A.H. et al v. Al Cannon et al
Petitioner: Mohammad Abdul Khalik and A.H.
Respondent: J. Al Cannon, Jr., Alex M. Azar, II and Kirstjen Nielsen
Case Number: 2:2019cv00483
Filed: February 19, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Mary Gordon Baker
Referring Judge: Bruce Howe Hendricks
2 Judge: Bristow Marchant
3 Judge: David C Norton
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2019 Opinion or Order Filing 42 ORDER denying (32) Motion to Dismiss in case 2:19-cv-00483-DCN-MGB; denying (29) Motion to Dismiss in case 2:19-cv-00482-DCN-MGB. Signed by Honorable David C Norton on 4/19/2019. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, )
April 17, 2019 Filing 41 REPLY to Response to Motion re (29 in 2:19-cv-00482-DCN-MGB, 32 in 2:19-cv-00483-DCN-MGB) MOTION to Dismiss Response filed by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Modica, Matthew)
April 16, 2019 Filing 40 TEXT ORDER granting #39 Motion for Extension of Time. Entered at the direction of Magistrate Judge Mary Gordon Baker on 04/16/2019.(hada, )
April 15, 2019 Filing 39 Consent MOTION for Extension of Time for Petitioners to Respond to Respondents' Motion to Preclude Expert Testimony by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child. Response to Motion due by 4/29/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Banias, Bradley)
April 12, 2019 Filing 38 RESPONSE in Opposition re (32 in 2:19-cv-00483-DCN-MGB) MOTION to Dismiss Response filed by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child.Reply to Response to Motion due by 4/19/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Banias, Bradley)
April 12, 2019 Filing 37 NOTICE of Hearing on Motion (33 in 2:19-cv-00482-DCN-MGB, 36 in 2:19-cv-00483-DCN-MGB) MOTION to Enforce Judgment /Settlement MOTION for Attorney Fees : Motion Hearing set for Friday, 4/26/2019 at 10:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, )
April 10, 2019 Filing 36 MOTION to Enforce Judgment /Settlement, MOTION for Attorney Fees ( Response to Motion due by 4/24/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child. (Attachments: #1 Memo in Support, #2 Exhibit A: Respondents' Offer, #3 Exhibit B: Petitioners' Acceptance, #4 Exhibit C: Respondents' Email to Court, #5 Exhibit D: Court's April 1 Email, #6 Exhibit E: April 5 Email, #7 Exhibit F: April 10 Email)No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Banias, Bradley)
April 1, 2019 Filing 35 NOTICE of Cancellation of Hearings: Evidentiary Hearing set for Tuesday, 4/2/2019 at 11:30 AM and In Camera Hearing set for 4/4/2019 at 9:00 AM Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, )
April 1, 2019 Filing 34 Additional Attachments to Main Document (33 in 2:19-cv-00483-DCN-MGB) MOTION to Preclude Expert Testimony of Robert Condy, Esq. . First attachment description: Notice of Electronic Filing . (Attachments: #1 Exhibit 1, Expert Report)Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Modica, Matthew)
April 1, 2019 Filing 33 MOTION to Preclude Expert Testimony of Robert Condy, Esq. by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 4/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Modica, Matthew) Modified to add link to #34 Additional Attachments on 4/2/2019 (hada, ).
April 1, 2019 Filing 32 MOTION to Dismiss by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 4/15/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1, S.R. Order of Release, #2 Exhibit 2, A.H. Order of Release)No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Modica, Matthew)
April 1, 2019 Filing 31 STATUS REPORT by A.H., Mohammad Abdul Khalik, Mohammed Nuruzzaman, S.R., minor child. (Attachments: #1 Exhibit A: S.R. Bond Documents, #2 Exhibit B: A.H. Bond Documents)Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Banias, Bradley)
March 29, 2019 Filing 30 RESPONSE in Opposition re #29 MOTION to Preclude Testimony of Robert Condy, Esq. Response filed by A.H., Mohammad Abdul Khalik.Reply to Response to Motion due by 4/5/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A: Expert Report)(Banias, Bradley)
March 28, 2019 Filing 29 MOTION to Preclude Testimony of Robert Condy, Esq. by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen, Alex M Azar, II, J Al Cannon, Jr, Kirstjen Nielsen, Sheriff Al Cannon Detention Center. Response to Motion due by 4/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGBMotions referred to Mary Gordon Baker.(Modica, Matthew)
March 28, 2019 Filing 28 NOTICE of Hearing: Evidentiary Hearing set for Tuesday, 4/2/2019 at 11:30 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(jbry, )
March 22, 2019 Filing 25 REPLY by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen to Petitioners' Traverse to Respondents' Motion to Dismiss Petition for Writ of Habeas Corpus. (Modica, Matthew)
March 15, 2019 Filing 24 Sealed Document in re document (18 in 2:19-cv-00482-DCN-MGB). (Attachments: #1 Exhibit CR Part 1, #2 Exhibit CR Part 2)Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(Banias, Bradley)
March 14, 2019 Filing 23 Minute Entry. Proceedings held before Honorable David C Norton: Status Conference held on 3/14/2019. Discussions with the Court regarding where things stand in the cases as of now and the underlying issues. Court Reporter Debbie Potocki. Associated Cases: 2:19-cv-00482-DCN-MGB, 2:19-cv-00483-DCN-MGB(cmur, )
March 13, 2019 Filing 21 TEXT ORDER granting #14 Motion to Consolidate Cases. Entered at the direction of Honorable Bruce Howe Hendricks on 03/13/2019. (egra, )
March 13, 2019 Filing 20 Sealed Document in re document #14 . (Modica, Matthew)
March 12, 2019 Filing 19 NOTICE of Hearing: Status Conference set for Thursday, 3/14/2019 at 2:30 PM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C. Norton. (jbry, )
March 11, 2019 Filing 18 TEXT ORDER shortening the time in which to respond to #14 Motion to Consolidate Cases. Respondents are directed to file their written opposition, if any, to Petitioner's #14 Motion to Consolidate Cases no later than close of business on Friday, March 15, 2019. If no response is filed by that time, the Court will rule on the #14 Motion to Consolidate Cases without further delay. Entered at the direction of Honorable Bruce Howe Hendricks on 03/11/2019. (egra, )
March 11, 2019 Filing 17 SEALED MOTION by J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen. Response to Motion due by 3/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1-Declaration of Dennis Yara, #2 Tabs A, B, and C to Exhibit 1, #3 Exhibit 2-Declaration of Sudi Rogers, #4 Exhibit 3-Notice to Appear-AH, #5 Exhibit 4-Operating Policies and Procedures Memorandum)No proposed order.Motions referred to Bristow Marchant.(Modica, Matthew) (Main Document 17 replaced on 3/14/2019) (egra, ). Modified on 3/14/2019 to replace with unredacted version as provided by filing user (egra, ).
March 7, 2019 Filing 16 TEXT ORDER granting #12 Motion to Seal. Entered at the direction of Honorable Bruce Howe Hendricks on 03/07/2019.(hada, )
March 7, 2019 Filing 15 MOTION for Hearing and a Writ of Habeas Ad Testificandum by A.H., Mohammad Abdul Khalik. Response to Motion due by 3/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Bristow Marchant.(Banias, Bradley)
March 7, 2019 Filing 14 MOTION to Consolidate Cases by A.H., Mohammad Abdul Khalik. Response to Motion due by 3/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Bristow Marchant.(Banias, Bradley)
March 7, 2019 Filing 13 RESPONSE in Opposition re #12 MOTION to Seal Response filed by Mohammad Abdul Khalik.Reply to Response to Motion due by 3/14/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Banias, Bradley)
March 6, 2019 Filing 12 MOTION to Seal by J. Al Cannon, Jr, Kirstjen Nielsen. Response to Motion due by 3/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Respondents Motion to Dismiss Petition for Writ of Habeas Corpus)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bristow Marchant.(Modica, Matthew)
March 5, 2019 Filing 11 TEXT ORDER granting #10 Motion for Extension of Time for Respondent to Reply to Petitioner's Writ of Habeas Corpus. Response due by 03/06/2019. Entered at the direction of Magistrate Judge Bristow Marchant on 03/05/2019. (egra, )
March 4, 2019 Filing 10 MOTION for Extension of Time for Respondent to Reply to Petitioner's Writ of Habras Corpus by J. Al Cannon, Jr, Kirstjen Nielsen. Response to Motion due by 3/18/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Bristow Marchant.(Modica, Matthew)
February 21, 2019 Filing 9 SUMMONS Returned Executed US Attorney's Office for the District of South Carolina by A.H., Mohammad Abdul Khalik. (Attachments: #1 Exhibit A - Proof of Service)(Banias, Bradley)
February 21, 2019 Filing 8 SUMMONS Returned Executed by A.H., Mohammad Abdul Khalik. J. Al Cannon, Jr served on 2/21/2019, answer due 4/22/2019; Alex M. Azar, II served on 2/21/2019, answer due 4/22/2019; Kirstjen Nielsen served on 2/21/2019, answer due 4/22/2019. (Attachments: #1 Exhibit A - Proof of Service)(Banias, Bradley)
February 20, 2019 Filing 5 NOTICE of Appearance by Matthew J Modica on behalf of J. Al Cannon, Jr, Alex M. Azar, II, Kirstjen Nielsen (Modica, Matthew)
February 20, 2019 Opinion or Order Filing 4 ORDER authorizing service of process by clerk. Directing Petitioner to notify the clerk in writing of any change of address. Signed by Magistrate Judge Bristow Marchant on 02/20/2019. (Attachments: #1 Petition) (egra, )
February 19, 2019 Filing 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 Receipt number 0420-8276803.), filed by Mohammad Abdul Khalik, A.H. (Attachments: #1 Exhibit A - Flores Agreement, #2 Exhibit B - ICE Handbook) (egra, )

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Petitioner: Mohammad Abdul Khalik
Represented By: Bradley Bruce Banias
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Petitioner: A.H.
Represented By: Bradley Bruce Banias
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Respondent: J. Al Cannon, Jr.
Represented By: Matthew J Modica
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Respondent: Alex M. Azar, II
Represented By: Matthew J Modica
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Respondent: Kirstjen Nielsen
Represented By: Matthew J Modica
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