A.S.D. v. Decker et al
| A.S.D. |
| Thomas Decker, Carl E. DuBois and Chad Wolf |
| 7:2020cv03118 |
| April 18, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Philip M Halpern |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 fd |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 35 CLERK'S JUDGMENT re: #34 Memorandum & Opinion. in favor of Carl E. DuBois, Chad Wolf, Thomas Decker against A.S.D. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 26, 2020, Petitioner's motion for a preliminary injunction is denied and Petitioner's habeas petition is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/27/2020) (Attachments: #1 Notice of Right to Appeal) (dt) |
Filing 34
OPINION AND ORDER re: #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19). filed by A.S.D.. Based on the foregoing, Petitioner's motion for a preliminary injunction is DENIED and Petitioner's habeas petition is DISMISSED. The Clerk is instructed to terminate this proceeding. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/26/2020) (ks) Transmission to Orders and Judgments Clerk for processing.
|
| Minute Entry for proceedings held before Judge Philip M. Halpern: Oral Argument held on 5/20/2020 re: #1 Petition for Writ of Habeas Corpus and #2 Emergency Motion for Preliminary Injunction. All counsel appeared by telephone. A written decision is forthcoming. (Court Reporter Eve Giniger)(bk) |
| Filing 33 PROPOSED ORDER. Document filed by A.S.D...(Nubani, Ashraf) Proposed Order to be reviewed by Clerk's Office staff. |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 AMENDED MOTION for Stanley Lewis Cohen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing - noted in affidavit; missing Proposed Order; affidavit not notarized. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq) |
| Filing 32 LETTER addressed to Judge Philip M. Halpern from Hassan M. Ahmad dated 05/19/2020 re: Supplemental Evidence - Medical Records. Document filed by A.S.D.. (Attachments: #1 Exhibit Petitioner's Medical Records).(Ahmad, Hassan) |
| Filing 31 AMENDED MOTION for Stanley Lewis Cohen to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.S.D.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit pro hac vice of Stanley Cohen).(Nubani, Ashraf) |
|
Filing 30
MEMO ENDORSEMENT on re: #29 LETTER addressed to Judge Philip M. Halpern from Ashraf Nubani, Hassan Ahmad dated 05/13/2020 re: Discretionary request to admit Stanley Cohen pro hac vice for 5/20/20 telecon. Document filed by A.S.D. ENDORSEMENT: Application denied. Mr. Cohen has not complied with the requirements of Rule 1.3 of the Local Civil Rules for the Southern District of New York. So ordered. (Signed by Judge Philip M. Halpern on 5/18/2020) (rjm)
|
| Filing 29 LETTER addressed to Judge Philip M. Halpern from Ashraf Nubani, Hassan Ahmad dated 05/13/2020 re: Discretionary request to admit Stanley Cohen pro hac vice for 5/20/20 telecon. Document filed by A.S.D...(Ahmad, Hassan) |
|
Filing 28
MEMO ENDORSEMENT on re: #27 Letter filed by A.S.D.. ENDORSEMENT: The Court shall hold a telephonic conference on May 20, 2020 at 3:30 p.m. At the time of the scheduled conference, all counsel shall call: (888) 398-2342; access code 3456831. While the Court has no objection to Mr. Cohen calling into the conference at that time, Mr. Cohen cannot participate in the conference as Mr. Cohen is not admitted pro hac vice in this case or otherwise admitted to practice law in the Southern District of New York. SO ORDERED. (Signed by Judge Philip M. Halpern on 5/13/2020) ( Telephone Conference set for 5/20/2020 at 03:30 PM before Judge Philip M. Halpern.) (ks)
|
| Filing 27 LETTER addressed to Judge Philip M. Halpern from Hassan M. Ahmad dated 05/13/2020 re: Request rescheduling of teleconference. Document filed by A.S.D...(Ahmad, Hassan) |
|
Filing 26
SCHEDULING ORDER: On May 5, 2020, the Court issued an Order in this action scheduling a telephonic conference for May 11, 2020. (Dkt. #23). The matter having been reassigned, that Order is now WITHDRAWN, and the scheduled conference is ADJOURNED sine die. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/7/20) (yv)
|
| Filing 25 LETTER addressed to Judge Katherine Polk Failla from Hassan M. Ahmad dated 05/06/2020 re: requesting participation of Stanley Cohen, Esq. in 5/11 conference. Document filed by A.S.D...(Ahmad, Hassan) |
| Magistrate Judge Judith C. McCarthy is so redesignated. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Katherine Polk Failla is no longer assigned to the case. (ad) |
| Filing 24 LETTER addressed to Judge Katherine Polk Failla from Hassan M. Ahmad dated 05/05/2020 re: response to Government's updated declaration. Document filed by A.S.D...(Ahmad, Hassan) |
|
Filing 23
***WITHDRAWN DOCUMENT. Withdrawn document number #23 from the case record. The document was withdrawn from this case pursuant to #26 Order . (yv) SCHEDULING ORDER: The Court has carefully considered the parties' submissions and wishes to resolve the matter. Accordingly, the Court ORDERS the parties to appear for a telephonic conference on May 11, 2020, at 2:00 p.m. The dial-in information is as follows: At 2:00 p.m. the parties shall call (888) 363-4749 and enter access code 5123533. Please note, the conference will not be available prior to 2:00 p.m. SO ORDERED. (Telephone Conference set for 5/11/2020 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/5/2020) (rro) Modified on 5/7/2020 (yv).
|
| Filing 22 LETTER addressed to Judge Katherine Polk Failla from Brandon M. Waterman dated May 5, 2020 re: The government's submission of an updated declaration concerning the most up-to-date measures the Orange County Jail has taken in response to the COVID-19 pandemic, and an update on the health of detainees and staff at the facility. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf. (Attachments: #1 Declaration of Colonel Anthony Mele of the Orange County Sheriff's Office).(Waterman, Brandon) |
| Filing 21 OPPOSITION BRIEF re: #18 Response, #19 Memorandum of Law in Opposition, to Government Motion to Dismiss. Document filed by A.S.D...(Ahmad, Hassan) |
| Filing 20 LETTER addressed to Judge Katherine Polk Failla from Brandon M. Waterman dated April 29, 2020 re: Entry of the Immigration Judge's Final Order. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf. (Attachments: #1 IJ Final Order).(Waterman, Brandon) |
| Filing 19 MEMORANDUM OF LAW in Opposition re: #1 Petition for Writ of Habeas Corpus, #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19). . Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
| Filing 18 RESPONSE re: #1 Petition for Writ of Habeas Corpus, #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19). ("Gov't Return"). Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf. (Attachments: #1 Exhibit A - Petitioner's Medical Records (under seal), #2 Exhibit B - Transcript Excerpt, #3 Exhibit C - ICE Memo on COVID-19 Detained Docket Review).(Waterman, Brandon) |
| Filing 17 ***SELECTED PARTIES*** LETTER addressed to Judge Katherine Polk Failla from Brandon M. Waterman dated April 27, 2020 re: Under Seal Submission of Gov't Return Ex. A - Petitioner's Medical Records. Document filed by Carl E. DuBois, A.S.D., Chad Wolf, Thomas Decker. (Attachments: #1 Gov't Return, Ex. A - Medical Records)Motion or Order to File Under Seal: #12 .(Waterman, Brandon) |
| Filing 16 DECLARATION of Captain Jennifer Moon (filed in Velesaca v. Wolf) in Opposition re: #1 Petition for Writ of Habeas Corpus, #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19).. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
| Filing 15 DECLARATION of Captain Lawrence Catletti in Opposition re: #1 Petition for Writ of Habeas Corpus, #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19).. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
| Filing 14 DECLARATION of Supervisory Detention and Deportation Officer Thomas Flynn in Opposition re: #1 Petition for Writ of Habeas Corpus, #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19).. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
| Filing 13 DECLARATION of Deportation Officer Jason Mascia in Opposition re: #1 Petition for Writ of Habeas Corpus, #2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19).. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
|
Filing 12
ORDER granting #11 Letter Motion to Seal. Application GRANTED. The Government is permitted to electronically file under seal information relating to Petitioner's medical condition. The documents shall be filed as viewable to the Court and parties only. (Signed by Judge Katherine Polk Failla on 4/27/2020) (rro)
|
| Filing 11 CONSENT LETTER MOTION to Seal Petitioner's Medical Records from the Orange County Jail addressed to Judge Katherine Polk Failla from Brandon M. Waterman dated April 27, 2020. Document filed by Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
| Filing 10 LETTER addressed to Judge Katherine Polk Failla from Hassan M. Ahmad dated 04/24/2020 re: Background checks complete; CAT grant final. Document filed by A.S.D...(Ahmad, Hassan) |
| Filing 9 NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Carl E. DuBois, Chad Wolf..(Waterman, Brandon) |
| Filing 8 CERTIFICATE OF SERVICE of Petition for Writ of Habeas Corpus, Motion for TRO served on Thomas Decker, Chad Wolfe, Carl DuBois on 4/21/2020. Document filed by A.S.D...(Ahmad, Hassan) |
|
Filing 7
ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for Hassan M. Ahmad to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 4/22/2020) (rro)
|
| Filing 6 MOTION for Hassan Minhaj Ahmad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19523010. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A.S.D.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit for Pro Hac Vice, #3 Text of Proposed Order Proposed Order).(Nubani, Ashraf) |
|
Filing 5
ORDER TO SHOW CAUSE: Upon consideration of the Memorandum of Law, and the Petition for Writ of HabeasCorpus, pursuant to Rule 65 of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that: Respondents-Defendants must file a return on the Order to Show Cause why the Petition for Writ of Habeas Corpus and preliminary injunction should not be granted by 4/27/2020. Petitioner shall have the opportunity to reply by 5/1/2020. Further relief as the Court may find appropriate. Service of this Order shall be effected electronically by Petitioner on the United States Attorney for the Southern District of New York by 5:00 p.m. on April 22, 2020, and shall be deemed good and sufficient service thereof. (Signed by Judge Katherine Polk Failla on 4/21/2020) (rro)
|
| Filing 4 LETTER addressed to Judge Katherine Polk Failla from Ashraf Nubani dated 04/20/2020 re: Update on Condition of Petitioner. Document filed by A.S.D...(Nubani, Ashraf) |
| Filing 3 CIVIL COVER SHEET filed..(Nubani, Ashraf) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Hassan Minhaj Ahmad to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19523010. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Ashraf Wajih Nubani to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ashraf Wajih Nubani. The party information for the following party/parties has been modified: Adam Dzhabrailov, Thomas R. Decker, Acting Sec. of DHS Chad Wolf, Carl E. DuBois. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| ***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Ashraf Wajih Nubani. Civil Case Opening Fee of $5 Due: for #1 Petition for Writ of Habeas Corpus,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 4/27/2020..(pc) |
| Case Designated ECF. (pc) |
| Filing 2 EMERGENCY MOTION for Preliminary Injunction (Telephonic Hearing Requested Due To COVID-19). Document filed by Adam Dzhabrailov. Return Date set for 5/4/2020 at 07:00 PM. (Attachments: #1 Text of Proposed Order Proposed Order).(Nubani, Ashraf) |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. Document filed by Adam Dzhabrailov. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Affidavit of Stanley L. Cohen, Esq., #3 Exhibit Bond Redermination Package to IJ, #4 Exhibit Bond Package before IJ (Orig)).(Nubani, Ashraf) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
