Dominguez-Mejia v. Arteta et al
| Jose O Dominguez-Mejia and Jose Olvan Dominguez-Mejia |
| Paul Arteta, Kenneth Genalo, Secretary Alejandro Mayorkas and Alejandro Mayorkas |
| 1:2024cv00012 |
| January 2, 2024 |
| US District Court for the Southern District of New York |
| Jennifer L Rochon |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 in Habeas Corpus: INS |
| None |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
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Filing 9
STIPULATION AND ORDER OF DISMISSAL IT 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 14 days after the date of entry of the Courts 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, ICE 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, he or she must consider 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 an admission of liability or wrongdoing by the government, or a concession of any rights or arguments 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 Jennifer L. Rochon on 2/9/2024) (jca)
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| Filing 8 PROPOSED STIPULATION AND ORDER. Document filed by Paul Arteta, Kenneth Genalo, Alejandro Mayorkas..(Moran, Courtney) |
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Filing 7
ORDER granting #6 Letter Motion to Adjourn Conference. The conference scheduled for January 25, 2024, is adjourned without date. Respondents' Return and Opposition are due by February 8, 2024. Petitioner's Reply is due by February 20, 2024. SO ORDERED.. (Signed by Judge Jennifer L. Rochon on 1/22/2024) (jca)
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| Filing 6 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Jennifer L. Rochon from Courtney E. Moran dated January 22, 2024. Document filed by Paul Arteta, Kenneth Genalo, Alejandro Mayorkas..(Moran, Courtney) |
| Set/Reset Deadlines: Responses due by 2/8/2024 Replies due by 2/20/2024. (jca) |
| Filing 5 NOTICE OF APPEARANCE by Courtney Elizabeth Moran on behalf of Paul Arteta, Kenneth Genalo, Alejandro Mayorkas..(Moran, Courtney) |
| Filing 4 AFFIDAVIT OF SERVICE of Writ of Habeas Corpus served on Paul Arteta, Et Al. on January 5, 2024. Service was accepted by Derick Mayers, Civil Clerk. Document filed by Jose Olvan Dominguez-Mejia..(Relles, Craig) |
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Filing 3
NOTICE OF CONFERENCE This case has been assigned to me for all purposes.All counsel are required to register promptly as filing users on ECF. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Within two days of this Order, Petitioner's counsel is directed (1) to serve Respondents with a copy of the petition and accompanying papers, along with a copy of this Order, by overnight mail, and (2) to promptly file proof of such service on the docket. Counsel for Respondents shall promptly enter notices of appearance. (And as further set forth herein.) SO ORDERED. (Status Conference set for 1/25/2024 at 11:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 1/4/2024) (jca)
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| Filing 2 CIVIL COVER SHEET filed..(Relles, Craig) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Craig Relles. The party information for the following party/parties has been modified: Jose O Dominguez-Mejia, Paul Arteta, Kenneth Genalo, Alejandro Mayorkas. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; party name entered incorrectly. (vf) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Craig Relles. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(vf) |
| Magistrate Judge Robert W. Lehrburger is designated to handle matters that may be referred in this case. 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-28758094)Document filed by Jose O Dominguez-Mejia. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit List, #3 Exhibit Notice to Appear, #4 Exhibit IJ Decision, #5 Exhibit BIA Decision, #6 Exhibit 2d Cir. Docket Sheet).(Relles, Craig) |
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