Cruz-Vazquez v. US Immigration and Customs Enforcement (ICE) et al
| Ricardo Cruz-Vazquez |
| US Immigration and Customs Enforcement (ICE), US Department of Homeland Security, Hon. Alejandro N. Mayorkas, Rebecca Gonzalez Ramos and Rebecca Gonzalez-Ramos |
| 3:2023cv01578 |
| November 16, 2023 |
| US District Court for the District of Puerto Rico |
| Raul M Arias-Marxuach |
| Hector L Ramos-Vega |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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This docket was last retrieved on March 7, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 BRIEF IN OPPOSITION TO AMENDED PETITION FOR EQUITABLE RELIEF AND MOTION TO DISMISS by Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE). (Attachments: #1 Exhibit A - SAC Rebecca Gonzalez Declaration, #2 Exhibit B - ICE Directive 30012.2 Disciplinary and Adverse Action issued on December 3, 2019, effective until October 2023, #3 Exhibit C - Second Urgent Motion to Dismiss, #4 Exhibit D - Email dated January 3, 2024, from SAC Rebecca Gonzalez to Jose Fagot, Esq., #5 Exhibit E - DHS Instruction 256-02-001 Administrative Grievance System) (Lopez-Rivera, Rafael) |
| Filing 22 MOTION for Leave to File Excess Pages filed by Rafael J. Lopez-Rivera on behalf of Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE) Responses due by 1/26/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Rivera, Rafael) |
| Filing 21 AMENDED ORDER holding in abeyance #18 Emergency MOTION for Setting; noting #16 INFORMATIVE Motion; finding as moot in part and denying in part #11 MOTION for Leave to File Document; noting #14 MOTION to Clarify; finding as moot #13 MOTION for Extension of Time. See Attached pdf Order. Defendants' answer or responsive pleading to amended complaint due 1/12/2024. Response/Reply to any motion due 1/16/24. Signed by US Magistrate Judge Hector L. Ramos-Vega on 1/4/2024. (Ramos-Vega, Hector) Modified docket text on 1/12/2024 (rim). |
Filing 20
ORDER holding in abeyance #18 Emergency MOTION for Setting; noting #16 INFORMATIVE Motion; finding as moot in part and denying in part #11 MOTION for Leave to File Document; noting #14 MOTION to Clarify; finding as moot #13 MOTION for Extension of Time. See Attached pdf. Defendants' answer or responsive pleading to amended complaint due 1/12/2024. Response/Reply to any motion due 1/16/24. Signed by US Magistrate Judge Hector L. Ramos-Vega on 1/4/2024. (Ramos-Vega, Hector)
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Filing 19
ORDER REFERRING CASE to Magistrate Judge: granting in part #18 Emergency Motion for Setting. The motions at CM/ECF #11 , #13 , #14 & #16 are referred to Magistrate Judge Hector Ramos-Vega for disposition. This case is referred to Magistrate Judge Ramos-Vega for all pre-trial management. Signed by Judge Raul M. Arias-Marxuach on 1/8/2024. (mrr)
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| Filing 18 Emergency MOTION for Setting of a Hearing and Plaintiff's Motion Reiterating his Prior Motions filed on December 19, 27 and 28, 2023 filed by Jose G. Fagot-Diaz on behalf of Ricardo Cruz-Vazquez Responses due by 1/18/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fagot-Diaz, Jose) |
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Filing 17
ORDER REFERRING Defendant's #10 MEMORANDUM in Opposition to Request for Equitable Relief and Motion to Dismiss to Magistrate Judge Hector L. Ramos-Vega for a report and recommendation. Signed by Judge Raul M. Arias-Marxuach on 1/2/2024.(gav)
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| Filing 16 INFORMATIVE Motion regarding Notice that Plaintiff's counsel will be outside of Jurisdiction Until January 8, 2024 and MOTION Request for Extension of Time filed by Jose G. Fagot-Diaz on behalf of All Plaintiffs Responses due by 1/12/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fagot-Diaz, Jose). Added Motion on 1/3/2024 (rim). |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Ricardo Cruz-Vazquez. (Attachments: #1 Affidavit Ricardo Cruz Vazquez' Unsworn Declaration Under Penalty of Perjury in Support of Amended Complaint dated December 28, 2023, #2 Exhibit Chain of Emails from Rebecca Gonzalez Ramos and Ricardo Cruz Vazquez from October 31, 2023 to November 7, 2023, #3 Exhibit Email from Ricardo Cruz Vazquez to Raul Crespo and Rebecca Gonzalez Ramos dated December 5, 2023, #4 Exhibit Performance Appraisal - Rating Summary and Calculation Sheet for Ricardo Cruz Vazquez with handwritten note by Plaintiff dated December 5, 2023, #5 Exhibit December 22, 2023 Letter from Rebecca Gonzalez Ramos to Ricardo Cruz Vazquez, #6 Exhibit HSI San Juan Organizational Chart publised by SAC Rebecca Gonzalez Ramos on December 27, 2023, #7 Exhibit Memorandum to all HSI San Juan Personnel from Special Agent in Charge Rebecca Gonzalez Ramos dated December 22, 2023)(Fagot-Diaz, Jose) |
| Filing 14 MOTION to Clarify Representations within Docket No. 13 filed by Rafael J. Lopez-Rivera on behalf of Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE) Responses due by 1/11/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Lopez-Rivera, Rafael) |
| Filing 13 MOTION for Extension of Time until January 16, 2024 to file RESPONSE TO OPPOSITION TO REQUEST FOR LEAVE TO CONDUCT DISCOVERY AND EXTENSION OF TIME TO FILE REPLY filed by Jose G. Fagot-Diaz on behalf of Ricardo Cruz-Vazquez Responses due by 1/10/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fagot-Diaz, Jose) Modified event type on 12/27/2023 (rim). |
| Filing 12 RESPONSE to Motion Opposing to Plaintiff's Request to Conduct Discovery and for an Extension of Time to Reply filed by Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE) Re: #11 MOTION for Leave to File Document Reply to Defendants Motion to Dismiss filed by Ricardo Cruz-Vazquez filed by Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE). (Lopez-Rivera, Rafael) |
| Filing 11 MOTION for Leave to File Document Reply to Defendants Motion to Dismiss filed by Jose G. Fagot-Diaz on behalf of Ricardo Cruz-Vazquez Responses due by 1/2/2024. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Fagot-Diaz, Jose) |
| Filing 10 MEMORANDUM in Opposition to Request for Equitable Relief and Motion to Dismiss filed by Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE) Re: #5 Order Referring Case to Magistrate Judge,,, Set Deadlines/Hearings,, #1 Complaint,,, filed by Ricardo Cruz-Vazquez filed by Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE). (Attachments: #1 Exhibit A - Declaration of Rebecca Gonzalez-Ramos)(Lopez-Rivera, Rafael) Modified event type on 1/2/2024 (rim). |
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Filing 9
ORDER granting #7 Motion for Extension of Time. Defendants shall plead or otherwise defend by December 18, 2023. Noted #8 Motion In Compliance. Signed by Judge Raul M. Arias-Marxuach on 12/7/2023. (mrr)
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| Filing 8 Joint Motion In Compliance as to #5 Order Referring Case to Magistrate Judge,,, Set Deadlines/Hearings,, filed by Rafael J. Lopez-Rivera on behalf of All Parties. Responses due by 12/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #5 ) (Lopez-Rivera, Rafael) Modified to add filer on 12/5/2023 (rim). |
| Filing 7 MOTION for Extension of Time until December 10, 2023 to File Answer to the Complaint and Respond to Request for a Preliminary Injunction and Mandamus re: #5 Order Referring Case to Magistrate Judge,,, Set Deadlines/Hearings,, filed by Rafael J. Lopez-Rivera on behalf of Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE) Responses due by 12/19/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #5 ) (Lopez-Rivera, Rafael) |
| Filing 6 NOTICE of Appearance and Informative Motion by Rafael J. Lopez-Rivera on behalf of Rebecca Gonzalez-Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE) (Lopez-Rivera, Rafael) |
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Filing 5
MEMORANDUM AND ORDER: For the reasons set forth in this Memorandum and Order, the Court denies the request for a Temporary Restraining Order (Docket No. #1 ) and sets deadlines for service of process upon Defendants and for them to respond to the Complaint. The case is referred to Magistrate Judge Hector L. Ramos-Vega for a report and recommendation on the pending request for preliminary injunction. Answer deadline due by 12/8/2023. Motion due by 12/11/2023. Signed by Judge Raul M. Arias-Marxuach on 12/1/2023. (mrr)
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| Filing 4 SUMMONS Returned Executed by Ricardo Cruz-Vazquez upon Rebecca Gonzalez-Ramos served on 11/27/2023, answer due 1/26/2024. (Fagot-Diaz, Jose) |
| Filing 3 Summons Issued as to Rebecca Gonzalez Ramos, Hon. Alejandro N. Mayorkas, US Department of Homeland Security, US Immigration and Customs Enforcement (ICE). Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (vrg) |
| Filing 2 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Raul M. Arias-Marxuach. (vrg) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402 receipt number APRDC-8450581.), filed by Ricardo Cruz-Vazquez. Service due by 2/14/2024, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Summons To be Issued for Attorney General United States, #4 Summons To be Issued for U.S. Department of Homeland Security, #5 Summons To be Issued for U.S. Immigration and Customs Enforcement (ICE), #6 Summons To be Issued for Hon. Alejando Mayorkas, Secretary Homeland Security, #7 Summons To be Issued for Hon. W. Stephen Muldrow, US Attorney District of Puerto Rico, #8 Summons To be Issued for Rebecca Gonzalez Ramos HSI San Juan Special Agent in Charge, #9 Affidavit Unsworn Declaration Under Penalty of Perjury of Plaintiff Ricard Cruz Vazquez, Special Agent in Charge, Exh. A. to the Complaint)(Fagot-Diaz, Jose) |
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