O.F.C. v. Decker et al
Petitioner: O. F.C.
Respondent: Field Office Dir. Thomas Decker, H. Kevin Mart, Carl DuBois, David Neal, Merrick Garland, Secretary Alejandro Mayorkas, Tae Johnson, Thomas Decker and Alejandro Mayorkas
Case Number: 1:2022cv02255
Filed: March 18, 2022
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. § 2241 in Habeas Corpus: INS
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 5, 2022 Filing 27 ***SELECTED PARTIES***DECLARATION of Julie Dona in Support re: #23 Reply Memorandum of Law in Support. Document filed by O. F.C., Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal. (Attachments: #1 Exhibit C - OFC Psych Eval., #2 Exhibit D - Trivedi Decl., #3 Exhibit E - B. Psych Eval., #4 Exhibit F - DOH Eval for G.)Motion or Order to File Under Seal: #22 .(Dona, Julie)
May 5, 2022 Filing 26 DECLARATION of O.F.C. in Support re: #23 Reply Memorandum of Law in Support. Document filed by O. F.C...(Dona, Julie)
May 5, 2022 Filing 25 DECLARATION of Katherine Buckel in Support re: #23 Reply Memorandum of Law in Support. Document filed by O. F.C...(Dona, Julie)
May 5, 2022 Filing 24 DECLARATION of Julie Dona in Support re: #23 Reply Memorandum of Law in Support. Document filed by O. F.C.. (Attachments: #1 Exhibit A - Board Briefing Schedule, #2 Exhibit B - Transcript, D.O.A., #3 Exhibit C - OFC Psych Eval. (cover page only), #4 Exhibit D - Trivedi Decl. (cover page only), #5 Exhibit E - B. Psych Eval. (cover page only), #6 Exhibit F - DOH Eval. for G. (cover page only)).(Dona, Julie)
May 5, 2022 Filing 23 REPLY MEMORANDUM OF LAW in Support re: #1 Petition for Writ of Habeas Corpus . Document filed by O. F.C...(Dona, Julie)
May 5, 2022 Filing 22 LETTER MOTION to Seal addressed to Judge John P. Cronan from Julie Dona dated May 5, 2022. Document filed by O. F.C...(Dona, Julie)
May 2, 2022 Opinion or Order Filing 21 ORDER granting #20 Letter Motion for Leave to File Excess Pages. The request is granted. Petitioner may file a fifteen-page reply brief. SO ORDERED. (Signed by Judge John P. Cronan on 4/29/2022) (jca)
April 29, 2022 Filing 20 LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from Julie Dona dated April 29, 2022. Document filed by O. F.C...(Dona, Julie)
April 19, 2022 Opinion or Order Filing 19 ORDER granting #14 CONSENT LETTER MOTION to Seal Medical Declarations and Medical Records. The request to file additional medical records under seal is granted. SO ORDERED. (Signed by Judge John P. Cronan on 4/19/2022) (jca)
April 14, 2022 Filing 18 MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus . Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal..(Friedman, Rebecca)
April 14, 2022 Filing 17 ***SELECTED PARTIES***DECLARATION of Kaitlin Menard in Opposition re: #1 Petition for Writ of Habeas Corpus. Document filed by Merrick Garland, H. Kevin Mart, Alejandro Mayorkas, Thomas Decker, Tae Johnson, Carl DuBois, David Neal, O. F.C.. (Attachments: #1 Exhibit Medical Records (Filed Under Seal) -- Part 1, #2 Exhibit Medical Records (Filed Under Seal) -- Part 2, #3 Exhibit Medical Records (Filed Under Seal) -- Part 3)Motion or Order to File Under Seal: #14 .(Friedman, Rebecca)
April 14, 2022 Filing 16 DECLARATION of William D. Morrow in Opposition re: #1 Petition for Writ of Habeas Corpus. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal..(Friedman, Rebecca)
April 14, 2022 Filing 15 RESPONSE re: #1 Petition for Writ of Habeas Corpus Government Return. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal. (Attachments: #1 Exhibit Rap Sheet, #2 Exhibit Certificates of Disposition, #3 Exhibit Notice of Custody Determination, #4 Exhibit Notice to Appear, #5 Exhibit Order of Immigration Judge, #6 Exhibit Order of Immigration Judge, #7 Exhibit BIA Order).(Friedman, Rebecca)
April 14, 2022 Filing 14 CONSENT LETTER MOTION to Seal Medical Declarations and Medical Records addressed to Judge John P. Cronan from Rebecca R. Friedman dated April 14, 2022. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal..(Friedman, Rebecca)
April 13, 2022 Opinion or Order Filing 13 ORDER granting #12 Letter Motion for Leave to File Excess Pages. The request is granted. Respondent may file a brief of up to 40 pages. SO ORDERED. (Signed by Judge John P. Cronan on 4/13/2022) (vfr)
April 12, 2022 Filing 12 LETTER MOTION for Leave to File Excess Pages addressed to Judge John P. Cronan from Rebecca R. Friedman dated April 12, 2022. Document filed by Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal..(Friedman, Rebecca)
April 1, 2022 Filing 11 ***SELECTED PARTIES***DECLARATION of Perry McAninch in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by O. F.C., Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal. (Attachments: #1 Exhibit Bond Hearing Transcript, #2 Exhibit Declaration of O.F.C., #3 Exhibit Declaration of Bessy, #4 Exhibit I-130 Receipt, #5 Exhibit OCCF Medical Records, #6 Exhibit Nayana Trivedi Letter, #7 Exhibit CRCL Complaint, #8 Exhibit Agustin-Mendez Letter, #9 Exhibit Declaration of Myriah Heddens, #10 Exhibit ICE National Detainee Handbook, pt. 1, #11 Exhibit ICE National Detainee Handbook, pt. 2)Motion or Order to File Under Seal: #9 .(Dona, Julie)
March 30, 2022 Filing 10 NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Thomas Decker, Carl DuBois, Merrick Garland, Tae Johnson, H. Kevin Mart, Alejandro Mayorkas, David Neal..(Friedman, Rebecca)
March 29, 2022 Opinion or Order Filing 9 ORDER GRANTING PETITIONER'S MOTION FOR LEAVE TO PROCEED USING INITIALS, FOR LEAVE TO REFER TO HIS SPOUSE BY FIRST NAME ONLY, AND FOR FILE MEDICAL RECORDS UNDER SEAL granting #4 MOTION to Seal Medical Records and to Proceed by Initials. Petitioner's motion to proceed using his initials is GRANTED. The Court further grants Petitioner's request to refer to his wife by only her first name and to file Petitioner's sensitive medical records under seal. IT IS SO ORDERED. (Signed by Judge John P. Cronan on 3/29/2022) (jca)
March 29, 2022 Opinion or Order Filing 8 MEMO ENDORSEMENT on re: #7 Letter filed by O. F.C. ENDORSEMENT: The Court approves the parties' proposed briefing schedule. The Government shall file its response to the Petition by April 18, 2022; the Petitioner shall file his reply by May 5, 2022. SO ORDERED. (Responses due by 4/18/2022, Replies due by 5/5/2022.) (Signed by Judge John P. Cronan on 3/29/2022) (jca)
March 28, 2022 Filing 7 JOINT LETTER addressed to Judge John P. Cronan from Julie Dona dated March 28, 2022 re: Proposed Briefing Schedule. Document filed by O. F.C...(Dona, Julie)
March 21, 2022 Filing 6 NOTICE OF APPEARANCE by Julie Ann Dona on behalf of O. F.C...(Dona, Julie)
March 21, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Perry Hall McAninch. The party information for the following party/parties has been modified: Field Office Dir. Thomas Decker, H. Kevin Mart, Carl DuBois, David Neal, Merrick Garland, Secretary Alejandro Mayorkas, Tae Johnson. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)
March 21, 2022 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..(pc)
March 21, 2022 Case Designated ECF. (pc)
March 21, 2022 Magistrate Judge Katharine H. Parker 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. (pc)
March 18, 2022 Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION to Seal Medical Records and to Proceed by Initials. . Document filed by O. F.C...(McAninch, Perry)
March 18, 2022 Filing 4 MOTION to Seal Medical Records and to Proceed by Initials. Document filed by O. F.C.. (Attachments: #1 Text of Proposed Order Proposed Order).(McAninch, Perry)
March 18, 2022 Filing 3 DECLARATION of Perry McAninch in Support re: #1 Petition for Writ of Habeas Corpus. Document filed by O. F.C.. (Attachments: #1 Exhibit Bond Hearing Transcript, #2 Exhibit Declaration of O.F.C., #3 Exhibit Declaration of Bessy, #4 Exhibit I-130 Receipt Notice, #5 Exhibit OCCF Medical Records, #6 Exhibit Nayana Trivedi Letter, #7 Exhibit CRCL Complaint, #8 Exhibit Agustin-Mendez Letter, #9 Exhibit Declaration of Myriah Heddens, #10 Exhibit ICE National Detainee Handbook, pt. 1, #11 Exhibit ICE National Detainee Handbook, pt. 2).(McAninch, Perry)
March 18, 2022 Filing 2 CIVIL COVER SHEET filed..(McAninch, Perry)
March 18, 2022 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25884010)Document filed by O. F.C...(McAninch, Perry)

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Petitioner: O. F.C.
Represented By: Perry Hall McAninch
Represented By: Julie Ann Dona
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Respondent: Field Office Dir. Thomas Decker
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Respondent: H. Kevin Mart
Represented By: Rebecca Ruth Friedman
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Respondent: Carl DuBois
Represented By: Rebecca Ruth Friedman
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Respondent: David Neal
Represented By: Rebecca Ruth Friedman
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Respondent: Merrick Garland
Represented By: Rebecca Ruth Friedman
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Respondent: Secretary Alejandro Mayorkas
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Respondent: Tae Johnson
Represented By: Rebecca Ruth Friedman
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Respondent: Thomas Decker
Represented By: Rebecca Ruth Friedman
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Respondent: Alejandro Mayorkas
Represented By: Rebecca Ruth Friedman
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