Rodriguez Cabrera v. Pitts et al
Defendant: Immigration and Customs Enforcement, Director Removal and Michael Pitts, J, Exec. Assoc. Dir. Matthew T Albence, ACTING SECRETARY Kevin McAleenan and Department of Homeland Security
Petitioner: Melvin Josue Rodriguez Cabrera
Respondent: Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Immigration and Customs Enforcement and U.S. Department of Homeland Security
Case Number: 1:2019cv00195
Filed: October 9, 2019
Court: US District Court for the Southern District of Texas
Presiding Judge: Fernando Rodriguez
Nature of Suit: Habeas Corpus - Alien Detainee
Cause of Action: 28:2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 6, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2019 Opinion or Order Filing 21 ORDER, entered. Accordingly, it is: ORDERED that Petitioner's December 6, 2019 deadline to file a reply brief is stayed; ORDERED that the December 9, 2019 hearing on Petitioners motion for a preliminary injunction is cancelled; ORDERED that all other pending deadlines and court settings are stayed; and ORDERED that the Parties are to file their dismissal documents, or provide the Court an update regarding the status of settlement no later than December 13, 2019. Closing Papers due by 12/13/2019(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(mperez, 1)
December 5, 2019 Filing 20 NOTICE of Settlement by Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed. (Attachments: #1 Proposed Order)(Pineda, Christopher)
December 4, 2019 Filing 19 SEALED EXHIBITS Gov't Exhibit 8 re: #18 Response in Opposition to Motion,, by Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed. (Attachments: #1 Exhibit 8) (Pineda, Christopher)
December 4, 2019 Filing 18 RESPONSE in Opposition to #14 MOTION to Supplement Opposition to Respondent's Motion to Dismiss and in Support of Petitioner's Motion for a Preliminary Injunction, #13 MOTION for Preliminary Injunction, filed by Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12)(Pineda, Christopher) Original CD for Exhibit 10 has been placed in the Clerk's Office File Room. Modified on 12/5/2019 (bespinoza, 1).
November 27, 2019 Filing 17 Letter from Plaintiff's attorney re: audio CD in support of #13 Motion for Preliminary Injunction by Melvin Josue Rodriguez Cabrera, filed. Original CD has been placed in the Clerk's Office File Room. (bespinoza, 1)
November 26, 2019 Opinion or Order Filing 16 ORDER entered by the Court. ORDERED that a hearing on Petitioners Motion for a Preliminary Injunction is scheduled for December 9, 2019 at 1:30 p.m.; RDERED that Respondents shall file a response to Petitioners Motion for a Preliminary Injunction by December 4, 2019 and Ordered that Petitioner shall file a reply by December 6, 2019 (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(dbenavides, 1)
November 26, 2019 Filing 15 NOTICE Re: Petitioner's Motion for Preliminary Injunction re: #13 MOTION for Preliminary Injunction by Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed. (Pineda, Christopher)
November 26, 2019 Filing 14 MOTION to Supplement Opposition to Respondent's Motion to Dismiss and in Support of Petitioner's Motion for a Preliminary Injunction by Melvin Josue Rodriguez Cabrera, filed. Motion Docket Date 12/17/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Garcia, Angel)
November 26, 2019 Filing 13 MOTION for Preliminary Injunction by Melvin Josue Rodriguez Cabrera, filed. Motion Docket Date 12/17/2019. (Garcia, Angel)
November 5, 2019 Opinion or Order Filing 12 ORDER granting #11 Unopposed Motion for Extension of Time Responses due by 11/26/2019..(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(mperez, 1)
November 5, 2019 Filing 11 Unopposed MOTION for Extension of Time To Oppose Defendant's Motion to Dismiss by Melvin Josue Rodriguez Cabrera, filed. Motion Docket Date 11/26/2019. (Garcia, Angel)
October 18, 2019 Opinion or Order Filing 10 ORDER RE: #1 PETITION for Writ of Habeas Corpus, #8 MOTION to Dismiss #9 Supplemental MOTION for Writ. ORDERED that the Motion for a Temporary Restraining Order is DENIED (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(scastillo, 1)
October 17, 2019 Filing 9 Supplemental MOTION for Writ PETITIONERS REPLY IN SUPPORT OF A WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. 2241 AND MOTION FOR A TEMPORARY RESTRAINING ORDER by Melvin Josue Rodriguez Cabrera, filed. Motion Docket Date 11/7/2019. (Garcia, Angel)
October 16, 2019 Filing 8 MOTION to Dismiss by Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed. Motion Docket Date 11/6/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Pineda, Christopher)
October 11, 2019 Opinion or Order ORAL ORDER granting #2 MOTION/APPLICATION to Proceed In Forma Pauperis ( by Judge Fernando Rodriguez, Jr) Parties notified.(bespinoza, 1)
October 11, 2019 Minute Entry for proceedings held before Judge Fernando Rodriguez, Jr: Telephonic Appearances: Angel Omar Olivo Garcia f/Petitioner; Christopher D Pineda, f/Respondent; (Court Reporter: Sheila Perales) (Law Clerk: Victoria Aranda) [Court time: 2:26-3:01]. MOTION HEARING held on 9/10/2019 re: #1 PETITION for Writ of Habeas Corpus and request for Temporary Restraining and #2 MOTION/APPLICATION to Proceed In Forma Pauperis. The Court addressed the parties; Petitioner's Motion for IFP was granted. Arguments were heard regarding the request for a temporary restraining order. The Court instructed the Government to file the new NTA and warrant; Response by the Govt due by 10/16/2019; Reply due by 10/17/2019; Court will issue ruling by 10/18/19. (bespinoza, 1)
October 11, 2019 Filing 7 Other EXHIBITS by Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed. (Attachments: #1 Exhibit, #2 Exhibit)(Pineda, Christopher)
October 10, 2019 Filing 6 NOTICE of Resetting. Parties notified. Telephone Conference set for 10/11/2019 at 02:30 PM by telephone before Judge Fernando Rodriguez Jr, filed. (bespinoza, 1)
October 10, 2019 Filing 5 NOTICE of Resetting. Parties notified. Telephone Conference set for 10/11/2019 at 11:00 AM by telephone before Judge Fernando Rodriguez Jr, filed. (bespinoza, 1)
October 10, 2019 Filing 4 NOTICE of Appearance by Christopher D. Pineda, AUSA on behalf of Matthew T Albence, Kevin McAleenan, Michael J. Pitts, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, filed. (Pineda, Christopher)
October 10, 2019 Filing 3 NOTICE of Setting. Parties notified. Telephone Conference set for 10/10/2019 at 11:00 AM by telephone before Judge Fernando Rodriguez Jr, filed. (bespinoza, 1)
October 9, 2019 Filing 2 MOTION/APPLICATION to Proceed In Forma Pauperis by Melvin Josue Rodriguez Cabrera, filed. Motion Docket Date 10/30/2019. (JenniferLongoria, 1)
October 9, 2019 Filing 1 PETITION for Writ of Habeas Corpus filed by Melvin Josue Rodriguez Cabrera. (Attachments: #1 Exhibit Table of Contents and Exhibits, #2 Civil Cover Sheet Civil Cover Sheet, #3 Affidavit Affidavit of Indigency)(Garcia, Angel)

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Defendant: Immigration and Customs Enforcement
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Defendant: Director Removal and Michael Pitts, J
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Defendant: Exec. Assoc. Dir. Matthew T Albence
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Defendant: ACTING SECRETARY Kevin McAleenan
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Defendant: Department of Homeland Security
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Petitioner: Melvin Josue Rodriguez Cabrera
Represented By: Angel Omar Olivo Garcia
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Respondent: Matthew T Albence
Represented By: Christopher D Pineda
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Respondent: Kevin McAleenan
Represented By: Christopher D Pineda
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Respondent: Michael J. Pitts
Represented By: Christopher D Pineda
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Respondent: U.S. Immigration and Customs Enforcement
Represented By: Christopher D Pineda
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Respondent: U.S. Department of Homeland Security
Represented By: Christopher D Pineda
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