Huanga Huanga v. Decker et al
| Luis Klever Huanga Huanga |
| Thomas Decker, Secretary, D.H.S. Alejandro Mayorkas, Sheriff Carl E. DuBois and U.S. Attorney Genera Merrick B. Garland |
| 1:2022cv01301 |
| February 16, 2022 |
| US District Court for the Southern District of New York |
| Gabriel W Gorenstein |
| Analisa Torres |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 in Habeas Corpus: INS |
| None |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 25 REPLY MEMORANDUM OF LAW in Support re: #1 Petition for Writ of Habeas Corpus . Document filed by Luis Klever Huanga Huanga..(Fankbonner, Edgar) |
Filing 24
MEMO ENDORSEMENT on re: #21 Letter filed by Luis Klever Huanga Huanga. ENDORSEMENT: As explained in its Individual Practices, the Court normally does not hear oral argument. And it has never done so when a party declines to address the opposing party's arguments in an opposition or reply brief. If the "waiver" of the right to file a reply brief and the request for oral argument was at all based on the assumption that petitioner would have a chance to address the Government's arguments orally, the Court recommends that petitioner instead file a reply brief. The deadline for such a brief remains March 11, 2022, though if petitioner requires additional time, it may be sought by complying with paragraph 1.E of the Court's Individual Practices. So Ordered. ( Replies due by 3/11/2022.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/4/2022) (tg)
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| Filing 23 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Edgar L. Fankbonner dated March 2, 2022 re: Consent. Document filed by Luis Klever Huanga Huanga..(Fankbonner, Edgar) |
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Filing 22
ORDER: In accordance with the provisions of 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge is available to conduct all proceedings in this case, including but not limited to any decisions on motions, any jury or nonjury trial, and/or the entry of a final judgment. An appeal from a judgment entered by a Magistrate Judge, if any, is taken directly to the United States Court of Appeals in the same manner as an appeal from any other judgment of this district court. It is the practice of the United States Magistrate Judges of this Court, including the undersigned, that cases that go to trial are given a firm trial date (rather than bein placed on a "ready trial" list requiring the parties to be ready to try the case on short notice). e of jurisdiction by a Magistrate Judge is permitted only if all parties voluntarily consent. To determine whether the parties wish to voluntarily consent, defense counsel is directed to send to counsel for plaintiff on or before March 4, 2022 a copy of the attached consent form bearing either (1) a signature indicating consent to the Magistrate Judge conducting all proceedings in this matter or (2) a notation that the defendant does not consent. On or before March 9, 2022 plaintiff's counsel is directed to file a letter either (1) stating that all parties have signed the form and attaching that form or (2) stating that all parties have not consented. If any party has not consented, the letter shall not inform the clerk which of the parties have not consented but shall merely state that there has not been consent by all parties. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/01/2022) (ama)
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| Filing 21 LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Edgar L. Fankbonner dated February 28, 2022 re: Petitioner's Waiver of Reply and Request for Oral Argument. Document filed by Luis Klever Huanga Huanga..(Fankbonner, Edgar) |
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Filing 20
ORDER: The Court assumes that the Government's response to the merits of the petition is reflected in Docket # 18. The petitioner's reply, if any, shall be filed on or before March 11, 2022. If the Court's assumption regarding the Government's response is incorrect, the Government should inform the undersigned promptly. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/25/2022) ( Replies due by 3/11/2022.) (ks)
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Filing 19
ORDER re: #3 EMERGENCY MOTION for Order to Show Cause . filed by Luis Klever Huanga Huanga, #1 Petition for Writ of Habeas Corpus filed by Luis Klever Huanga Huanga. With the exception of Petitioner's request that the Court enjoin Respondents from removing him from this Court's jurisdiction, Petitioner has not satisfied the heightened standard that applies to the Court's review of his request for a TRO. See, generally, TRO at 1. Accordingly, Petitioner's request for a TRO is GRANTED only to the extent that Respondents are enjoined from moving him to a different facility, and DENIED in all other aspects. Respondents are enjoined from moving Petitioner from his place of custody, Orange County Correctional Facility, Orange County, New York, pending the Court's determination of his petition for habeas corpus. The Court shall consider the remainder of Petitioner's requests for relief when resolving his petition, and shall resolve the petition in due course. SO ORDERED. (Signed by Judge Analisa Torres on 2/24/2022) (kv)
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| Filing 18 MEMORANDUM OF LAW in Opposition re: #3 EMERGENCY MOTION for Order to Show Cause ., #1 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Carl E. DuBois, Merrick B. Garland, Alejandro Mayorkas..(Friedman, Rebecca) |
| Filing 17 DECLARATION of Naquan Bacchus in Opposition re: #3 EMERGENCY MOTION for Order to Show Cause ., #1 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Carl E. DuBois, Merrick B. Garland, Alejandro Mayorkas..(Friedman, Rebecca) |
| Filing 16 RESPONSE re: #1 Petition for Writ of Habeas Corpus Government Return. Document filed by Thomas Decker, Carl E. DuBois, Merrick B. Garland, Alejandro Mayorkas. (Attachments: #1 Exhibit Rap Sheet, #2 Exhibit Certificates of Disposition, #3 Exhibit NTA, Notice of Custody Determination, #4 Exhibit Motion for a Bond Hearing, #5 Exhibit IJ Order, #6 Exhibit DHS Submitted Evidence, #7 Exhibit Transcript, #8 Exhibit IJ Order, #9 Exhibit IJ Order, #10 Exhibit Notice, #11 Exhibit IJ Order).(Friedman, Rebecca) |
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time; granting #14 Letter Motion for Leave to File Excess Pages. GRANTED. SO ORDERED.. (Signed by Judge Analisa Torres on 2/17/2022) (kv)
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| Filing 14 CONSENT LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Rebecca R. Friedman dated February 17, 2022., CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Analisa Torres from Rebecca R. Friedman dated February 17, 2022. Document filed by Thomas Decker, Carl E. DuBois, Merrick B. Garland, Alejandro Mayorkas..(Friedman, Rebecca) |
| Filing 13 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Luis Klever Huanga Huanga..(Fankbonner, Edgar) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 12 NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Thomas Decker, Carl E. DuBois, Merrick B. Garland, Alejandro Mayorkas..(Friedman, Rebecca) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #13 Proposed Temporary Restraining Order was reviewed and approved as to form. (km) |
| Filing 11 NOTICE OF APPEARANCE by Edgar Loy Fankbonner on behalf of Luis Klever Huanga Huanga..(Fankbonner, Edgar) |
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Filing 10
ORDER granting #3 Motion for Order to Show Cause. Accordingly, 1. By February 17, 2022, at 12:00 p.m., Petitioner shall confirm, via email toTorresNYSDChambers@nysd.uscourts.gov, that he has complied with the requirements of Rule IV.B of the Court's Individual Practices in Civil Cases; 2. By February 17, 2022, at 12:00 p.m., Petitioner shall file, via ECF, a proposed TRO; 3. If Respondents intend to oppose entry of the TRO, they shall file any opposition papers by February 18, 2022. Petitioner is directed to provide a copy of this Order to the Government. SO ORDERED.. (Signed by Judge Analisa Torres on 2/16/2022) (kv)
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Filing 9
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Habeas Corpus. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Analisa Torres on 2/16/2022) (kv)
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| Filing 8 AFFIDAVIT of Edgar L. Fankbonner in Support re: #3 EMERGENCY MOTION for Order to Show Cause .. Document filed by Luis Klever Huanga Huanga. (Attachments: #1 Exhibit IJ Order Granting Motion to Reopen).(Fankbonner, Edgar) |
| Filing 7 AFFIDAVIT of Edgar L. Fankbonner in Support re: #3 EMERGENCY MOTION for Order to Show Cause .. Document filed by Luis Klever Huanga Huanga. (Attachments: #1 Exhibit MTR (Pt 4/4)).(Fankbonner, Edgar) |
| Filing 6 AFFIDAVIT of Edgar L. Fankbonner in Support re: #3 EMERGENCY MOTION for Order to Show Cause .. Document filed by Luis Klever Huanga Huanga. (Attachments: #1 Exhibit Motion to Reopen (Pt 3-4/4)).(Fankbonner, Edgar) |
| Filing 5 AFFIDAVIT of Edgar L. Fankbonner in Support re: #3 EMERGENCY MOTION for Order to Show Cause .. Document filed by Luis Klever Huanga Huanga. (Attachments: #1 Exhibit Motion to Reopen (Pt 3-1/4), #2 Exhibit Motion to Reopen (Pt 3-2/4), #3 Exhibit Motion to Reopen (Pt 3-3/4)).(Fankbonner, Edgar) |
| Filing 4 AFFIDAVIT of Edgar L. Fankbonner in Support re: #3 EMERGENCY MOTION for Order to Show Cause .. Document filed by Luis Klever Huanga Huanga. (Attachments: #1 Exhibit Motion to Reopen (Pt 2-1/4), #2 Exhibit Motion to Reopen (Pt 2-2/4)).(Fankbonner, Edgar) |
| Filing 3 EMERGENCY MOTION for Order to Show Cause . Document filed by Luis Klever Huanga Huanga. Return Date set for 2/23/2022 at 09:30 AM. (Attachments: #1 Affidavit Affirmation and Verification of Attorney Edgar L. Fankbonner, #2 Exhibit Motion to Reopen (Pt 1/4), #3 Exhibit IJ Order Granting Motion to Reopen).(Fankbonner, Edgar) |
| Filing 2 CIVIL COVER SHEET filed..(Fankbonner, Edgar) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25738224)Document filed by Luis Klever Huanga Huanga..(Fankbonner, Edgar) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edgar Loy Fankbonner. The party information for the following party/parties has been modified: all defendants. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (gp) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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) |
| Case Designated ECF. (gp) |
| 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. (gp) |
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