Case: Ragbir v. Sessions

1:18-cv-00236 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 11, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

The plaintiff in this case became a lawful permanent resident (LPR) in 1994 after immigrating to the United States from Trinidad and Tobago. After a conviction in 2001 for wire fraud, he served a prison sentence, was placed in immigration removal proceedings, and was held in immigration detention from 2006 to 2008. For a time, ICE had allowed the plaintiff to remain in the United States under an order of supervision and four successive stays of removal, accompanied by work authorization. Over t…

The plaintiff in this case became a lawful permanent resident (LPR) in 1994 after immigrating to the United States from Trinidad and Tobago. After a conviction in 2001 for wire fraud, he served a prison sentence, was placed in immigration removal proceedings, and was held in immigration detention from 2006 to 2008. For a time, ICE had allowed the plaintiff to remain in the United States under an order of supervision and four successive stays of removal, accompanied by work authorization. Over the following decade, he became a nationally-known immigrants' rights activist based in New York. He checked in with ICE regularly as specified under the terms of his order of supervision.

The plaintiff was later arrested by immigration authorities, who sought to effectuate his removal from the United States. Three separate proceedings in both the Second and Third Circuits had important implications in determining his removability. For the sake of clarity, each will be addressed in turn.

Habeas Corpus Petition—Southern District of New York (1:18-cv-00236) and Second Circuit (18-01595)

The plaintiff was arrested by immigration authorities on January 11, 2018. The same day, the plaintiff filed a habeas corpus petition against the U.S. government for alleged violations of the Immigration and Nationality Act (INA) and the Fifth Amendment to the United States Constitution. Represented by NYU Law School's Immigrant Rights Clinic, the plaintiff filed the petition in the U.S. District Court for the Southern District of New York. The case was assigned to Judge Katherine B. Forrest.

In his habeas petition, the plaintiff alleged he was detained unlawfully. First, he argued that his detention was contrary to the INA, which does not permit re-detention without cause, notice, an opportunity to be heard, and an adequate post-custody review process. Additionally, he alleged that the detention was unconstitutional as a violation of his property and liberty rights under the Due Process Clause of the Fifth Amendment, his right to a bond hearing, and his right not to be indefinitely detained while removal was not foreseeable. He asked the Court to order the government either to release him or to hold a bond hearing.

On the same day the plaintiff filed the petition, Judge Forrest ordered the government not to transfer the plaintiff out of ICE's New York jurisdiction. The plaintiff moved to enforce the order. The government moved to oppose it, arguing that it had already sent the plaintiff to a detention center in Miami, Florida.

On January 17, 2018 after the Court's hearing, the government informed the Court that it would exercise its discretion and transfer the plaintiff back to New York. Judge Forrest also ordered the government to file proof of a "travel document" that it had mentioned during the hearing. The government's reply stated that the plaintiff's country of citizenship had issued him a travel document that had been valid until Jan. 14. (Later, in a Jan. 29 order, Judge Forrest explained that the government had argued that the plaintiff's status was always subject to revocation once the government had obtained this document, unbeknownst to the plaintiff.)

The plaintiff filed an amended habeas petition on January 17, 2018. The government response argued that it had validly revoked the plaintiff's stay of removal and permissibly detained him while seeking to execute his final removal order. In his reply, the plaintiff alleged that the government had failed to permit adjudication of his removal order. Rather, the government "arbitrarily arrested [him] . . . handcuffed him in front of his wife and attorney, hastily shuttled him to Miami for detention, without any assertion that he was a flight risk or danger."

On January 29, 2018, Judge Forrest granted the plaintiff's habeas petition. She wrote:

The Court in fact agrees with the Government that the statutory scheme . . . allows them to do what was done here. But there are times when statutory schemes may be implemented in ways that tread on rights that are larger, more fundamental. Rights that define who we are as a country, what we demand of ourselves, and what we have guaranteed to each other: our constitutional rights. That has occurred here.

In sum, the Court finds that when this country allowed petitioner to become a part of our community fabric, allowed him to build a life with and among us and to enjoy the liberties and freedom that come with that, it committed itself to allowance of an orderly departure when the time came, and it committed itself to avoidance of unnecessary cruelty when the time came. By denying petitioner these rights, the Government has acted wrongly. . . .

Petitioner is entitled to the freedom to say goodbye.

2018 WL 623557.

On January 30, the plaintiff, now freed from detention, asked the Court to retain jurisdiction. The government had asked the plaintiff to report for deportation on February 30, but the plaintiff was concerned that the timing was premature. However, Judge Forrest responded that the Court's jurisdiction had been premised only on habeas, no longer applicable after the plaintiff's release.

On May 28, 2018, the government appealed the District Court’s order to the Second Circuit. On September 10, the government filed a motion to vacate the District Court’s order and dismiss the case as moot. In its supporting memo, the government argued that the District Court lacked jurisdiction to review the plaintiff’s habeas petition. Further, the government claimed that the District Court’s holding as to its purported violations of the plaintiff’s due process rights under the Fifth Amendment was unsupported by persuasive legal reasoning or precedent. Since the plaintiff had already been granted the relief sought, the government would not be able to obtain any redress on appeal. But, the government asserted, since it had been deprived of the opportunity to obtain review of the District Court’s order (due to the plaintiff’s release before review could be granted) the decision of the District Court should be vacated.

On September 17, the plaintiff responded, contending that the risk of future re-detention in the event that his habeas relief was overturned sufficed to prevent his case from becoming moot. Accordingly, the plaintiff asserted that the government should be prevented from, “making conclusory allegations about mootness in an attempt to simply erase the record of a decision it dislikes,” and that its motion should be denied.

On July 30, 2019, the Second Circuit granted the government’s motion, dismissing the case as moot and ordering the District Court to vacate its order. Though the plaintiff sought a rehearing en banc, the Court denied his motion on November 1. The Second Circuit’s order was carried into effect by the District Court on November 4.

This case is now closed.

First Amendment Challenge—Southern District of New York (1:18-cv-01159) and Second Circuit (18-01597)

On February 9, 2018 the plaintiff filed another complaint in the U.S. District Court of the Southern District of New York, claiming that he was targeted by immigration authorities on account of his political advocacy in violation of the First Amendment. This complaint was brought as a habeas petition under 28 U.S.C. § 2241. The complaint was filed against ICE leadership, the Attorney General, and the Secretary of Homeland Security. The case was heard by Judge Kevin Castel, and the plaintiff was represented by private counsel alongside co-plaintiffs from the National Immigration Project of the National Lawyers Guild and other immigration advocacy organizations.

According to the complaint, U.S. immigration authorities engaged in a pattern and practice of targeting immigration rights activists on the basis of protected political speech. Further, it alleged that the plaintiff was targeted specifically in retaliation for his criticism of U.S. immigration policy. The complaint sought a declaration from the Court that the defendants’ retaliatory enforcement of the immigration laws against the plaintiff and other immigration activists amounted to a violation of the First Amendment. Further, the plaintiff requested that the Court issue a preliminary and permanent injunction (1) restraining the defendants from removing the plaintiff from the U.S. unless they were able to demonstrate that the action was “untainted by unlawful retaliation or discrimination against protected speech;” and (2) restraining the defendant from “selectively enforcing the immigration laws against any individual . . . based on the individual’s protected political speech about U.S. immigration law and policy.”

The same day that the complaint was filed, the Court issued a stay to prevent the plaintiff’s removal from the U.S. by immigration authorities while his motion for a preliminary injunction remained pending. On February 12, 2018, the plaintiff filed a separate motion for a preliminary injunction, reiterating the injunctive requests articulated in the complaint.

On May 23, 2018, the District Court dismissed the plaintiff’s motion for a preliminary injunction for lack of subject matter jurisdiction. 2018 WL 2338792. According to the Court, provisions of the Immigration and Nationality Act eliminated federal court jurisdiction to review a challenge to the execution of an order of removal. Section 1252(g) provides that, “no court shall have jurisdiction to hear any cause or claim arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.” The Court held that this provision foreclosed subject matter jurisdiction over any claim, including those alleging constitutional violations. Further, the Court concluded that since the plaintiff’s First Amendment challenge itself was not adequately supported, it was not necessary to determine whether this statutory limitation on subject matter jurisdiction was unconstitutional as applied to the plaintiff.

On May 25, the plaintiff appealed the District Court’s dismissal to the Second Circuit. Though the plaintiff requested on June 1, 2018, that the District Court maintain its stay on his removal pending the outcome of this appeal, the Court denied his motion on June 19. 2018 WL 3038494. On July 3, the plaintiff again sought a stay to prevent his removal, this time from the Second Circuit. The defendants moved to dismiss in the district court after the first request to stay was denied, but on July 19, the Second Circuit granted the plaintiff's second motion and stayed proceedings in the district court.

The Second Circuit vacated the District Court's holding on the First Amendment claim on April 25, 2019. 923 F.3d 53. According to the Second Circuit, the plaintiff’s advocacy constituted “core political speech” entitling it to the most vigilant protection available under First Amendment jurisprudence. Further, the Court held that the plaintiff’s claims, if true as to the retaliatory measures taken by the government, amounted to egregious misconduct. Finding that the plaintiff raised a valid First Amendment claim, the Court concluded that Section 1252(g) unconstitutionally restricted the plaintiff’s ability to have a court hear this claim as a habeas petition.

The Second Circuit directed the District Court to reconsider the plaintiff’s motion for a preliminary injunction in light of its holding. Further, it ordered the District Court to prevent the plaintiff’s removal until the District Court had the opportunity to assess whether a stay should remain in effect until reconsideration of the injunction, or through final adjudication of the merits. The government’s motion for a rehearing before the Second Circuit was denied on September 26, 2019.

The government filed a writ of certiorari with the U.S. Supreme Court appealing the Second Circuit's decision on December 23, 2019. The Supreme Court granted the petition for the writ of certiorari. On October 5, 2020, the Court issued an opinion vacating the Second Circuit's judgment and remanded the case to the Second Circuit for further consideration in light of its holding in Department of Homeland Security v. Thuraissigiam (140 S.Ct. 1959).

The case is ongoing as of November 17, 2020.

Coram Nobis Petition—District of New Jersey (2:17-cv-01256) and Third Circuit (19-01282)

On February 22, 2017, the plaintiff filed a petition for a writ of Coram Nobis in the U.S. District Court of the District of New Jersey. A writ of Coram Nobis seeks to correct a final judgment issued by a court in light of subsequently discovered fundamental errors. Through his petition, the plaintiff sought to have his 2001 criminal conviction overturned. Private counsel represented the plaintiff before Judge Kevin McNulty, who heard the petition. The plaintiff claimed that overly broad jury instructions enabled the jury to convict the plaintiff on the basis of conduct that was not fraudulent or otherwise criminal. Further, the plaintiff alleged that he was provided with ineffective assistance of counsel both during his trial and appellate proceedings.

On the day of the plaintiff’s January 11, 2018 arrest, the District Court stayed the plaintiff’s removal from the United States, pending final adjudication of this collateral challenge to his criminal conviction. This stay was litigated by the parties, and ultimately upheld on March 23, 2018. 2018 WL 1446407.

On January 25, 2019, the plaintiff’s Coram Nobis petition was dismissed by the District Court. Concerning the allegedly faulty jury instructions, the Court held that errors such as these cannot be considered sufficiently “fundamental” as to justify application of the writ. According to the court, since these errors were of the kind that could be corrected by a new trial, their existence could not sustain a collateral attack on a finalized judgment. Addressing the plaintiff’s claim to ineffective assistance of counsel, the court held that plaintiff’s counsel was either not deficient on the bases alleged, or the errors were not significant enough to warrant relief. Last, the Court held that the plaintiff’s failure to adequately justify the numerous intervening years between the filing of this petition and his conviction was also a ground to foreclose the relief sought.

On January 30, the plaintiff appealed the district court’s order to the Third Circuit, and submitted a motion to the trial court requesting that it maintain its stay blocking his removal pending appeal. On February 4, the district court denied the stay, stating that the court's authority to maintain the stay expired when it decided the Coram Nobis petition. The same day, the plaintiff filed a motion for an emergency stay before the Third Circuit. On February 27, the Third Circuit denied the plaintiff’s motion for a stay of his removal. This appeal remains ongoing.

Summary Authors

Ava Morgenstern (2/3/2018)

Charles Baeder (11/15/2019)

Chelsea Rinnig (1/12/2020)

Rachel Kreager (11/17/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6285823/parties/ragbir-v-sessions-iii/


Judge(s)

Castel, P. Kevin (New York)

Droney, Christopher Fitzgerald (New York)

Forrest, Katherine Bolan (New York)

Leval, Pierre Nelson (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Das, Alina (New York)

Rofe, Jessica Louise (New York)

Attorneys(s) for Defendant

Berman, Geoffrey S. (New York)

Kochevar, Steven J. (New York)

Waterman, Brandon M. (New York)

Judge(s)

Castel, P. Kevin (New York)

Droney, Christopher Fitzgerald (New York)

Forrest, Katherine Bolan (New York)

Leval, Pierre Nelson (New York)

Walker, John Mercer Jr. (New York)

Attorneys(s) for Plaintiff

Das, Alina (New York)

Rofe, Jessica Louise (New York)

Attorneys(s) for Defendant

Berman, Geoffrey S. (New York)

Kochevar, Steven J. (New York)

Waterman, Brandon M. (New York)

Documents in the Clearinghouse

Document

1:18-cv-00236

Docket [PACER]

Jan. 31, 2018

Jan. 31, 2018

Docket
1

1:18-cv-00236

Petition for Writ of Habeas Corpus

Jan. 11, 2018

Jan. 11, 2018

Complaint
12

1:18-cv-00236

Petitioner's Application for Order to Show Cause in Support of Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

Jan. 11, 2018

Jan. 11, 2018

Order/Opinion
17

1:18-cv-00236

Respondents' Memorandum of Law in Opposition to the Petitioner's Motion to Enforce the Court's January 11, 2018 Order, and in Support of the Respondent's Motion to Vacate Portions of the Court's January 11, 2018 Order

Jan. 12, 2018

Jan. 12, 2018

Pleading / Motion / Brief
13

1:18-cv-00236

Petitioner's Motion to Enforce the Court's Order of January 11, 2018

Jan. 12, 2018

Jan. 12, 2018

Pleading / Motion / Brief
19

1:18-cv-00236

Petitioner's Memorandum of Law in Opposition to Respondent's Motion to Vacate Portions of the Court's Order of January 11, 2018

Jan. 15, 2018

Jan. 15, 2018

Pleading / Motion / Brief
20

1:18-cv-00236

Respondents' Reply Memorandum in Further Support of its Motion to Vacate Portions of the Court's Order to Show Cause

Jan. 16, 2018

Jan. 16, 2018

Pleading / Motion / Brief
23

1:18-cv-00236

Respondent's Request for Petitioner's Transfer to ICE Facility

Jan. 17, 2018

Jan. 17, 2018

Pleading / Motion / Brief
21

1:18-cv-00236

Amended Petition for Writ of Habeas Corpus

Jan. 17, 2018

Jan. 17, 2018

Complaint
34

1:18-cv-00236

Respondents' Memorandum of Law in Opposition to Petitioner's Amended Petition for Writ of Habeas Corpus

Jan. 19, 2018

Jan. 19, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6285823/ragbir-v-sessions-iii/

Last updated May 31, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number 0208-14563631)Document filed by Ravidath Lawrence Ragbir. (Attachments: # 1 Exhibit Ex. 1 - Request for Stay of Removal and Index of Exhibits, # 2 Exhibit Ex. 1-A - Forms G-28 Notices of Appearance, # 3 Exhibit Ex. 1-B - EADs_one page, # 4 Exhibit Ex. 1-C - Ragbir, Immigrant Visa and Alien Registration, # 5 Exhibit Ex. 1-D - Deborah Ragbir Birth Certificate, # 6 Exhibit Ex. 1-E - Marriage Certificate of Mr. Ragbir and Amy Gottlieb, # 7 Exhibit Ex. 1-F - Declaration of Amy Gottlieb, # 8 Exhibit Ex. 1-G - Passport of Amy Gottlieb, # 9 Exhibit Ex. 1-H - Judgment of Conviction, # 10 Exhibit Ex. 1-I - Notice of Custody Determination, # 11 Exhibit Ex. 1-J - BIA Decision 2007, # 12 Exhibit Ex. 1-K - Post Order Custody Review Worksheets, # 13 Exhibit Ex. 1-L - Decision to Continue Detention, # 14 Exhibit Ex. 1-M - Release Notification Under the Intensive Supervision Appearance Program, # 15 Exhibit Ex. 1-N - BIA Decision 2012, # 16 Exhibit Ex. 1-O - Proof of Compliance With OSUP, # 17 Exhibit Ex. 1-P - ICE Letters Granting Stays of Removal, # 18 Exhibit Ex. 1-Q Denial of Stay, # 19 Exhibit Ex. 2 - Castle Declaration for Habeas)(Das, Alina) (Entered: 01/11/2018)

1 Exhibit Ex. 1 - Request for Stay of Removal and Index of Exhibits

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2 Exhibit Ex. 1-A - Forms G-28 Notices of Appearance

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3 Exhibit Ex. 1-B - EADs_one page

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4 Exhibit Ex. 1-C - Ragbir, Immigrant Visa and Alien Registration

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5 Exhibit Ex. 1-D - Deborah Ragbir Birth Certificate

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6 Exhibit Ex. 1-E - Marriage Certificate of Mr. Ragbir and Amy Gottlieb

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7 Exhibit Ex. 1-F - Declaration of Amy Gottlieb

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8 Exhibit Ex. 1-G - Passport of Amy Gottlieb

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9 Exhibit Ex. 1-H - Judgment of Conviction

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10 Exhibit Ex. 1-I - Notice of Custody Determination

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11 Exhibit Ex. 1-J - BIA Decision 2007

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12 Exhibit Ex. 1-K - Post Order Custody Review Worksheets

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13 Exhibit Ex. 1-L - Decision to Continue Detention

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14 Exhibit Ex. 1-M - Release Notification Under the Intensive Supervision Appearanc

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15 Exhibit Ex. 1-N - BIA Decision 2012

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16 Exhibit Ex. 1-O - Proof of Compliance With OSUP

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17 Exhibit Ex. 1-P - ICE Letters Granting Stays of Removal

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18 Exhibit Ex. 1-Q Denial of Stay

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19 Exhibit Ex. 2 - Castle Declaration for Habeas

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Jan. 11, 2018

Jan. 11, 2018

RECAP
2

CIVIL COVER SHEET filed. (Das, Alina) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
3

NOTICE OF APPEARANCE by Alina Das on behalf of Ravidath Lawrence Ragbir. (Das, Alina) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
4

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Alina Das on behalf of Ravidath Lawrence Ragbir. (Das, Alina) Modified on 1/15/2018 (db). (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
5

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Alina Das on behalf of Ravidath Lawrence Ragbir. (Das, Alina) Modified on 1/15/2018 (db). (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
6

FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF APPEARANCE by Alina Das on behalf of Ravidath Lawrence Ragbir. (Das, Alina) Modified on 1/15/2018 (db). (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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. (laq)

Jan. 11, 2018

Jan. 11, 2018

PACER

Magistrate Judge Henry B. Pitman 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. (laq)

Jan. 11, 2018

Jan. 11, 2018

PACER

Case Designated ECF. (laq)

Jan. 11, 2018

Jan. 11, 2018

PACER
7

ORDER: The Court hereby VACATES the scheduling portion only of its Order to Show Cause dated January 11, 2018, and substitutes the following dates: 1. Respondents return shall be due not later than Thursday, January 18, 2018 (per the request in petitioners papers); 2. Petitioners reply shall be due not later than January 25, 2018 (per the request in petitioners papers); 3. The Court will hold a hearing on Ragbirs petition for writ of habeas corpus on Monday, January 29, 2018 at 11:00 a.m. 2. The other terms of the Courts Order to Show Cause dated January 11, 2018 shall remain in effect. Petitioner is directed to immediately serve this Order on Respondents by electronic means (and file proof of such service on the docket), and must also immediately confirm that Respondents have notice of this Order via telephone. (Signed by Judge Katherine B. Forrest on 1/11/2018) (jp) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
8

CERTIFICATE OF SERVICE of Certificate of Service served on Brandon Waterman, Assistant U.S. Attorney on 01/11/2018. Service was accepted by N/A. Service was made by N/A. Document filed by Ravidath Lawrence Ragbir. (Das, Alina) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
9

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Waterman, Brandon) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
10

NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Waterman, Brandon) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
11

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Order to Show Cause Filed in person on January 11, 2018. Document filed by Ravidath Lawrence Ragbir. Return Date set for 1/18/2018 at 11:59 PM. (Attachments: # 1 Text of Proposed Order Proposed Order to Show Cause, # 2 Affidavit Declaration of Brittany Castle in Support of Application for Order to Show Cause, # 3 Affirmation of Service, # 4 Exhibit Memorandum of Law in Support of Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief and in Support of Application for Order to Show Cause, # 5 Exhibit Exhibit 1 to Memorandum of Law, # 6 Exhibit Exhibit 2 to Memorandum of Law, # 7 Exhibit Exhibit 3 to Memorandum of Law)(Das, Alina) Modified on 1/15/2018 (db). (Entered: 01/11/2018)

1 Text of Proposed Order Proposed Order to Show Cause

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2 Affidavit Declaration of Brittany Castle in Support of Application for Order to

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3 Affirmation of Service

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4 Exhibit Memorandum of Law in Support of Petition for Writ of Habeas Corpus and C

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5 Exhibit Exhibit 1 to Memorandum of Law

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6 Exhibit Exhibit 2 to Memorandum of Law

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7 Exhibit Exhibit 3 to Memorandum of Law

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Jan. 11, 2018

Jan. 11, 2018

PACER
12

NOTICE of Order to Show Cause re: 7 Order, Set Motion and R&R Deadlines/Hearings, Set Hearings,,,,,,,,,. Document filed by Ravidath Lawrence Ragbir. (Das, Alina) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

RECAP

NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Alison J. Nathan is no longer assigned to the case. (bcu)

Jan. 12, 2018

Jan. 12, 2018

PACER
13

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Enforce Judgment Court's Order of January 11, 2018. Document filed by Ravidath Lawrence Ragbir. (Attachments: # 1 Affidavit Declaration of Alina Das in Support of Motion, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Ex. 1 to Motion, # 4 Exhibit Ex. 2 to Motion, # 5 Exhibit Ex. 3 to Motion, # 6 Affirmation of Service)(Das, Alina) Modified on 3/20/2018 (ldi). (Entered: 01/12/2018)

1 Affidavit Declaration of Alina Das in Support of Motion

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2 Text of Proposed Order Proposed Order

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3 Exhibit Ex. 1 to Motion

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4 Exhibit Ex. 2 to Motion

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5 Exhibit Ex. 3 to Motion

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6 Affirmation of Service

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Jan. 12, 2018

Jan. 12, 2018

PACER
14

NOTICE OF APPEARANCE by Joseph Nicholas Cordaro on behalf of Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Cordaro, Joseph) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
15

ORDER: On January 12, 2018, this action was transferred to the undersigned for all purposes. The undersigned hereby notifies the parties that she has previously taught a seminar entitled "Quantitative Methods" as an adjunct professor at New York University School of Law, and may do so again in the future. The Court does not believe that this poses any issues as to whether it should preside over this action, but if either party disagrees, such party shall so inform the Court not later than January 15, 2018. (Signed by Judge Katherine B. Forrest on 1/12/2018) (js) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
16

MOTION to Vacate Portions of the Court's Order Dated January 11, 2018. Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions.(Waterman, Brandon) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
17

MEMORANDUM OF LAW in Opposition re: 13 MOTION to Enforce Judgment Court's Order of January 11, 2018. AND in Support of the government's Motion to Vacate 16 . Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Waterman, Brandon) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER
18

DECLARATION of SDDO Pedro R. Crescente III in Opposition re: 13 MOTION to Enforce Judgment Court's Order of January 11, 2018.. Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Waterman, Brandon) (Entered: 01/12/2018)

Jan. 12, 2018

Jan. 12, 2018

PACER

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Alina Das to RE-FILE Document 5 Notice of Appearance, 4 Notice of Appearance, 6 Notice of Appearance. ERROR(S): Attorney filer does not match attorney signature. (db)

Jan. 15, 2018

Jan. 15, 2018

PACER
19

MEMORANDUM OF LAW in Opposition re: 16 MOTION to Vacate Portions of the Court's Order Dated January 11, 2018. . Document filed by Ravidath Lawrence Ragbir. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Table of Exhibits, # 11 Affirmation of Service)(Das, Alina) (Entered: 01/15/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Table of Exhibits

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11 Affirmation of Service

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Jan. 15, 2018

Jan. 15, 2018

PACER
20

REPLY MEMORANDUM OF LAW in Support re: 16 MOTION to Vacate Portions of the Court's Order Dated January 11, 2018. . Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Attachments: # 1 Exhibit A -- United Airlines Flight Information, # 2 Exhibit B - DNJ Stay Order)(Waterman, Brandon) (Entered: 01/16/2018)

1 Exhibit A -- United Airlines Flight Information

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2 Exhibit B - DNJ Stay Order

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Jan. 16, 2018

Jan. 16, 2018

PACER

Minute Entry for proceedings held before Judge Katherine B. Forrest: Hearing held on 1/16/2018. (jp)

Jan. 16, 2018

Jan. 16, 2018

PACER
21

AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus,,,,, against Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions.Document filed by Ravidath Lawrence Ragbir. Related document: 1 Petition for Writ of Habeas Corpus,,,,,. (Attachments: # 1 Letter to Hon. Judge Forrest enclosing Amended Petition, # 2 Affirmation of Service)(Das, Alina) (Entered: 01/17/2018)

1 Letter to Hon. Judge Forrest enclosing Amended Petition

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2 Affirmation of Service

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Jan. 17, 2018

Jan. 17, 2018

RECAP
22

ORDER: The Court directs the Government to file proof of the "travel document" referred to on the record in the January 16, 2018 hearing. The Government shall file a copy on the docket not later than 12:00 p.m. today, January 17, 2018, and include proof of the dates of issuance and expiry (if applicable). (Signed by Judge Katherine B. Forrest on 1/17/2018) (mro) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
23

LETTER addressed to Judge Katherine B. Forrest from Brandon M. Waterman dated January 17, 2018 re: Detention of petitioner. Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions.(Waterman, Brandon) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

RECAP
24

LETTER addressed to Judge Katherine B. Forrest from Brandon M. Waterman dated January 17, 2018 re: Travel Document. Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions. (Attachments: # 1 Travel Document, # 2 Email from Consulate)(Waterman, Brandon) (Entered: 01/17/2018)

1 Travel Document

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2 Email from Consulate

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Jan. 17, 2018

Jan. 17, 2018

PACER
25

MEMO ENDORSED on 23 Letter denying as moot 13 Motion to Enforce Judgment; denying 16 Motion to Vacate. ENDORSEMENT: Thank you. This saves judicial resources. Petitioner's motion at ECF No. 13 is therefore moot and is terminated. Briefing on the habeas petition shall proceed as previously ordered. The motion to vacate the stay (ECF No. 16) for lack of jurisdiction is DENIED for the reasons set forth on the record on 1/16/2018. (Signed by Judge Katherine B. Forrest on 1/17/2018) (js) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

RECAP
26

LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine B. Forrest from Brandon M. Waterman dated January 17, 2018. Document filed by Thomas Decker, Department Of Homeland Security, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions.(Waterman, Brandon) (Entered: 01/17/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER
27

ORDER granting 26 Letter Motion for Extension of Time to File Response/Reply. The Government's time to respond is extended until Friday, January 19, 2018 only. All other dates set forth in this Court's order at ECF No. 7 shall remain in effect. So Ordered. (Signed by Judge Katherine B. Forrest on 1/17/2018) (js) (Entered: 01/18/2018)

Jan. 17, 2018

Jan. 17, 2018

PACER

Set/Reset Deadlines: Department Of Homeland Security answer due 1/23/2018. (js)

Jan. 17, 2018

Jan. 17, 2018

PACER
28

LETTER MOTION for Extension of Time to File Response/Reply as to 27 Order on Motion for Extension of Time to File Response/Reply, addressed to Judge Katherine B. Forrest from Alina Das dated 01/18/2018. Document filed by Ravidath Lawrence Ragbir.(Das, Alina) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER
29

ORDER: terminating 28 Letter Motion for Extension of Time to File Response/Reply. Ordered. The Government was not granted an extension to 1/23. My Order specifically states the extension was only to 1/19. Do you nonetheless need an extension? (Signed by Judge Katherine B. Forrest on 1/18/2018) (ap) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

PACER

Set/Reset Deadlines: Responses due by 1/19/2018 (jp)

Jan. 19, 2018

Jan. 19, 2018

PACER

Set/Reset Deadlines: Thomas Decker answer due 1/19/2018; Scott Mechkowski answer due 1/19/2018; Kirstjen Nielsen answer due 1/19/2018; Jefferson Sessions, III answer due 1/19/2018; U.S. Department of Homeland Security answer due 1/19/2018. (jp)

Jan. 19, 2018

Jan. 19, 2018

PACER
30

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alina Das on behalf of Ravidath Lawrence Ragbir (Das, Alina) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
31

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Alina Das on behalf of Ravidath Lawrence Ragbir (Das, Alina) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
32

DECLARATION of Deputy Field Office Director Scott Mechkowski in Opposition re: 1 Petition for Writ of Habeas Corpus,,,,, 21 Amended Petition,. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, III, U.S. Department of Homeland Security. (Waterman, Brandon) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
33

RESPONSE re: 32 Declaration in Opposition, 21 Amended Petition, 1 Petition for Writ of Habeas Corpus,,,,, ("Gov't Return"). Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, III, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1 - ICE letter declining joint motion to reopen, # 2 Exhibit 2 - ICE letter revoking stay of removal, # 3 Exhibit 3 - ICE notice of revocation or release, # 4 Exhibit 4 - ICE notice of denial of stay)(Waterman, Brandon) (Entered: 01/19/2018)

1 Exhibit 1 - ICE letter declining joint motion to reopen

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2 Exhibit 2 - ICE letter revoking stay of removal

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3 Exhibit 3 - ICE notice of revocation or release

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4 Exhibit 4 - ICE notice of denial of stay

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Jan. 19, 2018

Jan. 19, 2018

PACER
34

MEMORANDUM OF LAW in Opposition re: 1 Petition for Writ of Habeas Corpus,,,,, 32 Declaration in Opposition, 21 Amended Petition, 33 Response,, . Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, III, U.S. Department of Homeland Security. (Waterman, Brandon) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
35

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Jessica Louise Rofe on behalf of Ravidath Lawrence Ragbir (Rofe, Jessica) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
36

NOTICE OF CHANGE OF ADDRESS by Jessica Louise Rofe on behalf of Ravidath Lawrence Ragbir. New Address: Washington Square Legal Services, Inc., 245 Sullivan Street, 5th Floor, New York, New York, USA 10012, 212-992-7245. (Rofe, Jessica) (Entered: 01/22/2018)

Jan. 22, 2018

Jan. 22, 2018

PACER
37

TRANSCRIPT of Proceedings re: argument held on 1/16/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2018. Redacted Transcript Deadline set for 2/26/2018. Release of Transcript Restriction set for 4/25/2018.(McGuirk, Kelly) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
38

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 1/16/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/25/2018)

Jan. 25, 2018

Jan. 25, 2018

PACER
39

REPLY MEMORANDUM OF LAW in Support re: 1 Petition for Writ of Habeas Corpus,,,,, . Document filed by Ravidath Lawrence Ragbir. (Attachments: # 1 Exhibit List, # 2 Exhibit A, Declaration of Alina Das, # 3 Exhibit B, Declaration of Rev. Juan Carlos Ruiz, # 4 Exhibit C, Declaration of Amy Gottlieb, # 5 Exhibit D, Order of District Court of New Jersey, # 6 Affirmation of Service)(Das, Alina) (Entered: 01/25/2018)

1 Exhibit List

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2 Exhibit A, Declaration of Alina Das

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3 Exhibit B, Declaration of Rev. Juan Carlos Ruiz

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4 Exhibit C, Declaration of Amy Gottlieb

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5 Exhibit D, Order of District Court of New Jersey

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6 Affirmation of Service

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Jan. 25, 2018

Jan. 25, 2018

RECAP
40

Amicus Curiae APPEARANCE entered by Jordan Wells on behalf of Amici Curiae New York Civil Liberties Union and American Civil Liberties Union.(Wells, Jordan) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
41

LETTER MOTION to File Amicus Brief addressed to Judge Katherine B. Forrest from Jordan Wells dated 1/28/2018. Document filed by Amici Curiae New York Civil Liberties Union and American Civil Liberties Union. (Attachments: # 1 Brief of Amici Curiae New York Civil Liberties Union and American Civil Liberties Union in Support of Ravidath Ragbir's Petition for a Writ of Habeas Corpus)(Wells, Jordan) (Entered: 01/26/2018)

1 Brief of Amici Curiae New York Civil Liberties Union and American Civil Liberti

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Jan. 26, 2018

Jan. 26, 2018

PACER
42

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Paige Austin on behalf of Amici Curiae New York Civil Liberties Union and American Civil Liberties Union (Austin, Paige) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
43

ORDER granting 41 Letter Motion to File Amicus Brief. Ordered. Accepted for filing. (Signed by Judge Katherine B. Forrest on 1/26/2018) (ras) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER
44

MEMORANDUM OF LAW in Support re: 11 MOTION for Order to Show Cause Filed in person on January 11, 2018. . Document filed by Amici Curiae Legal Scholars and Advocates. (Attachments: # 1 Leave to file amicus brief, # 2 Draft Order, # 3 Certificate of Service, # 4 Declaration and Exhibits)(Venetis, Penny) (Entered: 01/28/2018)

1 Leave to file amicus brief

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2 Draft Order

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3 Certificate of Service

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4 Declaration and Exhibits

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Jan. 28, 2018

Jan. 28, 2018

PACER
45

MEMO ENDORSEMENT on re: 44 Memorandum of Law in Support of Motion, filed by Amici Curiae Legal Scholars and Advocates. ENDORSEMENT: Ordered: Accepted as part of the submissions on the petition. (Signed by Judge Katherine B. Forrest on 1/29/2018) (mro) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
46

MEMO ENDORSEMENT on Delegation of Authority to the Directors, Detention and Removal and Investigations, and To Field Office Directors, Special Agents in Charge and Certain Other Officers of the Bureau of Immigration and Customs Enforcement. ENDORSEMENT: Ordered: Post to docket. (Signed by Judge Katherine B. Forrest on 1/29/2018) (mml) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

PACER
47

ENDORSED LETTER addressed to Alina Dasfrom Christopher Shanahan dated 1/4/2012 re: After a review of your client's alien file as well as the facts and circumstances presented in your request, I have decided to grant your request for an administrative Stay of Removal. ENDORSEMENT: Ordered: Post to docket. Rec'd at argument. (Signed by Judge Katherine B. Forrest on 1/29/2018) (mml) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

RECAP
48

OPINION & ORDER: Having carefully reviewed the submissions and entire record in this matter, and having heard the parties, the Court is convinced that it must grant the petition for habeas corpus. Constitutional principles of due process and the avoidance of unnecessary cruelty here allow and provide for an orderly departure. Petitioner is entitled to the freedom to say goodbye. Accordingly, it is hereby ORDERED that petitioner shall be immediately released from custody. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/29/2018) (mml) (Entered: 01/29/2018)

Jan. 29, 2018

Jan. 29, 2018

RECAP

Transmission to Judgments and Orders Clerk. Transmitted re: 48 Opinion to the Judgments and Orders Clerk. (mml)

Jan. 29, 2018

Jan. 29, 2018

PACER

Minute Entry for proceedings held before Judge Katherine B. Forrest: Oral Argument held on 1/29/2018 re: 1 Petition for Writ of Habeas Corpus, filed by Ravidath Lawrence Ragbir. (jp)

Jan. 29, 2018

Jan. 29, 2018

PACER
49

LETTER addressed to Judge Katherine B. Forrest from Alina Das, Esq. dated January 30, 2018 re: Request to retain jurisdiction. Document filed by Ravidath Lawrence Ragbir.(Das, Alina) (Entered: 01/30/2018)

Jan. 30, 2018

Jan. 30, 2018

RECAP
50

ORDER: The Court is in receipt of a letter from petitioner dated January 30, 2018, in which petitioner expresses concern about the timing of his pending deportation. (ECF No. 49.) As the parties no doubt appreciate, this Court's jurisdiction was premised solely on petitioner's detention; that is, habeas relief under 28 U.S.C. ยง 2241. Once petitioner was released, as he has been, this Courts jurisdiction terminated. This Court has no jurisdiction to grant any further relief. The Court provides this direction to the parties now so that if further claims are pursued, they should be pursued in the appropriate forum, or by way of a new action. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/31/2018) (mml) (Entered: 01/31/2018)

Jan. 31, 2018

Jan. 31, 2018

PACER
51

CLERK'S JUDGMENT re: 48 Memorandum & Opinion in favor of Ravidath Lawrence Ragbir against U.S. Department of Homeland Security, Jefferson Sessions, III, Kirstjen Nielsen, Scott Mechkowski, Thomas Decker. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated January 29, 2018, the petition for habeas corpus is granted. Petitioner is entitled to the freedom to say goodbye. Accordingly, it is hereby ORDERED that Petitioner shall be immediately released from custody. (Signed by Clerk of Court Ruby Krajick on 03/29/2018) (Attachments: # 1 Right to Appeal)(km) (Entered: 03/29/2018)

1 Right to Appeal

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March 29, 2018

March 29, 2018

PACER

Terminate Transcript Deadlines (km)

March 29, 2018

March 29, 2018

PACER
52

NOTICE OF APPEAL from 51 Clerk's Judgment,,. Document filed by Thomas Decker, Scott Mechkowski, Kirstjen Nielsen, Jefferson Sessions, III, U.S. Department of Homeland Security. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Waterman, Brandon) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER

Appeal Fee Not Required for 52 Notice of Appeal,. Appeal filed by U.S. Government. (nd)

May 25, 2018

May 25, 2018

PACER

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 52 Notice of Appeal,. (nd)

May 25, 2018

May 25, 2018

PACER

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 52 Notice of Appeal, filed by U.S. Department of Homeland Security, Kirstjen Nielsen, Jefferson Sessions, III, Thomas Decker, Scott Mechkowski were transmitted to the U.S. Court of Appeals. (nd)

May 25, 2018

May 25, 2018

PACER
53

TRUE COPY ORDER of USCA as to 52 Notice of Appeal, filed by U.S. Department of Homeland Security, Kirstjen Nielsen, Jefferson Sessions, III, Thomas Decker, Scott Mechkowski. USCA Case Number 18-1595. upon due consideration, it is hereby ORDERED that the Government's motion to dismiss this appeal is GRANTED, the district court's judgment granting Petitioner's 28 U.S.C. ยง 2241 petition is VACATED, and the case is REMANDED with instructions to dismiss the habeas petition to the extent it sought the unappealable relief that Petitioner has been granted.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/30/2019. (nd) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
54

MANDATE of USCA (Certified Copy) as to 52 Notice of Appeal, filed by U.S. Department of Homeland Security, Kirstjen Nielsen, Jefferson Sessions, III, Thomas Decker, Scott Mechkowski. USCA Case Number 18-1595. Upon due consideration, it is hereby ORDERED that the Government's motion to dismiss this appeal is GRANTED, the district court's judgment granting Petitioner's 28 U.S.C. ยง 2241 petition is VACATED, and the case is REMANDED with instructions to dismiss the habeas petition to the extent it sought the unappealable relief that Petitioner has been granted.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/01/2019. (nd) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER

Notice of Case Assignment/Reassignment

Nov. 1, 2019

Nov. 1, 2019

PACER

NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Katherine B. Forrest is no longer assigned to the case. (ad)

Nov. 1, 2019

Nov. 1, 2019

PACER
55

ORDER: In accordance with the Mandate issued in this action by the United States Court of Appeals for the Second Circuit, filed on November 1, 2019, the case is dismissed. (Signed by Judge Lorna G. Schofield on 11/4/2019) (cf) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER

Terminate Transcript Deadlines (cf)

Nov. 4, 2019

Nov. 4, 2019

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 11, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A detained LPR

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NYU Clinical Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Justice, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Discharge & termination plans

Family reunification

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

Deportation - criteria

Deportation - procedure

Detention - criteria

Detention - procedures

Status/Classification

Undocumented immigrants - rights and duties