Sorokin v. DuBois et al
| Anna Sorokin |
| Sheriff Carl E. DuBois, Thomas R. Decker, Tae Johnson, Secretary, DHS Alejandro Mayorkas, Carl E. DuBois and Alejandro Mayorkas |
| 1:2022cv07675 |
| September 8, 2022 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 fd Petition for Writ of Habeas Corpus (Federal) |
| None |
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| Document Text |
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Filing 5
STIPULATION AND ORDER OF DISMISSAL: TT IS STIPULATED AND AGREED by and between the parties, as follows: 1, This action is dismissed without prejudice and without costs or attorneys' fees to either party. 2. No later than l4 days after the date of entry of the Court's so-ordering of this stipulation on the docket, the government shall provide the petitioner with a bond hearing before an immigration Judge, At that hearing, the government shall bear the burden of establishing, by clear and convincing evidence, that the petitioner poses a danger to the community or presents a flight risk that cannot be mitigated by reasonable conditions of supervision or monetary bond. The immigration judge must consider alternative conditions of release with respect to both dangerousness and risk of flight. If the immigration judge sets a monetary bond, the immigration judge must consider the petitioner's ability to pay in determining the appropriate bond amount. 3, The government has agreed to take this action based on the specific facts and circumstances presented in this matter. Nothing in this stipulation and order shall be construed as a concession of any rights or agreements by the government: nor shall it be construed to require the government to provide bond hearings to any other noncitizen in similar or dissimilar circumstances, and this agreement shall in no way be used to undermine the government's litigation position in any other case. 4. This Court shall retain jurisdiction to enforce compliance with this stipulation and order. SO ORDERED. (Signed by Judge Colleen McMahon on 9/12/2022) (kv)
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| Filing 4 PROPOSED STIPULATION AND ORDER. Document filed by Thomas R. Decker, Carl E. DuBois, Tae Johnson, Alejandro Mayorkas..(Friedman, Rebecca) |
| Filing 3 NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of Thomas R. Decker, Carl E. DuBois, Tae Johnson, Alejandro Mayorkas..(Friedman, Rebecca) |
| Case Designated ECF. (gp) |
| Magistrate Judge Jennifer Willis 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Huseyin Alper Tosun. The party information for the following party/parties has been modified: all respondents. 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 Colleen McMahon. 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) |
| Filing 2 CIVIL COVER SHEET filed..(Tosun, Huseyin) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-26653448)Document filed by Anna Sorokin. (Attachments: #1 Exhibit Immigration Court Order dated July 13, 2022 (redacted), #2 Exhibit Notice of Intent to Issue Final Administrative Order dated February 9, 2021 (redacted), #3 Exhibit Notice of Referral to Immigration Judge dated March 31, 2021 (redacted), #4 Exhibit Notice of Custody Redetermination Hearing (redacted), #5 Exhibit Immigration Court Order dated April 25, 2021, #6 Exhibit Stipulation and Order dated September 27, 2021, #7 Exhibit Memorandum Decision of Immigration Judge dated November 8, 2021 (redacted), #8 Exhibit Stipulation and Order dated March 29, 2022, #9 Exhibit BIA Order dated June 17, 2022 (redacted), #10 Exhibit Motion for Bond Redetermination dated July 5, 2022 (redacted)).(Tosun, Huseyin) |
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