Diaz Reyes v. Immigration & Customs Enforcement Field Office Director et al
| Elsa Diaz Reyes |
| Immigration and Customs Enforcement Field Office Director, Alejandro Mayorkas and Department of Homeland Security |
| Immigration & Customs Enforcement Field Office Director |
| 2:2021cv00978 |
| July 21, 2021 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Brian A Tsuchida |
| Habeas Corpus - Alien Detainee |
| 28 U.S.C. § 2241 |
| None |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 Second DECLARATION of Victoria M. Braga filed by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas re #21 MOTION to Dismiss and Return Memorandum (Attachments: #1 Exhibit A, IJ Custody Order (Aug. 30, 2021), #2 Exhibit B, DHS Notice of Franco Membership (Aug. 19, 2021), #3 Exhibit C, Franco Bond Hearing Notice (Aug. 23, 2021))(Braga, Victoria) |
| Filing 28 REPLY, filed by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas, TO RESPONSE to #21 MOTION to Dismiss and Return Memorandum (Braga, Victoria) |
| Filing 27 PRAECIPE re #3 Declaration,,, Exhibit A Part 4 (Redacted) by Petitioner Elsa Diaz Reyes (Attachments: #1 Exhibit A part 4)(Adams, Matt) |
| Filing 26 TRAVERSE re #21 MOTION to Dismiss and Return Memorandum, #1 Petition for Writ of Habeas Corpus, by Petitioner Elsa Diaz Reyes (Korthuis, Aaron) |
Filing 25
ORDER granting Petitioner's #4 Motion to Seal; granting Respondents' #18 Motion to Seal; granting Respondents' #23 Motion to Seal. The Clerk shall seal exhibits. Signed by Hon. Brian A Tsuchida. (PM)
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| Filing 24 UNREDACTED SEALED #22 Declaration,,,,,,, by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas (Attachments: #1 Exhibit C, Credible Fear Interview Notes (Aug. 23, 2018) (SEALED), #2 Exhibit V, IJ Bond Memo (July 26, 2021) (SEALED))(Braga, Victoria) |
| Filing 23 Unopposed MOTION to Seal Exhibits in Support of Respondents' Motion to Dismiss and Return Memorandum, filed by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas. Noting Date 9/3/2021, (Braga, Victoria) |
| Filing 22 DECLARATION of Victoria M. Braga filed by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas re #21 MOTION to Dismiss and Return Memorandum (Attachments: #1 Exhibit A, Procedural History Timeline, #2 Exhibit B, I-213 (July 18, 2018), #3 SEALED Exhibit C, Credible Fear Interview Notes (Aug. 23, 2018) (REDACTED), #4 Exhibit D, I-213 (May 4, 2010), #5 Exhibit E, Illegal Entry Conviction Documents (May 2010), #6 Exhibit F, Heroin Trafficking Conviction Documents (Aug. 2011), #7 Exhibit G, Notice to Appear (Aug. 23, 2018), #8 Exhibit H, IJ Decision in Removal Proceedings (Nov. 8, 2018), #9 Exhibit I, Board Decision in Removal Proceedings (Apr. 16, 2019), #10 Exhibit J, Ninth Cir. Decision in Removal Proceedings (Oct. 30, 2020), #11 Exhibit K, Board Remand in Removal Proceedings (July 28, 2021), #12 Exhibit L, Mot. for Bond Hearing (Aug. 31, 2018), #13 Exhibit M, IJ Custody Order (Oct. 1, 2018), #14 Exhibit N, Report and Recommendation (Aug. 7, 2020), #15 Exhibit O, Habeas Order (Nov. 20, 2020), #16 Exhibit P, IJ Bond Memo (Jan. 26, 2021), #17 Exhibit Q, Notice of Appeal to Board (Jan. 4, 2021), #18 Exhibit R, Mot. to Enforce (Jan. 7, 2021), #19 Exhibit S, Decision Denying Mot. to Enforce (Feb. 19, 2021), #20 Exhibit T, Ninth Cir. Affirmance of Mot. to Enforce Denial (July 21, 2021), #21 Exhibit U, Board Remand in Bond Proceedings (May 24, 2021), #22 SEALED Exhibit V, IJ Bond Memo (July 26, 2021) (REDACTED), #23 Exhibit W, Notice of Appeal to Board (July 6, 2021))(Braga, Victoria) Modified on 9/7/2021 to seal Exhibits C and V per #25 Order (PM). |
| Filing 21 MOTION to Dismiss and Return Memorandum, filed by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas. Noting Date 9/17/2021, (Braga, Victoria) |
| Filing 20 REPLY, filed by Petitioner Elsa Diaz Reyes, TO RESPONSE to #2 MOTION for Temporary Restraining Order (Korthuis, Aaron) |
| Filing 19 UNREDACTED SEALED #17 Declaration (non motion),, by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas (Braga, Victoria) |
| Filing 18 Unopposed MOTION to Seal Exhibit, filed by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas. (Attachments: #1 Proposed Order) Noting Date 8/20/2021, (Braga, Victoria) |
| Filing 17 DECLARATION of Victoria M. Braga re #16 Response to Motion by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 SEALED Exhibit H (redacted), #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Braga, Victoria) Modified on 9/7/2021 to seal Exhibit H per dkt. #25 order (PM). |
| Filing 16 RESPONSE, by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas, to #2 MOTION for Temporary Restraining Order . (Braga, Victoria) |
| Filing 15 RESPONSE, by Respondents Department of Homeland Security, Immigration & Customs Enforcement Field Office Director, Alejandro Mayorkas, to #4 MOTION to Seal PURSUANT TO LOCAL CIVIL RULE 5(g). (Braga, Victoria) |
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Filing 14
ORDER DIRECTING RESPONSE TO MOTIONS AND DIRECTING SERVICE OF #1 PETITION, by Hon. Brian A Tsuchida. Respondent(s) may file a response to the #2 Motion for a Temporary Restraining Order by August 9, 2021. Petitioner may file a reply by August 13, 2021. Respondent(s) may file a response to the #4 Motion to Seal by August 9, 2021. Petitioner may reply by August 13, 2021. The Clerk shall re-note the motion for August 13, 2021. Electronic posting shall effect service of this Order, #1 2241 Petition and all supporting documents on the United States Attorney and respondent(s). Within 30 days of the date this Order is posted, respondent(s) shall file a return and status report and note it for the fourth Friday after it is filed. Petitioner may file and serve a response not later than the Monday immediately preceding the Friday appointed for consideration. Respondent(s) may file a reply not later than the Friday designated for consideration of the matter. (cc: ICE) (ST)
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| Filing 13 NOTICE of Filing Audio CDs in Paper or Physical Form with the Clerk's Office by Petitioner Elsa Diaz Reyes. inre 12 Receipt, #3 Declaration,. (Korthuis, Aaron) |
| Filing 12 RECEIPT of two discs of Audio recordings of Exhibits C and G re #5 Unredacted Motion to Seal. (LH) (Placed two discs in one accordion folder and stored on the Physical Filing shelves in the Seattle Clerk's Office) |
| Noting Date Set/Reset re #2 Motion for Temporary Restraining Order, #4 Motion to Seal. Noting Date 8/13/2021. (ST) |
| REFERRING #2 Motion for Temporary Restraining Order; #4 Motion to Seal to: Judge Brian A Tsuchida. (ST) |
| NOTICE TO FILER: The court received two audio recordings -- Exhibits C and G -- from plaintiff's counsel re the #5 Unredacted Motion to Seal. A copy of each audio recording was included with working copies delivered to the court for Judge Martinez and Judge Tsuchida. Counsel is directed to file a Notice of Physical Filing and submit a duplicate copy of both disks with the Clerk's Office. (ST) |
| Filing 11 NOTICE of Intent to Oppose Motion for a Temporary Restraining Order re #2 MOTION for Temporary Restraining Order ; filed by Respondents Director, Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: #1 Certificate of Service)(Braga, Victoria) |
| Filing 10 Summons(es) Electronically Issued as to defendant(s) Director, Alejandro Mayorkas, United States Department of Homeland Security. (Attachments: #1 Summons, #2 Summons)(ST) |
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Filing 9
MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Ricardo S. Martinez and Hon. Brian A Tsuchida for all further proceedings. Judge Richard A. Jones, Judge J Richard Creatura no longer assigned to case; as directed by Judge J Richard Creatura. (AMD)
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| Filing 7 NOTICE of Appearance by attorney Victoria Braga on behalf of Defendants Department of Homeland Security, Immigration and Customs Enforcement Field Office Director, Alejandro Mayorkas. (Attachments: #1 Certificate of Service)(Braga, Victoria) |
| Judge Richard A. Jones and Judge J Richard Creatura added. (AMD) |
| STRICKEN REFERRING #2 MOTION for Temporary Restraining Order , #4 MOTION to Seal to: Judge J Richard Creatura. (AMD) Modified on 7/22/2021. Judge Creatura is no longer assigned to the case. (ST) |
| Filing 6 DECLARATION of Aaron Korthuis filed by Plaintiff Elsa Diaz Reyes re #2 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit A)(Korthuis, Aaron) Modified on 7/22/2021. Documents regenerated to AUSA. (ST) |
| Filing 5 UNREDACTED SEALED #4 Unopposed MOTION to Seal Pursuant to Local Civil Rule 5(g), #3 Declaration,, by Plaintiff Elsa Diaz Reyes (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit B, #6 Exhibit C, #7 Exhibit F, #8 Exhibit G)(Korthuis, Aaron) Modified on 7/22/2021 (AMD). Modified on 7/22/2021. Documents regenerated to AUSA. (ST) |
| Filing 4 Unopposed MOTION to Seal Pursuant to Local Civil Rule 5(g), filed by Plaintiff Elsa Diaz Reyes. (Attachments: #1 Proposed Order) Noting Date 7/30/2021, (Korthuis, Aaron) Modified text on 7/22/2021 (AMD). Modified on 7/22/2021. Documents regenerated to AUSA. (ST) |
| Filing 3 DECLARATION of Sydney Maltese filed by Plaintiff Elsa Diaz Reyes re #2 MOTION for Temporary Restraining Order (Attachments: #1 SEALED Exhibit A - Part 1, #2 SEALED Exhibit A - Part 2, #3 SEALED Exhibit A - Part 3, #4SEALED Exhibit A - Part 4, #5 SEALED Exhibit B, #6SEALED Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 SEALED Exhibit F, #10 SEALED Exhibit G, #11 Exhibit H, #12 Exhibit I)(Korthuis, Aaron) Modified on 7/22/2021. Documents regenerated to AUSA. (ST) Modified on 9/7/2021 to seal exhibits per #25 Order (PM). |
| Filing 2 MOTION for Temporary Restraining Order re #1 2241 Petition, filed by Plaintiff Elsa Diaz Reyes. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 7/21/2021, (Korthuis, Aaron) Modified on 7/22/2021. Documents regenerated to AUSA. Link to petition added. (ST) |
| Filing 1 2241 PETITION for Writ of Habeas Corpus, filed by Elsa Diaz Reyes. (Receipt # AWAWDC-7175706) (Attachments: #1 Summons Immigration and Customs Enforcement Field Office Director, #2 Summons Alejandro Mayorkas, #3 Summons Department of Homeland Security)(Korthuis, Aaron) Modified on 7/22/2021. Documents regenerated to AUSA. (ST) |
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