Moscoso v. Joyce et al
Plaintiff: Elmer Moscoso
Defendant: William Joyce, Alejandro Mayorkas and Merrick Garland
Case Number: 1:2022cv06272
Filed: July 24, 2022
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 Habeas Corpus: INS
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 19, 2022 Opinion or Order Filing 26 ORDER granting #25 Letter Motion to Adjourn Conference. October 17 conference is VACATED. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/19/2022) (tg)
September 16, 2022 Opinion or Order Filing 25 LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Jessica F. Rosenbaum dated September 16, 2022. Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica)
August 26, 2022 Opinion or Order Filing 24 REPLY in Support of Petition for a Writ of Habeas Corpus. Document filed by Elmer Moscoso. (Attachments: #1 Exhibit G - Supplemental Searle Declaration).(Levine, Zoe)
August 25, 2022 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Zoe Pokempner Levine on behalf of Elmer Moscoso..(Levine, Zoe)
August 19, 2022 Opinion or Order Filing 22 RESPONSE re: #1 Petition for Writ of Habeas Corpus, . Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica)
August 19, 2022 Opinion or Order Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#22) MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus, . Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica) Modified on 8/19/2022 (lb).
August 19, 2022 Opinion or Order Filing 20 DECLARATION of Deportation Office Michael V. Charles in Opposition re: #1 Petition for Writ of Habeas Corpus,. Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica)
August 19, 2022 Opinion or Order Filing 19 RESPONSE re: #1 Petition for Writ of Habeas Corpus, . Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas. (Attachments: #1 Exhibit RAP Sheet, #2 Exhibit Form I-200, #3 Exhibit Notice of Custody Determination, #4 Exhibit Form I-830, #5 Exhibit February 22, 2022, Bond Order, #6 Exhibit March 30, 2022, Decision of Immigration Judge (Under Seal), #7 Exhibit DHS Motion for Briefing Schedule, #8 Exhibit BIA Notice of Briefing Schedule).(Rosenbaum, Jessica)
August 17, 2022 Opinion or Order Filing 18 ORDER granting #15 Letter Motion to Seal. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
August 17, 2022 Opinion or Order Filing 17 ORDER granting #13 Letter Motion for Leave to enlarged brief up to 40 pages. (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
August 16, 2022 Opinion or Order Filing 16 ***SELECTED PARTIES***REDACTION (Sealed Government Return Exhibit 6 (March 30, 2022, Merits Decision)) by Merrick Garland, Alejandro Mayorkas, William Joyce, Elmer MoscosoMotion or Order to File Under Seal: #15 .(Rosenbaum, Jessica)
August 16, 2022 Opinion or Order Filing 15 LETTER MOTION to Seal Government Return Exhibit 6 (March 30, 2022, Merits Decision) addressed to Judge P. Kevin Castel from Jessica F. Rosenbaum dated August 16, 2022. Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica)
August 16, 2022 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Jessica Swensen on behalf of Elmer Moscoso..(Swensen, Jessica)
August 16, 2022 Opinion or Order Filing 13 LETTER MOTION for Leave to File Excess Pages addressed to Judge P. Kevin Castel from Jessica F. Rosenbaum dated August 16, 2022. Document filed by Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica)
August 12, 2022 Opinion or Order Filing 12 ORDER: granting #11 Letter Motion for Leave to File Document. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/12/2022) (ama)
August 11, 2022 Opinion or Order Filing 11 LETTER MOTION for Leave to File Supplemental Exhibit addressed to Judge P. Kevin Castel from Kshithij Shrinath dated August 11, 2022. Document filed by Elmer Moscoso. (Attachments: #1 Exhibit BIA Bond Decision).(Shrinath, Kshithij)
July 28, 2022 Opinion or Order Filing 10 ORDER: granting #7 Letter Motion to Seal. Application Granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/28/2022) (ama)
July 28, 2022 Opinion or Order Filing 9 REDACTION to #7 LETTER MOTION to Seal addressed to Judge P. Kevin Castel from Kshithij Shrinath dated July 28, 2022. by Elmer Moscoso.(Shrinath, Kshithij)
July 28, 2022 Opinion or Order Filing 8 ***EX-PARTE***REDACTION to #7 LETTER MOTION to Seal addressed to Judge P. Kevin Castel from Kshithij Shrinath dated July 28, 2022. by Elmer MoscosoMotion or Order to File Under Seal: #7 .(Shrinath, Kshithij)
July 28, 2022 Opinion or Order Filing 7 LETTER MOTION to Seal addressed to Judge P. Kevin Castel from Kshithij Shrinath dated July 28, 2022. Document filed by Elmer Moscoso..(Shrinath, Kshithij)
July 27, 2022 Opinion or Order Filing 6 MEMO ENDORSEMENT: on re: #5 Letter filed by Elmer Moscoso. ENDORSEMENT: Schedule approved. SO ORDERED., ( Responses due by 8/19/2022, Replies due by 8/26/2022.) (Signed by Judge P. Kevin Castel on 7/27/2022) (ama)
July 26, 2022 Opinion or Order Filing 5 LETTER addressed to Judge P. Kevin Castel from Kshithij Shrinath dated July 26, 2022 re: Jointly Proposed Briefing Schedule. Document filed by Elmer Moscoso..(Shrinath, Kshithij)
July 26, 2022 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of Merrick Garland, William Joyce, Alejandro Mayorkas..(Rosenbaum, Jessica)
July 26, 2022 Opinion or Order Filing 3 ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference by telephone set for 10/17/2022 at 11:00 AM before Judge P. Kevin Castel. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981. SO ORDERED. (Signed by Judge P. Kevin Castel on 7/26/2022) (vfr)
July 25, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kshithij Shrinath. The party information for the following party/parties has been modified: William P. Joyce, Alejandro Mayorkas, Merrick Garland. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted. (sj)
July 25, 2022 Opinion or Order 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..(sj)
July 25, 2022 Opinion or Order Case Designated ECF. (sj)
July 25, 2022 Opinion or Order Magistrate Judge Barbara C. Moses 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. (sj)
July 24, 2022 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Shrinath, Kshithij)
July 24, 2022 Opinion or Order Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-26454583)Document filed by Elmer Moscoso. (Attachments: #1 Exhibit Searle Declaration, #2 Exhibit Garcia Declaration, #3 Exhibit NTA & Custody Determination, #4 Exhibit Placeholder for IJ Bond Denial, #5 Exhibit EOIR Portal, #6 Exhibit BIA Suspension Order).(Shrinath, Kshithij)

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Plaintiff: Elmer Moscoso
Represented By: Kshithij Shrinath
Represented By: Jessica Swensen
Represented By: Zoe Pokempner Levine
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Defendant: William Joyce
Represented By: Jessica F. Rosenbaum
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Defendant: Alejandro Mayorkas
Represented By: Jessica F. Rosenbaum
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Defendant: Merrick Garland
Represented By: Jessica F. Rosenbaum
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