Alexis v. Sessions et al
| Richard Lawrence Alexis |
| Jefferson B Sessions, III, Kirstjen M. NIELSEN, Thomas D. HOMAN, Patrick D Contreras, Robert Lacy, Jr. and Sarah Hartnett |
| 4:2018cv01923 |
| June 11, 2018 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Lee H Rosenthal |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
24
MEMORANDUM AND ORDER entered: The court dismisses the claims against Sessions, Nielsen, Homan, Contreras, and Hartnett as improper respondents. Alexis may amend his petition to add Tate as a respondent no later than November 30, 2018.The court dism isses the petition's first claim, with prejudice, for lack of subject-matter jurisdiction. Because the petition's second claim is foreclosed by Jennings, 138 S. Ct. at 846, it is also dismissed with prejudice.To the extent that the petitio n's third, fourth, sixth, and seventh claims allege violations of the Fifth Amendment's Due Process Clause, the court denies the government's motion to dismiss and requires the government to hold an individualized bond hearing to deter mine whether continued detention is necessary to prevent Alexis from fleeing or to protect the community. The government must conduct the hearing no later than January 11, 2019, or show cause why an extension is needed.The court dismisses the petition's fifth, eighth, and ninth claims, with prejudice, for failure to state a claim on which relief can be granted. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Filing
11
ORDER entered DENYING 7 MOTION for Default Judgment against All Defendants.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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