Rodriguez v. Orange County Correctional Facility et al
| Antonio Moncion Rodriguez |
| Orange County Correctional Facility, Department of Homeland Security, Warden, Orange County Correctional Facility and Alejandro Mayorkas |
| 1:2023cv00242 |
| January 11, 2023 |
| US District Court for the Southern District of New York |
| John G Koeltl |
| 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 March 24, 2023. A more recent docket listing may be available from PACER.
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Filing 21
CERTIFICATE OF SERVICE of Habeas Return and Accompanying Filings served on Mr. Antonio Moncion Rodriguez on March 9, 2023. Service was made by Mail. Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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Filing 20
MEMORANDUM OF LAW in Opposition re: #7 Amended Petition, . Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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Filing 19
DECLARATION of Christopher Finnie in Opposition re: #7 Amended Petition,. Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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Filing 18
RESPONSE re: #7 Amended Petition, . Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Press, Joshua)
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MAILING RECEIPT: Document No: 17. Mailed to: Antonio Moncion Rodriguez 220633653/042089638 74 Bellevue Avenue Providence, RI 02907; Antonio Moncion Rodriguez 220633653/042089638 Orange County Correctional Facility 110 Wells Farm Rd Goshen, NY 10924. (dsh)
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Filing 17
ORDER: The petitioner and his next friend are advised that they may consult the Pro Se Clinic operated by the New York Legal Assistance Group ("NYLAG") for the limited purpose of inquiring about a possible referral to pro bono immigration counsel. The NYLAG Pro Se Clinic is a free legal clinic for certain litigants who do not have lawyers, and it is run by a private organization; it is not part of, or run by, the Court. It cannot accept filings on behalf of the Court, which must still be made by any pro se party through the Pro Se Intake Unit. NYLAG cannot provide legal representation or legal advice to the petitioner. The sole purpose of contacting NYLAG would be to request a referral to pro bono immigration counsel. While NYLAG may be able to provide such assistance, a referral to pro bono immigration counsel is not guaranteed. The petitioner or his next friend may contact NYLAG for a possible referral by filling out the paperwork attached to this Order and mailing it to the NYLAG Pro Se Clinic at 100 Pearl Street, 19th Floor, New York, New York, 10004. Once the papers have been received, the Clinic will coordinate contact with the litigant. It may take up to two weeks for the Clinic to contact the litigant. Alternatively, the petitioner or his next friend may contact NYLAG for a possible referral by leaving a voicemail at (212) 659-5190, or by completing the Clinic's intake form on a computer at: https://tinyurl.com/NYLAG-ProSe-OI. The Clerk is respectfully directed to mail a copy of this Order to the petitioner at both addresses listed on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 3/7/2023) (ks)
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MAILING RECEIPT: Document No: 16. Mailed to: Antonio Moncion Rodriguez 220633653/042089638 74 Bellevue Avenue Providence, RI 02907; Antonio Moncion Rodriguez 220633653/042089638 Orange County Correctional Facility 110 Wells Farm Rd Goshen, NY 10924. (dsh)
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Filing 16
ORDER: The petitioner is advised that it is possible that the only court with jurisdiction to stay his removal, if any, is the Court of Appeals for the Second Circuit or the Court of Appeals for the district that issued the removal order.The Clerk is directed to mail a copy of this Order to the pro se petitioner at both addresses listed on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 3/06/2023) (ama)
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Filing 15
CERTIFICATE OF SERVICE of Letter served on Mr. Antonio Moncion Rodriguez on March 3, 2023. Service was made by Mail. Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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Filing 14
LETTER addressed to Judge John G. Koeltl from Joshua S. Press dated March 2, 2023 re: Order That Respondents Advise the Court Whether They Would Remove the Petitioner While the Habeas Petition is Still Pending. Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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MAILING RECEIPT: Document No: 13. Mailed to: Antonio Moncion Rodriguez 220633653/042089638 74 Bellevue Avenue Providence, RI 02907; Antonio Moncion Rodriguez 220633653/042089638 Orange County Correctional Facility 110 Wells Farm Rd Goshen, NY 10924. (kh)
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Filing 13
ORDER: In view of the government's advice about the imminent removal of the petitioner, the government's time to respond to the petition is accelerated to Wednesday, March 8, 2023. Any reply by the petitioner should be submitted by Monday, March 13, 2023. The government should also promptly advise whether it would remove the petitioner while the petition is still pending. Cf. In re Immigr. Petitions for Rev. Pending in U.S. Ct. of Appeals for Second Cir., 702 F.3d 160, 162 (2d Cir. 2012) ("While a petition is pending in this Court, the Government's forbearance policy has assured that removal will not occur."). The Clerk of Court is directed to mail a copy of this Order to the petitioner and his next friend at both addresses listed on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 3/1/2023) Alejandro Mayorkas answer due 3/8/2023; Warden, Orange County Correctional Facility answer due 3/8/2023.( Replies due by 3/13/2023.) (ks)
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Filing 12
CERTIFICATE OF SERVICE of Letter served on Mr. Antonio Moncion Rodriguez on March 1, 2023. Service was made by Mail. Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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Filing 11
LETTER addressed to Judge John G. Koeltl from Joshua S. Press dated March 1, 2023 re: Mr. Rodriguez's Removal. Document filed by Alejandro Mayorkas, Warden, Orange County Correctional Facility..(Press, Joshua)
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Filing 10
AFFIRMATION OF SERVICE of Petition for Writ of Habeas Corpus, served on U..S. Dept. of Justice, Civ. Division, Washington DC 205390; U.S. Attorneys Office(SDNY), 1 St. Andrews Plaza, NY, NY 10007; New York - ERO, NYC Field Office, NY, NY 10278; ICE Headquarters, Washington, DC 20536; and The Warden, Orange County Corr. Center, Goshen, NY 10924 on 1/27/23. Service was made by Mail. Document filed by Antonio Moncion Rodriguez. (sc)
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Filing 9
INFORMATION PACKAGE MAILED to Antonio Moncion Rodriguez, 220633653/042089638, at 74 Bellevue Avenue, Providence, RI 02907 and Orange County Correctional Facility, 110 Wells Farm Rd, Goshen, NY 10924, on 2/7/2023 Re: #8 Order to Answer, 28 U.S.C. 2241. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge. (sha)
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Filing 8
ORDER TO ANSWER, 28 U.S.C. 2241... The Court, having examined the amended petition in this action, which has been filed pursuant to 28 U.S.C. 2241, hereby ORDERS that: The Clerk of Court shall electronically notify the Civil Division of the U.S. Attorney's Office for the Southern District of New York that this order has been issued. Within 60 days of the date of this order, the U.S. Attorney's Office shall file an answer or other pleading in response to the amended petition. Petitioner or the next friend may file reply papers, if any, within 30 days from the date Petitioner or the next friend is served with Respondents' answer. SO ORDERED. Alejandro Mayorkas answer due on 4/4/2023; Warden, Orange County Correctional Facility answer due on 4/4/2023. (Signed by Judge John G. Koeltl on 2/3/2023) (vfr) Transmission to Pro Se Assistants for processing.
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Filing 7
AMENDED PETITION, Re: amending #1 Petition for Writ of Habeas Corpus 2241 against Alejandro Mayorkas; Warden, Orange County Correctional Facility.Document filed by Antonio Moncion Rodriguez Related document: #1 Petition for Writ of Habeas Corpus.(sc) Modified on 2/3/2023 (sc).
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MAILING RECEIPT: Document No: 6. Mailed to: Antonio Moncion Rodriguez 220633653/042089638 Orange County Correctional Facility 110 Wells Farm Rd Goshen, NY 10924. (dsh)
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Mailed a copy of #3 Order, #6 Order, to Yulissa Alvarez 74 Bellevue Avenue, Providence, RI 02907. (dsh)
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Filing 6
ORDER: The prose petitioner in this action is presently confined at the Orange County Correctional Facility in Goshen, New York. It appears that the petitioner has had to rely on his wife, Yulissa Alvarez, to file the original petition and serve the defendants on his behalf. See ECF No. 1 at 9; ECF No. 5 at 1, 4. To ensure that the petitioner is apprised of all developments in this action, the Court respectfully directs the Clerk's Office to add Ms. Alvarez's mailing address, 74 Bellevue Avenue, Providence, RI 02907, to the docket as the petitioner's second address of record. Going forward, all papers mailed to the petitioner should be sent to both this address and the Orange County Correctional Facility address. The Clerk is further directed to mail a copy of this Court's Order to Amend (ECF No. 3) to the Rhode Island address above. SO ORDERED. (Signed by Judge John G. Koeltl on 1/25/2023) (ks)
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Filing 5
AFFIRMATION OF SERVICE of Petition for Writ of Habeas Corpus, served on U.S. Dept. of Justice(Civil Div.); United States Attorney's Office, NY Field Office; Hon. A. Mayorkas; Warden, Orange County Corr. Center; ICE Headquarters; New York ERO, NYC Field Office on 1/12/23. Service was made by Mail. Document filed by Yulissa Alvarez on behalf of Antonio Moncion Rodriguez. (sc) Modified on 1/25/2023 (nb).
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Filing 4
NOTICE OF APPEARANCE by Joshua Samuel Press on behalf of Department of Homeland Security, Orange County Correctional Facility..(Press, Joshua)
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MAILING RECEIPT: Document No: 3. Mailed to: Antonio Moncion Rodriguez 220633653/042089638 Orange County Correctional Facility 110 Wells Farm Rd Goshen, NY 10924. (dsh)
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Filing 3
ORDER TO AMEND: The Court grants leave to file an amended petition for a writ of habeas corpus under 28 U.S.C. 2241, as specified above. The amended petition must be submitted to this Court's Pro Se Intake Unit within 60 days of the date of this order, be captioned as an "Amended Petition," and bear the same docket number as this order (1:23-CV-0242 (JGK)). An amended petition form is attached to this order, which should be completed as specified above. If this order is not complied with within the time allowed, and good cause cannot be shown to excuse such failure, the Court will deny the petition. Because there has been no substantial showing of a denial of a constitutional right, a certificate of appealability will not issue. See 28 U.S.C. 2253. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge John G. Koeltl on 1/19/2023) (ks)
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Filing 1
PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 10862) Document filed by Yulissa Alvarez on behalf of Antonio Moncion Rodriguez.(rdz) Modified on 1/25/2023 (nb).
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Case Designated ECF. (rdz)
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Magistrate Judge Stewart D. Aaron 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. (rdz)
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