Granados Hernandez v. McAleenan et al
Petitioner: Oscar Javier Granados Hernandez
Respondent: Matthew Albence, Attorney General William P. Barr, Kevin K. McAleenan, Acting Secretary of DHS, Warden Ronald Edwards, Director Thomas Decker, Thomas Decker, Ron Edwards, William P. Barr and Kevin K. McAleenan
Case Number: 7:2019cv07321
Filed: August 6, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Cathy Seibel
Nature of Suit: Habeas Corpus (General)
Cause of Action: 28 U.S.C. § 2241 in
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2019 Opinion or Order Filing 15 MEMO ENDORSEMENT on #14 First Letter denying without prejudice to renewal #8 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: That is fine. For administrative reasons I will deny the motion to dismiss without prejudice to renewal. (Should the Government wish to renew, it need only re-file the notice of motion and I will deem all the other papers re-filed.) Just so we do not lose track of the case, the parties shall submit a joint status update letter by September 23, 2019, if the case has not been discontinued by that time. SO ORDERED. (Signed by Judge Cathy Seibel on 8/21/2019) (mml)
August 20, 2019 Filing 14 FIRST LETTER addressed to Judge Cathy Seibel from Christopher Worth dated August 20, 2019 re: Case Status, Withdrawal of Motion for Emergency Stay, and Request to Hold in Abeyance Motion to Dismiss. Document filed by Oscar Javier Granados Hernandez.(Worth, Christopher)
August 19, 2019 Opinion or Order Filing 13 ORDER: Accordingly, there is no longer a pressing need for emergency relief. The Court therefore declines to rule on these pending matters and will instead leave them for the assigned district judge to adjudicate. (Signed by Judge Jed S. Rakoff on 8/16/2019) (ne)
August 16, 2019 Filing 12 SECOND REPLY MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss for Lack of Jurisdiction . including Table of Authorities pursuant to Judge Rakoff's Individual Rule of Practice 2(d), with changes from the FIRST REPLY MEMORANDUM as follows (a) typographical error corrections, and (b) one substantive change to the text at page 5, line 18, clarifying that Judge Conroy asked zero substantive questions of the petitioner about his claimed fear, rather than asking zero substantive questions of the petitioner or his counsel about the petitioners claimed fear. Document filed by Oscar Javier Granados Hernandez. (Attachments: #1 Affidavit Second Attorney Affirmation (Exhibit R))(Worth, Christopher)
August 16, 2019 Filing 11 FIRST MEMORANDUM OF LAW in Opposition re: #8 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Oscar Javier Granados Hernandez. (Attachments: #1 Exhibit Exhibit R)(Worth, Christopher)
August 13, 2019 Filing 10 DECLARATION of Deportation Officer Joseph Pujol in Support re: #8 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (Attachments: #1 Exhibit A - Prior Removal Order Documents, #2 Exhibit B - IJ Reasonable Fear Determination Order)(Waterman, Brandon)
August 13, 2019 Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (Waterman, Brandon)
August 13, 2019 Filing 8 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan.(Waterman, Brandon)
August 13, 2019 Filing 7 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (Waterman, Brandon)
August 7, 2019 Filing 6 ELECTRONIC SUMMONS ISSUED as to Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (jgo)
August 7, 2019 Case Designated ECF. (jgo)
August 7, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Charles Worth re: Document No. #1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party U.S. Department of Homeland Security. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
August 7, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Charles Worth. The party information for the following party/parties has been modified: Kevin K. McAleenan; Thomas Decker; Matthew Albence; William P. Barr; Ronald Edwards. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
August 7, 2019 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Charles Worth. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
August 7, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (jgo)
August 7, 2019 Magistrate Judge Judith C. McCarthy 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: #http://nysd.uscourts.gov/forms.php. (jgo)
August 6, 2019 Filing 5 AFFIDAVIT OF SERVICE of notice of appearance, summons and summons rider, Petition for a Writ of Habeas Corpus under 28 USC 2241 and supporting exhibits A P, and civil cover sheet served on GEOFFREY S. BERMAN on 08/06/2019. Service was accepted by N/A. Service was made by MAIL. Document filed by Oscar Javier Granados Hernandez. (Worth, Christopher)
August 6, 2019 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, Thomas Decker, Matthew Albence, William P. Barr, Ron Edwards, re: #1 Petition for Writ of Habeas Corpus,,. Document filed by Oscar Javier Granados Hernandez. (Worth, Christopher)
August 6, 2019 Filing 3 CIVIL COVER SHEET filed. (Worth, Christopher)
August 6, 2019 Filing 2 NOTICE OF APPEARANCE by Christopher Charles Worth on behalf of Oscar Javier Granados Hernandez. (Worth, Christopher)
August 6, 2019 Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17380987)Document filed by Oscar Javier Granados Hernandez. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P)(Worth, Christopher)

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Respondent: Matthew Albence
Represented By: Brandon Matthew Waterman
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Respondent: Attorney General William P. Barr
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Respondent: Kevin K. McAleenan, Acting Secretary of DHS
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Respondent: Warden Ronald Edwards
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Respondent: Director Thomas Decker
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Respondent: Thomas Decker
Represented By: Brandon Matthew Waterman
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Respondent: Ron Edwards
Represented By: Brandon Matthew Waterman
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Respondent: William P. Barr
Represented By: Brandon Matthew Waterman
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Respondent: Kevin K. McAleenan
Represented By: Brandon Matthew Waterman
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Petitioner: Oscar Javier Granados Hernandez
Represented By: Christopher Charles Worth
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