E.C.L. v. Decker et al
Petitioner: E. C.L.
Respondent: Thomas R. Decker, Secretary, USDHS ALEJANDRO MAYORKAS, David L. Neal, Merrick Garland, Carl E. DuBois, Thomas Decker, Alejandro Mayorkas and David Neal
Case Number: 1:2021cv08741
Filed: October 26, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28 U.S.C. § 2241 in
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 24, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2021 Filing 17 LETTER MOTION for Oral Argument addressed to Judge P. Kevin Castel from Katherine Buckel dated December 7, 2021. Document filed by E. C.L...(Buckel, Katherine)
December 3, 2021 Filing 16 REPLY AFFIRMATION of Katherine Buckel, Esq. in Support re: #15 Reply Memorandum of Law. Document filed by E. C.L.. (Attachments: #1 Exhibit Letter of Dr. Kate Sugarman, #2 Exhibit Decision to Continue Detention, #3 Exhibit Notice of Interview).(Buckel, Katherine)
December 3, 2021 Filing 15 REPLY MEMORANDUM OF LAW re: #1 Petition for Writ of Habeas Corpus (Petitioner's Reply). Document filed by E. C.L...(Buckel, Katherine)
November 20, 2021 Filing 14 MEMORANDUM OF LAW in Opposition re: #13 Declaration in Opposition, #12 Response,, #1 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas, David Neal..(Waterman, Brandon)
November 19, 2021 Filing 13 DECLARATION of Deportation Officer William Morrow in Opposition re: #12 Response,, #1 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas, David Neal..(Waterman, Brandon)
November 19, 2021 Filing 12 RESPONSE re: #1 Petition for Writ of Habeas Corpus ("Gov't Return"). Document filed by Thomas Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas, David Neal. (Attachments: #1 Exhibit 1 - Disposition Documents 2001 Conviction, #2 Exhibit 2 - Notice to Appear, #3 Exhibit 3 - ICE Evidence Packet, #4 Exhibit 4 - EDNY Criminal Complaint, #5 Exhibit 5 - EDNY Judgment, #6 Exhibit 6 - Notice of Reinstatement, #7 Exhibit 7 - I-213, #8 Exhibit 8 - 90-Day POCR, #9 Exhibit 9 - IJ Decision, #10 Exhibit 10 - Notice of Interview Refusal).(Waterman, Brandon)
November 3, 2021 Opinion or Order Filing 11 MEMO ENDORSEMENT: on re: #10 Letter filed by Merrick Garland, Thomas Decker, David Neal, Carl E. DuBois, Alejandro Mayorkas. ENDORSEMENT: Application Granted. SO ORDERED., ( Responses due by 11/19/2021, Replies due by 12/3/2021.) (Signed by Judge P. Kevin Castel on 11/03/2021) (ama)
November 3, 2021 Filing 10 JOINT LETTER addressed to Judge P. Kevin Castel from Brandon M. Waterman dated November 3, 2021 re: Proposed Briefing Schedule. Document filed by Thomas Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas, David Neal..(Waterman, Brandon)
November 3, 2021 Filing 9 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Carl E. DuBois, Merrick Garland, Alejandro Mayorkas, David Neal..(Waterman, Brandon)
November 2, 2021 Opinion or Order Filing 8 ORDER INITIAL PRETRIAL CONFERENCE: COUNSEL FOR PLAINTIFF (OR THE REMOVING DEFENDANT) SHALL IMMEDIATELY SEND A COPY OF THIS ORDER TO ALL PARTIES. Counsel for all parties shall appear for an Initial Pretrial Conference, held pursuant to Rule 16 of the Federal Rules of Civil Procedure, January 24, 2022 at 10:30 a.m. Principal trial counsel shall appear at this and all subsequent conferences. The parties shall submit a joint letter five business days prior to the Conference addressing the following in separate paragraphs: as set forth herein. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in:(888) 363-4749; Access Code: 3667981. And as set forth herein. SO ORDERED. Initial Conference set for 1/24/2022 at 10:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 11/02/2021) (ama)
October 27, 2021 Opinion or Order Filing 7 ORDER GRANTING PETITIONER'S MOTION TO PROCEED USING INITIALS: granting #5 Motion for Proceed Using Initials. re: #5 MOTION Motion for Leave to Proceed Using Initials. Petitioner's motion to proceed using his initials is provisionally GRANTED. IT IS SO ORDERED. (Signed by Judge P. Kevin Castel on 10/27/2021) (ama)
October 27, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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)
October 27, 2021 Magistrate Judge Gabriel W. Gorenstein 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)
October 27, 2021 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Katherine Holt Buckel. The party information for the following party/parties has been modified: Thomas Decker, Alejandro Mayorkas, David Neal, Merrick Garland, Carl E. DuBois. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (vf)
October 27, 2021 Case Designated ECF. (vf)
October 26, 2021 Filing 6 MEMORANDUM OF LAW in Support re: #5 MOTION Motion for Leave to Proceed Using Initials . . Document filed by E. C.L.. (Attachments: #1 Exhibit Affirmation of Katherine Buckel, Esq.).(Buckel, Katherine)
October 26, 2021 Filing 5 MOTION Motion for Leave to Proceed Using Initials . Document filed by E. C.L.. (Attachments: #1 Text of Proposed Order).(Buckel, Katherine)
October 26, 2021 Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - (SEE DOCUMENT #5) - NOTICE of of Motion for Leave to Proceed Using Initials. Document filed by E. C.L.. (Attachments: #1 Text of Proposed Order).(Buckel, Katherine) Modified on 10/26/2021 (lb).
October 26, 2021 Filing 3 DECLARATION of Katherine Buckel, Esq. in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by E. C.L.. (Attachments: #1 Exhibit Exh. A, confirmation of no disciplinary records, #2 Exhibit Exh. B, Declaration of Marion Koshy, LMSW, #3 Exhibit Exh. C, Medical Records Part I, #4 Exhibit Exh. C, Medical Records Part II, #5 Exhibit Exh. C, Medical Records Part III, #6 Exhibit Exh. D, Custody Review).(Buckel, Katherine)
October 26, 2021 Filing 2 CIVIL COVER SHEET filed..(Buckel, Katherine)
October 26, 2021 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25244025)Document filed by E. C.L...(Buckel, Katherine)

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Petitioner: E. C.L.
Represented By: Katherine Holt Buckel
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Respondent: Thomas R. Decker
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Respondent: Secretary, USDHS ALEJANDRO MAYORKAS
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Respondent: David L. Neal
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Respondent: Merrick Garland
Represented By: Brandon Matthew Waterman
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Respondent: Carl E. DuBois
Represented By: Brandon Matthew Waterman
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Respondent: Thomas Decker
Represented By: Brandon Matthew Waterman
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Respondent: Alejandro Mayorkas
Represented By: Brandon Matthew Waterman
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Respondent: David Neal
Represented By: Brandon Matthew Waterman
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