M. v. Barr et al
| Joshua M. |
| William Barr, Acting Secretary Kevin McAleenan and Kenneth Cuccinelli |
| Young Center for Immigrant Children's Rights, Kids In Need of Defense (KIND), Public Counsel, Northwest Immigrant Rights Project, New Jersey Consortium for Immigrant Children, Political Asylum/Immigration Representation Project (PAIR), Lawyers Committee for Civil Rights of the San Francisco Bay Area and Immigrant Justice Corps |
| 3:2019cv00770 |
| October 22, 2019 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| Habeas Corpus - Alien Detainee |
| None |
Docket Report
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This docket was last retrieved on February 20, 2020. A more recent docket listing may be available from PACER.
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Filing 37
ORDER - The Court EXTENDS the temporary stay of Petitioner's removal for an additional 60 days, to Monday, February 24, 2020. The Court further ORDERS the following: The parties SHALL jointly supplement the record, as discussed during the hearing, no later than Friday, January 10, 2020. SEE ORDER FOR DETAILS AND DEADLINES. Signed by District Judge M. Hannah Lauck on 12/11/2019. (smej, )
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| Filing 38 Minute Entry for proceedings held before District Judge M. Hannah Lauck:Status Conference held on 12/10/2019. Case stayed 60 days. Status conference scheduled 2/24/20. Briefing schedule set. Dft to remain in this jurisdiction. Must give 72 hours notice to transfer or remove. Order to enter. (Court Reporter Diane Daffron, OCR.)(khan, ) |
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Filing 36
ORDER granting #30 Motion for Jennifer A. Rudolph to appear as Pro hac vice for Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, and Young Center for Immigrant Children's Rights. Signed by District Judge M. Hannah Lauck on 12/09/2019. (smej, )
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Filing 35
ORDER granting #29 Motion for Joseph A. Fischetti to appear as Pro hac vice for Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, and Young Center for Immigrant Children's Rights. Signed by District Judge M. Hannah Lauck on 12/09/2019. (smej, )
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Filing 34
ORDER granting #28 Motion for Catherine Weiss to appear as Pro hac vice for Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, and Young Center for Immigrant Children's Rights. Signed by District Judge M. Hannah Lauck on 12/09/2019. (smej, )
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| Set/Reset Deadlines as to Motion Hearing set for 12/10/2019 at 11:00 AM in Richmond Courtroom 6100 before District Judge M. Hannah Lauck. (khan, ) |
| Filing 33 Amicus Brief by Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, and Young Center for Immigrant Children's Rights. (smej, ) |
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Filing 32
ORDER - It is hereby ORDERED that the motion for leave to file a brief as amici curiae is granted; and it is further ORDERED that the Clerk shall cause the brief to be filed and entered on the docket of the above-captioned matter. Signed by District Judge M. Hannah Lauck on 12/06/2019. (smej, )
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| Filing 31 MOTION for Leave to File Brief as Amici Curiae by Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, Young Center for Immigrant Children's Rights. (Attachments: #1 Proposed Order, #2 Proposed Brief of Amici Curiae)(Fazli, Ario) |
| Filing 30 Motion to appear Pro Hac Vice by Jennifer A. Randolph and Certification of Local Counsel Ario Fazli Filing fee $ 75, receipt number 0422-6972902. by Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, Young Center for Immigrant Children's Rights. (Fazli, Ario) |
| Filing 29 Motion to appear Pro Hac Vice by Joseph A. Fischetti and Certification of Local Counsel Ario Fazli Filing fee $ 75, receipt number 0422-6972894. by Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, Young Center for Immigrant Children's Rights. (Fazli, Ario) |
| Filing 28 Motion to appear Pro Hac Vice by Catherine Weiss and Certification of Local Counsel Ario Fazli Filing fee $ 75, receipt number 0422-6972873. by Immigrant Justice Corps, Kids In Need of Defense (KIND), Lawyers Committee for Civil Rights of the San Francisco Bay Area, New Jersey Consortium for Immigrant Children, Northwest Immigrant Rights Project, Political Asylum/Immigration Representation Project (PAIR), Public Counsel, Young Center for Immigrant Children's Rights. (Fazli, Ario) |
| Filing 27 REPLY to Response to Motion re #20 MOTION to Dismiss for Lack of Jurisdiction filed by William Barr, Kenneth Cuccinelli, Kevin McAleenan. (Lucier, Jonathan) |
| Filing 26 REPLY to Response to Motion re #5 filed by Joshua M.. (Hass, Michael) |
| Filing 25 Opposition to #20 MOTION to Dismiss for Lack of Jurisdiction filed by Joshua M.. (Hass, Michael) |
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Filing 24
ORDER - Upon Petitioner's Consent Motion for Extension of Time, with consent of counsel for Respondents, and for good cause shown, it is hereby: ORDERED that Petitioner shall file any Reply to Respondents' Opposition to Petitioner's Motion for Temporary Restraining Order and Preliminary Injunction no later than November 29, 2019. Signed by District Judge M. Hannah Lauck on 11/19/2019. (smej, )
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| Filing 23 Consent MOTION for Extension of Time by Joshua M.. (Attachments: #1 Proposed Order Proposed Order)(Hass, Michael) |
| Filing 22 Memorandum in Opposition re #5 Motion for TRO and Preliminary Injunction filed by William Barr, Kenneth Cuccinelli, Kevin McAleenan. (Lucier, Jonathan) |
| Filing 21 Memorandum in Support re #20 MOTION to Dismiss for Lack of Jurisdiction filed by William Barr, Kenneth Cuccinelli, Kevin McAleenan. (Attachments: #1 Exhibit Exhibit A (Declaration of Paul Trump))(Lucier, Jonathan) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by William Barr, Kenneth Cuccinelli, Kevin McAleenan. (Lucier, Jonathan) |
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Filing 19
ORDER granting #15 Motion for Alexandra Lee Rizio to appear as Pro hac vice for Joshua M.. Signed by District Judge M. Hannah Lauck on 11/07/2019. (smej, )
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Filing 18
ORDER granting #14 Motion for Sarah Telo Gillman to appear as Pro hac vice for Joshua M.. Signed by District Judge M. Hannah Lauck on 11/07/2019. (smej, )
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Filing 17
ORDER granting #13 Motion for Gregory Paul Copeland to appear as Pro hac vice for Joshua M.. Signed by District Judge M. Hannah Lauck on 11/07/2019. (smej, )
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| Filing 15 Motion to appear Pro Hac Vice by Alexandra Lee Rizio and Certification of Local Counsel Michael Sklaire Filing fee $ 75, receipt number 0422-6924076. by Joshua M.. (Sklaire, Michael) |
| Filing 14 Motion to appear Pro Hac Vice by Sarah Telo Gillman and Certification of Local Counsel Michael Sklaire Filing fee $ 75, receipt number 0422-6924071. by Joshua M.. (Sklaire, Michael) |
| Filing 13 Motion to appear Pro Hac Vice by Gregory Paul Copeland and Certification of Local Counsel Michael Sklaire Filing fee $ 75, receipt number 0422-6924060. by Joshua M.. (Sklaire, Michael) |
| Filing 12 NOTICE of Appearance by Michael Richard Sklaire on behalf of Joshua M. (Sklaire, Michael) |
| Filing 16 NOTICE - Clerk received Certified Mail Return Receipt as to William Barr, Attorney General of the United States re #10 Order. (smej, ) (Main Document 16 replaced on 11/6/2019) (smej, ). |
| Filing 11 NOTICE of Appearance by Jonathan Tyler Lucier on behalf of William Barr, Kenneth Cuccinelli, Kevin McAleenan (Lucier, Jonathan) |
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Filing 10
ORDER - The Court DIRECTS the Clerk to effect service upon Respondents William Barr, Kevin McAleenan, and Kenneth Cuccinelli by delivering the Petition and this Order to the United States Attorney for the Eastern District of Virginia, Richmond Division, and by sending the same documents by certified mail to the United States Attorney General, the Homeland Security Acting Secretary, and the United States Customs and Immigration Enforcement Acting Director in Washington, D.C.. After due consideration, the Court will grant the Motion in part and ORDER a temporary 60-day administrative stay of Petitioner's removal to preserve the status quo pending further briefing before this Court. The Court ORDERS the Respondents to respond to the Petition #1 and the Motion for Temporary Restraining Order #5 , no later than November 15, 2019. In addition to addressing the arguments raised in the Petition and Motion, Respondents SHALL also specify in their response where Petitioner is being held within the Eastern District of Virginia. The Court SCHEDULES a status conference for December 10, 2019, at 11:00 a.m. In addition, the Court DIRECTS the Clerk to send a copy of this Order by certified mail to the ICE Washington Field Office, 2675 Prosperity Avenue 3rd Floor, Fairfax, Virginia 20598-5216. The Court PROHIBITS Respondents from transferring Petitioner to another facility out of this jurisdiction pending further order. In addition to the Court ORDERED 60-day administrative stay, the Court further ORDERS that Respondents SHALL provide this Court with at least 72 hours' notice of any scheduled removal or transfer of Petitioner out of this Court's jurisdiction. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 10/23/2019. (Copies distributed as directed) (smej, )
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| Filing 9 Letter dated October 23, 2019 mailed to plaintiff's counsel, Sarah Gillman and Gregory Copeland, with copy of Local Rule 83.1 (Attachments: #1 Rule 83.1)(jtho, ) |
| Filing 8 NOTICE of Appearance by Jonathan Holland Hambrick on behalf of William Barr, Kenneth Cuccinelli, Kevin McAleenan (Hambrick, Jonathan) |
| Filing 7 Case transferred in from District of New York Southern; Case Number 1:19-cv-09661. Original file and docket sheet received. (Additional attachment(s) added on 10/22/2019: #2 Prisoner Data Report) (ldab, ). |
| Notification of transfer of Petition for Writ of Habeas Corpus (2241) from the Southern District of New York Case No. 1:19cv9661 to the Eastern District of Virginia. (ldab, ) |
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Filing 6
ORDER denying as moot #2 Motion to Appear Pro Hac Vice. IT IS HEREBY ORDERED, that this action be and hereby is transferred to the United States District Court for the Eastern District of Virginia. Sufficient cause being shown therefor, it is further ORDERED that transfer be effectuated today, and Local Rule 83.1 which provides that transfer shall not be effectuated for seven (7) days, is hereby suspended; and it is further ORDERED that, in order to permit the transfer to be effectuated administratively, Respondents and each of them is hereby restrained until Friday, October 25, 2019, at 6 PM from taking any steps to move petitioner from his current place of incarceration to any other location; and it is further ORDERED that the application for admission pro hac vice at Docket #2 of this case is denied as moot and the Clerk of Court shall refund any fee paid in connection with said application forthwith. This constitutes the order of the Court. (Signed by Judge Colleen McMahon on 10/21/2019) (mml) Transmission to Finance Unit (Cashiers) for processing. [Transferred from New York Southern on 10/22/2019.]
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Paul Copeland. The party information for the following party/parties has been modified: William BARR, Kevin MCALEENAN, Kenneth CUCCINELLI. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh) [Transferred from New York Southern on 10/22/2019.] |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh) [Transferred from New York Southern on 10/22/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh) [Transferred from New York Southern on 10/22/2019.] |
| Case Designated ECF. (dnh) [Transferred from New York Southern on 10/22/2019.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Eastern District of Virginia. (mml) [Transferred from New York Southern on 10/22/2019.] |
| Filing 5 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction. Document filed by Joshua M.. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law in Support of Temporary Restraining Order)(Gillman, Sarah) Modified on 10/21/2019 (db). Modified on 10/21/2019 (ldi). [Transferred from New York Southern on 10/22/2019.] |
| Filing 4 NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Sarah Telo Gillman on behalf of Joshua M. (Gillman, Sarah) [Transferred from New York Southern on 10/22/2019.] |
| Filing 3 CIVIL COVER SHEET filed. (Copeland, Gregory) [Transferred from New York Southern on 10/22/2019.] |
| Filing 2 MOTION for Alexandra Lee Rizio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17801053. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Joshua M.. (Attachments: #1 Affidavit Alexandra RIzio, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Copeland, Gregory) [Transferred from New York Southern on 10/22/2019.] |
| Filing 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17801009)Document filed by Joshua M.. (Attachments: #1 Exhibit Special Findings Order, #2 Exhibit SIJ I-360 Petition, #3 Exhibit Notice to R.F.M. Class, #4 Exhibit I-589 Application, #5 Exhibit Part 1 of 2 of Documents Supporting I-589 Application, #6 Exhibit IJ Denial of Fear Based Claims, #7 Exhibit Motion to Reopen, #8 Exhibit I-360 SIJ Approval Notice, #9 Exhibit Supplement to Motion to Reopen, #10 Exhibit DHS Opposition to Motion to Reopen, #11 Exhibit Petitioners Reply to Opposition to Motion to Reopen, #12 Exhibit IJ Denial of Motion to Reopen, #13 Exhibit Attorney Affirmation of Leslie Wagner, #14 Exhibit Part 2 of 2 of Documents Supporting I-589 Application)(Copeland, Gregory) [Transferred from New York Southern on 10/22/2019.] |
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