbook, #10 Exhibit J - IJ Bond Memo Regarding Velasco-Lopez Motion, #11 Exhibit K - Dr. Cynthia Calkins Declaration, #12 Exhibit L - Certificate of Disposition).(Rieser-Murphy, Elizabeth) |
| Filing 2 CIVIL COVER SHEET filed..(Rieser-Murphy, Elizabeth) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-24640619)Document filed by Miguel F Ajqui Ajtzalam..(Rieser-Murphy, Elizabeth) |
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