Brito v. Mayorkas et al
| Jose A. Brito |
| Alejandro Mayorkas and Buffalo Federal Detention Facility |
| 1:2021cv01077 |
| October 1, 2021 |
| US District Court for the Western District of New York |
| John L Sinatra |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 RESPONSE to #3 Petition for Writ of Habeas Corpus by Buffalo Federal Detention Facility, Alejandro Mayorkas. (Attachments: #1 Declaration of Deportation Officer Jon Klaybor, #2 Exhibit A to Klaybor Declaration, #3 Memorandum of Law in Opposition to Petition)(Khalil, Adam) |
| Filing 20 Mail Returned as Undeliverable: 19 Order on Motion for Extension of Time to File Response/Reply, sent to Owolabi M. Salis. (KLH) |
| Filing 19 TEXT ORDER granting #16 Motion for Extension of Time to File Response/Reply. In light of this extension, Petitioner shall reply to Respondents' opposition to the motion for a writ of mandamus (Dkt. 15) within two days of receiving the opposition. SO ORDERED. Issued by Hon. John L. Sinatra, Jr. on 10/20/2021. (KEF) Chambers mailed a copy of this text order to counsel for Petitioner at the address of record. |
| Filing 18 CERTIFICATE OF SERVICE by Buffalo Federal Detention Facility, Alejandro Mayorkas re #16 MOTION for Extension of Time to File Response/Reply as to #11 Order,,, (Khalil, Adam) |
| Filing 17 CERTIFICATE OF SERVICE by Buffalo Federal Detention Facility, Alejandro Mayorkas re #15 Memorandum in Opposition to Motion (Khalil, Adam) |
| Filing 16 MOTION for Extension of Time to File Response/Reply as to #11 Order,,, by Buffalo Federal Detention Facility, Alejandro Mayorkas. (Attachments: #1 Memorandum in Support)(Khalil, Adam) |
| Filing 15 MEMORANDUM in Opposition re #6 motion for writ of mandamus filed by Buffalo Federal Detention Facility, Alejandro Mayorkas. (Khalil, Adam) |
| E-Filing Notification: Document filed in wrong case. Disregard docket entry. #13 MEMORANDUM in Opposition re #6 filed by Buffalo Federal Detention Facility, Alejandro Mayorkas. (Khalil, Adam) (JLV) |
| Filing 14 Mail Returned as Undeliverable. Admission Verification Requested sent to Owolabi M. Salis. Papers and Doc. No. #11 Order re-mailed to attorney at Salis Law, 1179 Eastern Parkway, Brooklyn, NY 11213. (JLV) |
| Filing 13 MEMORANDUM in Opposition re #6 filed by Buffalo Federal Detention Facility, Alejandro Mayorkas. (Khalil, Adam) |
| Filing 12 NOTICE of Appearance by Adam A. Khalil on behalf of All Defendants (Khalil, Adam) |
Filing 11
ORDER that within 8 days of the date of this order, on or before October 12, 2021, Respondents shall file and serve a response to Petitioner's motion for a writ of mandamus and for release; that Petitioner shall have until October 14, 2021, to file a written reply; that within 45 days of the date of this Order, Respondents shall file and serve an answer and memorandum of law or a motion to dismiss; Petitioner shall have 25 days upon receipt of the answer or motion to dismiss to file a written response; the Clerk of Court shall serve a copy of the petition and this order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. Signed by Hon. John L. Sinatra, Jr. on 10/4/2021. (Attachments: #1 Petition)(JLV) Copy mailed to attorney, Owolabi M Salis.
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| Filing 10 Case transferred in from District of New York Southern; Case Number 1:21-cv-07520. |
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Filing 9
ORDER denying #6 Motion for Writ of Mandamus. The Court lacks jurisdiction over this improperly venued habeas petition. The plaintiff is incarcerated in Buffalo. This action is hereby sua sponte transferred to he Western District of New York, where the emergency motion for release can be heard promptly.. (Signed by Judge Colleen McMahon on 9/30/2021) (kv) [Transferred from nysd on 10/1/2021.]
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| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Western District of New York.(kv) [Transferred from nysd on 10/1/2021.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (CGJ) |
| Filing 8 LETTER MOTION to Expedite consideration of the government's objection to venue addressed to Judge Colleen McMahon from AUSA Michael J. Byars dated September 29, 2021. Document filed by Buffalo Federal Detention Facility, Alejandro Mayorkas..(Byars, Michael) [Transferred from nysd on 10/1/2021.] |
| Filing 7 NOTICE OF APPEARANCE by Michael James Byars on behalf of Buffalo Federal Detention Facility, Alejandro Mayorkas..(Byars, Michael) [Transferred from nysd on 10/1/2021.] |
| Filing 6 FIRST MOTION for Writ of Mandamus as to ALEJANDRO ET AL . Document filed by Jose A. Brito. (Attachments: #1 Exhibit NOTICE OF APPEAL TO SECOND CIRCUIRT, #2 Exhibit MOTION TO VACATE CONVICTION, #3 Exhibit EXHIBITS TO MOTION TO VACATE CONVICTION, #4 Exhibit ORDER ON MOTION TO VACATE).(Salis, Owolabi) [Transferred from nysd on 10/1/2021.] |
| Filing 5 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus served. All Defendants. Service was made by MAIL. Document filed by Jose A. Brito..(Salis, Owolabi) [Transferred from nysd on 10/1/2021.] |
| Filing 4 CIVIL COVER SHEET filed..(Salis, Owolabi) [Transferred from nysd on 10/1/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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..(gp) [Transferred from nysd on 10/1/2021.] |
| Magistrate Judge Sarah Netburn 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. (gp) [Transferred from nysd on 10/1/2021.] |
| Case Designated ECF. (gp) [Transferred from nysd on 10/1/2021.] |
| Filing 3 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25067309)Document filed by Jose A. Brito..(Salis, Owolabi) [Transferred from nysd on 10/1/2021.] |
| Filing 2 CERTIFICATE OF SERVICE of Summons and Petition for Writ of Habeas Corpus, served. All Defendants. Service was made by MAIL. Document filed by Jose A. Brito..(Salis, Owolabi) [Transferred from nysd on 10/1/2021.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Owolabi M Salis. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) [Transferred from nysd on 10/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Owolabi M Salis. The party information for the following party/parties has been modified: Jose A. Brito, Director Alejandro Mayorkas, Buffalo Detention Facility. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly;. (pc) [Transferred from nysd on 10/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Owolabi M Salis. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (pc) [Transferred from nysd on 10/1/2021.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Owolabi M Salis to RE-FILE Document No. #1 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Plaintiff information does not match. Re-file the pleading using the event type Petition for Writ of Habeas Corpus found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 9/14/2021. (pc) [Transferred from nysd on 10/1/2021.] |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-25035331)Document filed by Jose A. Brito..(Salis, Owolabi) Modified on 9/9/2021 (pc). [Transferred from nysd on 10/1/2021.] |
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