Samuel et al v. United States Department of Homeland Security et al
| Amos Jayeola Samuel, Odunayo Ekundayo, Benoy Thomas, Felipe Tahuilan, Deuri Alonso, Marco Tulio Abrego and Jose J. Flores |
| United States Department of Homeland Security, Immigration Customs Enforcement, Daniel W. Wyatt Detention Facility and United States Immigration and Customs Enforcement |
| 1:2021cv00430 |
| November 1, 2021 |
| US District Court for the District of Rhode Island |
| Mary S McElroy |
| Patricia A Sullivan |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on August 22, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 RESPONSE In Opposition to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction or in the alternative MOTION for Summary Judgment with respect to all claims raised in the Petition, and Response In Opposition to Motions for Temporary Restraining Order (ECF No. #3 ) and Preliminary Injunction (ECF No #4 ) filed by Marco Tulio Abrego, Benoy Thomas, Jose J. Flores, Odunayo Ekundayo, Amos Jayeola Samuel, Felipe Tahuilan, Deuri Alonso, Daniel W. Wyatt Detention Facility, Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Replies due by 1/5/2022. (Attachments: #1 Exhibit, #2 Envelope)(Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 13 MOTION for an Extension of Time to File Response/Reply as to #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and MOTION to Dismiss for Lack of Jurisdiction or in the alternative MOTION for Summary Judgment with respect to all claims raised in the Petition, and Response In Opposition to Motions for Temporary Restraining Order (ECF No. #3 ) and Preliminary Injunction (ECF No #4 ) filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. Responses due by 1/12/2022. (Attachments: #1 Proposed Response in opposition, #2 Proposed Exhibits in Support, #3 Envelope)(Kenny, Meghan) |
| Filing 12 NOTICE by Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement of Impending Execution of Order of Removal and of Release from Detention (Wong, Bethany) |
| Filing 11 NOTICE of Appearance by Bethany N. Wong on behalf of Daniel W. Wyatt Detention Facility, Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Wong, Bethany) |
| Filing 10 NOTICE by Daniel W. Wyatt Detention Facility, Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement Withdrawal of Appearance (Cunha, Zachary) |
| Filing 9 DECLARATION of Medical Information re: Vaccination Status by Daniel W. Wyatt Detention Facility, Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (DaCruz, Kayla) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 8 MOTION to Seal -Medical Information re: Vaccination Status Filed. Notice Sent To: Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Marco Tulio Abrego, Deuri Alonso, Daniel W. Wyatt Detention Facility, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. (Attachments: #1 Exhibit Declaration of Ronald LaBonte)(Cunha, Zachary) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, MOTION to Dismiss for Lack of Jurisdiction or in the alternative, MOTION for Summary Judgment with respect to all claims raised in the Petition, and Response In Opposition to Motions for Temporary Restraining Order (ECF No. #3 ) and Preliminary Injunction (ECF No #4 ) filed by Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Responses due by 12/20/2021. (Attachments: #1 Exhibit A- Declaration of Assistant Field Office Director David Wesling)(Cunha, Zachary) |
Text Order: The petitioners Motions to Appoint Counsel (ECF No. #6 ) is denied without prejudice. With no constitutional right to counsel in a civil case, DesRosiers v. Moran, 949 F.2d 15, 23 (1st. Cir. 1991), the Court should appoint only in exceptional circumstances, which are not present in this case at its present phase in that Petitioners appear to be well able to represent themselves. So Ordered by District Judge Mary S. McElroy on 11/30/2021. (Potter, Carrie)
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| Filing 6 MOTION to Appoint Counsel filed by Amos Jayeola Samuel. Responses due by 12/13/2021. (Attachments: #1 Envelope)(DaCruz, Kayla) |
| Filing 5 NOTICE by Immigration Customs Enforcement, United States Department of Homeland Security, United States Immigration and Customs Enforcement of impending execution of final order of removal as to Petitioner Benoy Thomas (Cunha, Zachary) |
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TEXT ORDER: The Government is directed to respond to #1 PETITION for Writ of Habeas Corpus on or before December 6, 2021. So Ordered by District Judge Mary S. McElroy on 11/5/2021. (Potter, Carrie)
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TEXT ORDER denying as moot #2 Motion for Leave to Proceed in forma pauperis. So Ordered by District Judge Mary S. McElroy on 11/4/2021. (Potter, Carrie)
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| New Case Filing Fee Paid $ 5.00, Receipt Number 14670025828 re #1 PETITION for Writ of Habeas Corpus filed by Deuri Alonso, Odunayo Ekundayo, Marco Tulio Abrego, Benoy Thomas, Amos Jayeola Samuel, Jose J. Flores, Felipe Tahuilan. (Kenny, Meghan) |
| Filing 4 MOTION for Preliminary Injunction filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. Responses due by 11/15/2021. (Kenny, Meghan) |
| Filing 4 MOTION for Preliminary Injunction filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. Responses due by 11/15/2021. (Kenny, Meghan) |
| Filing 3 MOTION for Temporary Restraining Order filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. (Kenny, Meghan) |
| Filing 3 MOTION for Temporary Restraining Order filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. (Kenny, Meghan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. (Kenny, Meghan) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Marco Tulio Abrego, Deuri Alonso, Odunayo Ekundayo, Jose J. Flores, Amos Jayeola Samuel, Felipe Tahuilan, Benoy Thomas. (Kenny, Meghan) |
| Filing 1 Petition for Writ of Habeas Corpus filed by Marco Tulio Abrego, Benoy Thomas, Jose J. Flores, Odunayo Ekundayo, Amos Jayeola Samuel, Felipe Tahuilan, Deuri Alonso. (Attachments: #1 Envelope)(Kenny, Meghan) Modified on 11/2/2021 to correct docket text (Kenny, Meghan). |
| Filing 1 COMPLAINT filed by Marco Tulio Abrego, Benoy Thomas, Jose J. Flores, Odunayo Ekundayo, Amos Jayeola Samuel, Felipe Tahuilan, Deuri Alonso. (Attachments: #1 Envelope)(Kenny, Meghan) |
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