Gebrehiwet v. Nielsen et al
| Samsom Weldemichael Gebrehiwet and Samson Michael |
| Marc J Moore, Department of Homeland Security, Warden, United States of America, Matthew Whitaker, Kirstjen Nielsen, Steven Langford and Matthew G Whitaker |
| 2:2018cv01790 |
| December 12, 2018 |
| US District Court for the Western District of Washington |
| Seattle Office |
| James P Donohue |
| Barbara J Rothstein |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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Filing 19
MINUTE ORDER: The parties having so stipulated, it is hereby ORDERED that: (1) Petitioner's current stay of removal shall continue pending the Court's determination of Petitioner's habeas petition; (2) Petitioner's amended habeas petition shall be filed on or before February 15, 2019; and (3) Respondent's Return Memorandum and Status Report shall be filed on or before March 18, 2019, and will be briefed in accordance with Local Civil Rule 7(d)(3). Stipulation #18 filed by Samsom Weldemichael Gebrehiwet. Authorized by Judge Barbara J. Rothstein. (RM)
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| Filing 18 STIPULATION AND PROPOSED ORDER Regarding Proposed Briefing Schedule by parties (Korthuis, Aaron) |
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Filing 17
MINUTE ORDER #16 Notice of Appropriations Received by Department of Homeland Security, Kirstjen Nielsen, Matthew Whitaker, United States of America, Steven Langford, Marc J Moore. The stay is lifted and the parties are directed to file a proposed briefing schedule no later than 2/4/2019. Authorized by Judge Barbara J. Rothstein. (RM)
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| Filing 16 NOTICE of Appropriations Received re 15 Order on Motion to Stay,, ; filed by Respondents Department of Homeland Security, Steven Langford, Marc J Moore, Kirstjen Nielsen, United States of America, Matthew Whitaker. (Chan, Priscilla) |
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Filing 15
MINUTE ENTRY: The Court having reviewed Respondents' #14 motion to stay proceedings in light of the lapse of appropriations for the United States Department of Justice and Petitioner consenting to the motion, the Court HEREBY ORDERS that the motion is GRANTED. All pending deadlines in this case are hereby STAYED and all current deadlines are hereby EXTENDED commensurate with the duration of the lapse in appropriations. Respondents are responsible for notifying the Court once appropriations have been received. Authorized by Judge Barbara J. Rothstein. (PM)
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| Filing 14 MOTION to Stay Case in Light of Lapse in Appropriations, filed by Respondents Department of Homeland Security, Steven Langford, Marc J Moore, Kirstjen Nielsen, United States of America, Warden, Matthew Whitaker. (Attachments: #1 Proposed Order Granting Stay) Noting Date 1/11/2019, (Chan, Priscilla) |
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Filing 13
MINUTE ORDER: granting #11 stipulated Motion for setting briefing schedule. Having reviewed the joint stipulation, the Court HEREBY ORDERS that Respondents shall stay Petitioner's removal pending this Court's determination of his habeas petition and Petitioner's Motion for Temporary Restraining Order is withdrawn. Respondents shall file the Return Memorandum and Status Report on or before January 24, 2019. The briefing schedule will be governed by Local Rule 7(d)(3). Authorized by Judge Barbara J. Rothstein. (PM)
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| Filing 12 PRAECIPE re #11 Stipulated MOTION for Order Setting Briefing Schedule and Status Report replacing Dkt. 11 with corrected caption by Respondents Department of Homeland Security, Steven Langford, Marc J Moore, Kirstjen Nielsen, United States of America, Warden, Matthew Whitaker (Attachments: #1 Exhibit Corrected Stipulation)(Chan, Priscilla) |
| Filing 11 Stipulated MOTION for Order Setting Briefing Schedule and Status Report, filed by Respondents Department of Homeland Security, Steven Langford, Marc J Moore, Kirstjen Nielsen, United States of America, Warden, Matthew Whitaker. Noting Date 12/21/2018, (Chan, Priscilla) |
| Filing 10 STATUS REPORT by Petitioner Samsom Weldemichael Gebrehiwet (Kang, Leila) |
| Filing 9 STATUS REPORT REGARDING ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ENFORCEMENT OF TEMPORARY RESTRAINING ORDER by Respondents Department of Homeland Security, Steven Langford, Marc J Moore, Kirstjen Nielsen, United States of America, Warden, Matthew Whitaker (Attachments: #1 Exhibit A)(Chan, Priscilla) |
| Filing 8 NOTICE of Appearance by attorney Priscilla To-Yin Chan on behalf of Respondents Department of Homeland Security, Steven Langford, Marc J Moore, Kirstjen Nielsen, United States of America, Warden, Matthew Whitaker. (Chan, Priscilla) |
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Filing 7
ORDER granting #4 Petitioner's Emergency Motion to Enforce signed by Judge Richard A. Jones. The Court orders Respondents to return Petitioner to the United States and to the Western District of Washington as soon as possible and without undue delay. Counsel for Petitioner are hereby ORDERED to make immediate arrangements with counsel for Respondent for an expedited hearing on Petitioner's Motion for Temporary Restraining Order #3 (TW)
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| Filing 6 CERTIFICATE OF SERVICE by Petitioner Samsom Weldemichael Gebrehiwet re #5 Declaration, #4 Emergency MOTION to Enforce Temporary Restraining Order and Return Petitioner (Korthuis, Aaron) |
| Filing 5 Second DECLARATION of Emma Rekart filed by Petitioner Samsom Weldemichael Gebrehiwet re #4 Emergency MOTION to Enforce Temporary Restraining Order and Return Petitioner (Kang, Leila) |
| Filing 4 Emergency MOTION to Enforce Temporary Restraining Order and Return Petitioner, filed by Petitioner Samsom Weldemichael Gebrehiwet. (Attachments: #1 Proposed Order) Noting Date 12/13/2018, (Kang, Leila) |
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Filing 3
ORDER temporarily staying Petitioner's removal pending resolution of Petitioner's #2 Motion for Temporary Restraining Order. The Court expresses no views at this time as to the merits of Petitioner's habeas petition or Motion. The Clerk shall arrange for service on Respondents by certified mail, return receipt requested. Where applicable and if not previously accomplished, electronic posting of this Order and Petitioner's 2241 habeas petition shall effect service upon the United States Attorney of the petition and of all related supporting documents. Service upon the United States Attorney is deemed to be service upon the named respondents. The return will be treated in accordance with Local Rule LCR 7. Signed by Judge Richard A. Jones. (TH) (respondents served electronically as stated in order by United States Attorney) (SG) Modified on 12/13/2018 NW detention staff notified/served via phone call and email on 12/13/18 (SG).
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| Judge Barbara J. Rothstein and Hon. James P. Donohue added. (ELS) |
| Filing 2 Emergency MOTION for Temporary Restraining Order , filed by Petitioner Samsom Weldemichael Gebrehiwet. (Attachments: #1 Proposed Order, #2 Exhibit, #3 Exhibit) Noting Date 12/12/2018, (Kang, Leila) |
| Filing 1 PETITION for Writ of Habeas Corpus (Receipt # 0981-5579192), filed by Samsom Weldemichael Gebrehiwet. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Kang, Leila) |
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