Teran Rivera v. Searls et al
| Alejandro Mayorkas, Jeffrey Searls, Thomas E. Feeley and Merrick B Garland |
| Roberto Carlos Teran Rivera |
| 1:2021cv00402 |
| March 18, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Lawrence J Vilardo |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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| Filing 32 TEXT ORDER: Based on the unique facts of this case, and absent opposition from the government, the Court grants Teran Rivera's #18 Motion to Appoint Counsel, retroactive to March 16, 2021. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/27/2021. (KLH) |
| Filing 31 CLERKS CERTIFICATE filed and electronically sent to Court of Appeals re #29 DESIGNATION of Record on Appeal. (CGJ) |
| Filing 30 NOTICE by Roberto Carlos Teran Rivera re #28 Notice of Appeal Certificate That NO Transcript Will Be Ordered Pursuant to Fed R. Civ. Pr. Rule 10(b) (Jackson, Daniel) |
| Filing 29 DESIGNATION of Record on Appeal by Roberto Carlos Teran Rivera re #28 Notice of Appeal CLERK TO FOLLOW UP (Jackson, Daniel) |
| Filing 28 NOTICE OF APPEAL as to #27 Judgment, #26 Order on Motion to Dismiss/Lack of Jurisdiction, by Roberto Carlos Teran Rivera. Appeal Record due by 5/10/2021. Fee Status: No fee due, Pro Bono Attorney (Jackson, Daniel) Modified on 4/26/2021 (CGJ). |
| E-Filing Notification: re #28 . Modified to add fee status. (CGJ) |
| Filing 27 JUDGMENT in favor of Alejandro Mayorkas, Jeffrey Searls, Merrick B Garland, Thomas E. Feeley against Roberto Carlos Teran Rivera. Signed by Mary C. Loewenguth, Clerk of Court on 4/23/21. (SG) |
| Filing 26 DECISION AND ORDER dismissing this action for lack of subject matter jurisdiction. Respondents' Motion to Dismiss (Dkts. 12, 13) is granted. Teran Rivera's emergency motions (Dkts. 3, 4) are dismissed as moot. The Clerk of Court shall close this case. Signed by Hon. John L. Sinatra, Jr. on 4/22/2021. (KLH)-CLERK TO FOLLOW UP- |
| Filing 25 TEXT ORDER: The government's response to Teran Rivera's #18 Motion to Appoint Counsel, if any, is due by 4/26/2021. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/22/2021. (CMED) |
| Filing 24 REPLY/RESPONSE to re #19 Response to Habeas Petition, Sur-Reply and Incorporated Memorandum of Law filed by Roberto Carlos Teran Rivera. (Attachments: #1 Exhibit Exh 1 - Declaration of Heather Neufeld, Canadian Lawyer, #2 Exhibit Exh 2 - Declaration of Daniel Jackson, Enclosing Statement of Petitioner Roberto Carlos Teran Rivera)(Jackson, Daniel) |
| Filing 23 STATUS REPORT Joint Status Report by Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, Jeffrey Searls, Roberto Carlos Teran Rivera. (Jackson, Daniel) |
| Filing 22 REPLY/RESPONSE to re #20 Letter, 21 Text Order filed by Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, Jeffrey Searls. (Moar, Daniel) |
| Filing 21 TEXT ORDER granting #20 Letter request for a surreply. Teran Rivera shall file a surreply by 4/19/2021. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/16/2021. (CMED) |
| Filing 20 Letter filed by Roberto Carlos Teran Rivera as to Alejandro Mayorkas, Thomas E. Feeley, Jeffrey Searls, Merrick B Garland Joint Request for Leave for Petitioner to File Surreply By April 19, 2021 and Status Update. (Jackson, Daniel) |
| Filing 19 RESPONSE to #1 Petition for Writ of Habeas Corpus and Court Order (Doc. 17) by Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, Jeffrey Searls. (Attachments: #1 Declaration Kirk Braun, #2 Exhibit A, #3 Memorandum in Support Supplemental Memorandum)(Moar, Daniel) |
| Filing 18 MOTION to Appoint Counsel by Roberto Carlos Teran Rivera. (Attachments: #1 Memorandum in Support Memo of Law Regarding Legal Standards for CJA Assignment)(Jackson, Daniel) |
| Filing 17 Text Order: The government shall file a Reply by 4/14/2021 to address whether the Safe Third Country Agreement affects subject matter jurisdiction in this case. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/8/2021. (CMED) |
| Filing 16 RESPONSE in Opposition re #12 MOTION to Dismiss for Lack of Jurisdiction Memorandum in Response to Court Order filed by Roberto Carlos Teran Rivera. (Attachments: #1 Exhibit Exh 1 - Supplemental Declaration of Kate Webster)(Jackson, Daniel) |
| Filing 15 TEXT ORDER granting #14 unopposed request for an extension. Petitioner's response to Dkts. #12 , #13 is due by 4/7/2021. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 4/2/2021. (CMED) |
| Filing 14 Letter filed by Roberto Carlos Teran Rivera as to Alejandro Mayorkas, Thomas E. Feeley, Jeffrey Searls, Merrick B Garland Unopposed Request to Extend Petitioners Briefing Deadline (In ECF Doc 8) From April 2, 2021 to Wednesday, April 7, 2021. (Jackson, Daniel) |
| E-Filing Notification: Modified Document #13 to convert to MOTION to Dismiss, and Modified Document #12 to show as Memorandum in Response and not as a motion. (SG) |
| Filing 13 MOTION to DISMISS and RESPONSE to Motion for TRO Exhibit A (Hassan Motion to Dismiss) byThomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, Jeffrey Searls. (Moar, Daniel) Modified on 3/29/2021 to re-title and convert to pending motion (SG). |
| Filing 12 MEMORANDUM in Response to Court Order by Thomas E. Feeley, Merrick B Garland, Alejandro Mayorkas, Jeffrey Searls.(Moar, Daniel) Modified on 3/29/2021 to re-title and terminate as a motion (SG). |
| Filing 11 TEXT ORDER: Based on Petitioner's Letter (Dkt. 9), the Court holds Petitioner's emergency motions (Dkts. 3, 4) in abeyance pending its determination on subject matter jurisdiction. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 3/22/2021.(KLH) |
| Filing 10 NOTICE of Appearance by Daniel Barrie Moar on behalf of All Defendants (Moar, Daniel) |
| Filing 9 Letter filed by Roberto Carlos Teran Rivera as to Alejandro Mayorkas, Thomas E. Feeley, Jeffrey Searls, Merrick B Garland Status Update Regarding TRO, Motion to Expedite Consideration. (Jackson, Daniel) |
| Filing 8 TEXT ORDER: Petitioner shall file a status report as to the [3, 4] Motion for Temporary Restraining Order and Motion for Expedited Consideration of the Motion for Temporary Restraining Order by 5:00 p.m. on 3/22/2021. In addition, in light of this Court's decision in Hassan v. Feeley, et al., No. 21-cv-81, 2021 WL 395546 (W.D.N.Y. Feb. 4, 2021), the parties are ordered to address this Court's subject matter jurisdiction. The government's briefing on this issue is due by 3/26/2021. Petitioner's response is due by 4/2/2021. Issued by Hon. John L. Sinatra, Jr. on 3/19/2021. (CMED) |
| Case reassigned to Hon. John L. Sinatra, Jr.; Hon. Lawrence J. Vilardo no longer assigned to the case. (LB) |
Filing 7
Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Status Conference held on 3/18/2021. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court reviewed emails from Attorney Jackson and AUSA Fabian regarding whether this case should be considered as a "related" case to a case previously handled by Judge Vilardo, and be assigned directly to him. Following discussion with the parties, the Court determines this case is not related to Nduwimana v. Feeley, et al., 21-CV-90, and directs the Clerk's Office to reassign a District Judge to this case. AUSA Fabian contacted ICE and determined petitioner is not scheduled to be removed next week, but rather is scheduled to be removed 4/29/2021, and estimated his transfer from the detention facility in Batavia, NY to Louisiana to occur on or about 4/19/2021. Based on representations made by AUSA Fabian, Attorney Jackson advised time constraints no longer exist, and he will withdraw the Temporary Restraining Order. Appearances by AT&T Teleconference. For petitioner: Daniel E. Jackson and Sarah Telo Gillman. For respondents: AUSA John D. Fabian. (Court Reporter Ann M. Sawyer.)(CMD) CLERK TO FOLLOW UP
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Filing 6
TEXT ORDER. Status Conference set for 3/18/2021 at 4:30 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo's calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/18/2021. (CMD)
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| Filing 5 NOTICE of Appearance by Sarah Telo Gillman on behalf of Roberto Carlos Teran Rivera (Gillman, Sarah) |
| Filing 4 MOTION to Expedite Consideration of Motion for Temporary Restraining Order by Roberto Carlos Teran Rivera.(Jackson, Daniel) |
| Filing 3 MOTION for Temporary Restraining Order by Roberto Carlos Teran Rivera. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Jackson, Daniel) |
| Filing 2 CONTINUATION OF EXHIBITS to #1 Petition for Writ of Habeas Corpus Civil Cover Sheet. (Jackson, Daniel) |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Roberto Carlos Teran Rivera. (Attachments: #1 Exhibit Exh 1 - Declaration of Kate Webster)(Jackson, Daniel) |
| Notification to Chambers of on-line civil case opening. (JLV) |
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