Smith v. Garland et al
| Dwight Andrae Smith |
| Jeffrey Searls, Thomas Feeley, Merrick Garland and Alejandro Mayorkas |
| 6:2021cv06455 |
| June 21, 2021 |
| US District Court for the Western District of New York |
| Charles J Siragusa |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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Filing 3
NOTICE of Appearance by Adam A. Khalil on behalf of All Defendants (Khalil, Adam)
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Copy of #1 Petition for Writ of Habeas Corpus and #2 Order sent electronically via a regenerated Notice of Electronic Filing to the U.S. Attorney's Office, Western District of New York. (JHF)
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Filing 2
ORDER re #1 Petition for Writ of Habeas Corpus, filed by Dwight Andrae Smith. IT IS HEREBY ORDERED that within 45 days of the date of this Order, Respondents shall file and serve an answer responding to the allegations in the Petition; and it is further ORDERED that within 45 days of the date of this Order, Respondents shall file and serve, in addition to their answer, a memorandum of law addressing each of the issues raised in the Petition and including citations to supporting authority and applicable sections of the Immigration and Nationality Act; and it is further ORDERED that within 45 days of the date of this Order, instead of their answer, Respondents may file a motion to dismiss the Petition, accompanied by appropriate exhibits demonstrating that an answer to the Petition is unnecessary; and it is further ORDERED that Petitioner shall have 25 days after his receipt of the Respondents answer or motion to dismiss to file a written response; and it is further ORDERED that the Clerk of the Court shall serve a copy of the Petition, together with a copy of 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. Charles J. Siragusa on 7/8/21. (KAP)-CLERK TO FOLLOW UP- (Additional attachment(s) added on 7/9/2021: #1 Petition) (JHF).
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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. (TMK)
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Case Assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil case opening. (TMK)
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Filing 1
PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0209-4281253.), filed by Dwight Andrae Smith. (Attachments: #1 Civil Cover Sheet, #2 Exhibit DOCCS, Inmate Lookup, #3 Exhibit ICE, Detainee Locator, #4 Exhibit In re Smith, Not. to Appear, #5 Exhibit In re Smith, Resp't's Br. on Appeal)(Peng, John)
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