Case: Barbecho v. Decker

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19337073)Document filed by Jose Molina, Oliver de Jesus Garcia Alejo, Josue Vallejo, Felipe Diaz Presbot, Milton Barbecho, Denis Lis, Fredy Olaya Lugo..(Van Houten Harper, Mary) (Entered: 04/05/2020)

CIVIL COVER SHEET filed..(Van Houten Harper, Mary) (Entered: 04/05/2020)

Notice to Attorney Regarding Case Opening Statistical Error Correction

Notice to Attorney Regarding Party Modification

Case Opening Initial Assignment Notice

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 https://nysd.uscourts.gov/judges/district-judges. 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)

Magistrate Judge James L. Cott 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)

Case Designated ECF. (pne)

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Mary Sameera Van Houten Harper. The party information for the following party/parties has been modified: Thomas Decker, Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pne)

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Mary Sameera Van Houten Harper. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne)

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Saenz Decl., # 2 Exhibit C.G.L. Decl., # 3 Exhibit Dioni Decl., # 4 Exhibit Legall Decl., # 5 Exhibit Martinez Decl., # 6 Exhibit Harper Decl.).(Van Houten Harper, Mary) (Entered: 04/08/2020)

NOTICE OF APPEARANCE by Emily Elizabeth Bretz on behalf of Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/08/2020)

ORDER with respect to 3 Motion for TRO: The Court is in receipt of Petitioners' application for an order to show cause and preliminary injunction and temporary restraining order filed on April 8, 2020. See Dkt. No. 3. The parties shall meet and confer and submit a proposed briefing schedule and time for a teleconference hearing on Petitioners' application by April 8, 2020 at 7 p.m. If the parties are unable to reach agreement, they shall submit their respective proposals separately by that time. The Court is available for a teleconference hearing in the afternoon of April 9, 2020 or on April 10, 2020. (Signed by Judge Alison J. Nathan on 4/8/2020) (jwh) (Entered: 04/08/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated April 8, 2020 re: Proposed Briefing Schedule and Teleconference. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 04/08/2020)

ORDER re: 6 Letter: The Court hereby adopts the parties' proposed briefing schedule. See Dkt. No. 6. A hearing on Petitioners' application for an order to show cause and preliminary injunction and temporary restraining order is hereby scheduled for April 10, 2020 at 12:00 p.m. The hearing will be held by telephone. At 12:00 p.m. on April 10, 2020, the parties shall call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 919-6964, followed by the pound (#) key. (Set Deadlines/Hearing as to 3 EMERGENCY MOTION for Temporary Restraining Order: Responses due by 4/9/2020, Replies due by 4/10/2020. Telephone Conference set for 4/10/2020 at 12:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 4/8/2020) (jwh) (Entered: 04/09/2020)

MEMORANDUM OF LAW in Opposition re: 3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/09/2020)

DECLARATION of Khristopher Dawson in Opposition re: 3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G).(Bretz, Emily) (Entered: 04/09/2020)

DECLARATION of Steven Ahrendt in Opposition re: 3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/09/2020)

DECLARATION of Captain Jennifer Moon in Opposition re: 3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/09/2020)

MEMORANDUM OF LAW in Support re: 3 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Supp. Declaration of Robert B. Greifinger, MD, # 2 Exhibit Supp. Declaration of Homer Venters).(Van Houten Harper, Mary) (Entered: 04/10/2020)

LETTER addressed to Judge Alison J. Nathan from Emily Bretz dated April 10, 2020 re: ICE Memorandum. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Exhibit 1).(Bretz, Emily) (Entered: 04/10/2020)

LETTER addressed to Judge Alison J. Nathan from Petitioners dated 04/10/2020 re: Supplemental Points. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Decl. from Diaz Partner).(Van Houten Harper, Mary) (Entered: 04/10/2020)

LETTER addressed to Judge Alison J. Nathan from Emily Bretz dated April 10, 2020 re: Supplemental Submission. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/10/2020)

LETTER addressed to Judge Alison J. Nathan from Petitioners dated April 10, 2020 re: Supplemental Authorities. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Errata Valenzuela Arias Order Granting TRO, # 2 Exhibit Valenzuela Arias Order Directing Parties to Propose Conditions).(Van Houten Harper, Mary) (Entered: 04/10/2020)

Minute Entry for proceedings held before Judge Alison J. Nathan: Hearing held on Petitioners' request for an order to show cause on their motion for a temporary restraining order and preliminary injunction. The motion was submitted. See transcript for complete details. (Court Reporter Kelly Surina) (aog) Modified on 4/27/2020 (Landers, Rigoberto).

LETTER addressed to Judge Alison J. Nathan from Petitioners dated April 13, 2020 re: Supplemental Evidence Regarding Petitioner Diaz. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Counsel Decl., # 2 Exhibit Dr. Chuang Letter).(Van Houten Harper, Mary) (Entered: 04/13/2020)

LETTER addressed to Judge Alison J. Nathan from Petitioners dated 04/13/2020 re: Supplemental Authorities. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Christian A.R. v. Decker (DNJ TRO)).(Van Houten Harper, Mary) (Entered: 04/13/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated April 15, 2020 re: Extension of Time to Submit Proposed Conditions of Release. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 04/15/2020)

OPINION AND ORDER. For the foregoing reasons, the Court GRANTS IN PART AND DENIES IN PART Petitioners' motion for a temporary restraining order. The Court GRANTS the motion with respect to Petitioners Vallejo, Barbecho, and Lis and orders Respondents to IMMEDIATELY RELEASE them on reasonable conditions. The parties are hereby ordered to meet and confer and propose reasonable bond conditions by no later than 12 p.m. on April 15, 2020. The Court DENIES the motion with respect to Petitioners Diaz, Olaya Lugo, Molina, and Garcia Alejo. The temporary restraining order will expire on April 28, 2020. No later than April 20, 2020, Respondents must show cause why it should not be converted to a preliminary injunction. Petitioners may file a response no later than April 26, 2020. This resolves Dkt. No. 3. SO ORDERED. re: 3 EMERGENCY MOTION for Temporary Restraining Order filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. (Signed by Judge Alison J. Nathan on 4/14/2020) (rjm) (Entered: 04/15/2020)

LETTER MOTION for Extension of Time to Submit Proposed Conditions of Release addressed to Judge Alison J. Nathan from Emily Bretz dated April 15, 2020. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/15/2020)

MEMO ENDORSEMENT on re: 19 Letter Extension of Time to Submit Proposed Conditions of Release, filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/15/20) (yv) (Entered: 04/15/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated April 15, 2020 re: Proposed Conditions of Release. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 04/15/2020)

ORDER re: 23 Letter, filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. The Court is in receipt of the parties April 15, 2020 joint letter. Dkt. No. 23. The Court hereby adopts Respondents' conditions of release and supervision with the following modifications: 1. The prohibition against associating with "known criminals" is vague and overbroad and thus the Court will not impose it. 2. Respondents may not re-detain Petitioners once any state or locally issued mitigation orders are lifted unless they first seek and obtain permission from the Court to do so. 3. Either party may seek modifications of the conditions of release and supervision, including conditions that apply to re-detention, in light of material changes. The parties shall submit a proposed order of release in accord with the foregoing by 1 p.m. on April 16, 2020. (Signed by Judge Alison J. Nathan on 4/16/2020) (va) (Entered: 04/16/2020)

Notice to Court Regarding Proposed Order

PROPOSED ORDER. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 04/16/2020)

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 25 Proposed Order was reviewed and approved as to form. (dt)

ORDER. On April 14, 2020, the Court granted an application for a temporary restraining order with respect to Josue Manrique Vallejo, Denis Lis, and Milton Barbecho ("Petitioners"), ECF No. 20, and directed the parties to propose reasonable conditions of release for Petitioners. Having reviewed the parties' proposed conditions, it is ORDERED that Petitioners shall be released on the following conditions: 1. Petitioners shall comply with all national, state, local and CDC-issued guidelines and orders regarding COVID-19. Specifically, Petitioners shall comply with the New York Executive Order 202.6 ("EO 202.6"), as long as it is in effect, in that they must remain in their home with lawful allowances for activities such as obtaining food and other necessities, obtaining medical and mental health treatment, and working. 2. Independent of EO 202.6, Petitioners shall be subject to home confinement and may not leave the state of their residence without prior permission from ICE; Petitioners may leave their homes for activities such as obtaining food and other necessities, obtaining medical and mental health treatment, and, to the extent Petitioners have been granted authorization to lawfully work in the United States, employment, if their employment is considered essential under state executive orders regarding COVID-19. 3. Petitioner Vallejo shall not be permitted to operate a motor vehicle, and as further specified and set forth in this Order. So ordered. (Signed by Judge Alison J. Nathan on 4/16/2020) (rjm) (Entered: 04/16/2020)

MEMORANDUM OF LAW in Opposition re: 3 EMERGENCY MOTION for Temporary Restraining Order . and Opposition to Motion for Preliminary Injunction. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Bretz, Emily) (Entered: 04/20/2020)

DECLARATION of Steven Ahrendt (dated April 14, 2020) in Opposition re: 3 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 04/20/2020)

LETTER MOTION for Leave to File Declaration addressed to Judge Alison J. Nathan from Emily Bretz dated April 21, 2020. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Exhibit).(Bretz, Emily) (Entered: 04/21/2020)

NOTICE OF APPEARANCE by Brooke Menschel on behalf of Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Menschel, Brooke) (Entered: 04/25/2020)

FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus, against Thomas Decker, Chad Wolf.Document filed by Jose Molina, Oliver de Jesus Garcia Alejo, Josue Vallejo, Felipe Diaz Presbot, Milton Barbecho, Denis Lis, Fredy Olaya Lugo. Related document: 1 Petition for Writ of Habeas Corpus,..(Van Houten Harper, Mary) (Entered: 04/26/2020)

BRIEF re: 20 Memorandum & Opinion,,,, in Support of Conversion to Preliminary Injunction. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Dr. Gonsalves Decl., # 2 Exhibit Barbecho Decl., # 3 Exhibit Amaya Velasquez Decl.).(Van Houten Harper, Mary) (Entered: 04/27/2020)

ORDER. By April 27, 2020 at 6 p.m., the parties shall submit a joint letter informing the Court whether they seek an evidentiary hearing on Petitioners motion for a preliminary injunction or whether they consent to the motion being resolved on the papers, with oral argument if needed. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/27/2020) (rjm) (Entered: 04/27/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated April 27, 2020 re: Response to Order (ECF No. 33). Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 04/27/2020)

ORDER. The Court, having considered the parties' positions in response to its order to show cause why the temporary restraining order should not be converted to a preliminary injunction, see Dkt. No. 20, hereby ORDERS that the TRO shall remain in effect until May 12, 2020. The Court finds that good cause exists under Rule 65(b)(2) of the Federal Rules of Civil Procedure to extend the TRO for an additional 14 days, because such time will allow the Court to consider the record and because the extension is supported by the reasons stated in the Court's decision granting the TRO. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/28/2020) (rjm) (Entered: 04/28/2020)

NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Kyle Barron on behalf of Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo.(Barron, Kyle) (Entered: 04/29/2020)

EMERGENCY MOTION for Temporary Restraining Order . Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Diaz Dr. Letter, # 2 Diaz Release Request, # 3 Diaz Medical Records, # 4 Diaz Wife Decl., # 5 Garcia Alejo Dr. Letter, # 6 Garcia Alejo Release Request, # 7 Garcia Alejo Medical Records, # 8 Garcia Alejo Family and SW Decls., # 9 Olaya Lugo Dr. Letter, # 10 Olaya Lugo Release Request, # 11 Olaya Lugo Medical Records, # 12 Molina Dr. Letter, # 13 Molina Release Request, # 14 Molina Medical Records, # 15 Harper Decl., # 16 Gonsalves Am. Decl., # 17 Saenz Updated Decl., # 18 Ferreyra Decl., # 19 Apiti Decl., # 20 Villiers Decl.).(Van Houten Harper, Mary) (Entered: 05/07/2020)

LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 7, 2020 re: Proposed Briefing Schedule and Teleconference. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 05/07/2020)

MEMO ENDORSEMENT on re: 38 LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 7, 2020 re: Proposed Briefing Schedule and Teleconference. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. ENDORSEMENT: So ordered. (Responses due by 5/8/2020. Replies due by 5/9/2020.) (Telephone Conference set for 5/11/2020 at 12:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 5/7/2020) (rjm) (Entered: 05/08/2020)

ORDER. The Court is in receipt of Petitioners' application for an order to show cause and preliminary injunction and temporary restraining order with respect to Petitioners Diaz, Garcia Alejo, Olaya Lugo, and Molina filed on May 7, 2020. See Dkt. No. 37. The parties shall meet and confer and submit a proposed briefing schedule and availability for a teleconference hearing on Petitioners' application by May 7, 2020 at 9 p.m. If the parties are unable to reach agreement, they shall submit their respective proposals separately by that time. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/7/2020) (rjm) (Entered: 05/08/2020)

MEMORANDUM OF LAW in Opposition re: 37 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Exhibit 1).(Bretz, Emily) (Entered: 05/08/2020)

DECLARATION of Steven Ahrendt in Opposition re: 37 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 05/08/2020)

DECLARATION of Steven Ahrendt, Supplemental in Opposition re: 37 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 05/08/2020)

DECLARATION of Dr. Michael Hemsley in Opposition re: 37 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Thomas Decker, Chad Wolf..(Bretz, Emily) (Entered: 05/08/2020)

LETTER addressed to Judge Alison J. Nathan from Brooke Menschel dated May 9, 2020 re: Request for Enlarged Brief. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Menschel, Brooke) (Entered: 05/09/2020)

REPLY MEMORANDUM OF LAW in Support re: 37 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Dr. Darwish Supp Letter re Diaz, # 2 Dr. Hoang Supp Letter re Diaz, # 3 Dr. Hoang Supp Letter re Molina, # 4 Barbagiannis Decl., # 5 Finkelstein Decl., # 6 ICE Denial Letters).(Van Houten Harper, Mary) (Entered: 05/09/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 10, 2020 re: Response to Order re Request for Evidentiary Hearing. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 05/10/2020)

ORDER. By May 10, 2020 at 8 p.m., the parties shall submit a joint letter informing the Court whether they seek an evidentiary hearing on Petitioners' motion for a temporary restraining order, Dkt. No. 37, or whether they consent to the motion being resolved on the papers, with oral argument if needed. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/10/2020) (rjm) (Entered: 05/11/2020)

ORDER. Because the parties do not seek an evidentiary hearing on Petitioners' motion for a temporary restraining order, see Dkt. No. 47, and oral argument is unnecessary in light of the Court's familiarity with this case, the Court hereby adjourns the hearing currently scheduled for May 11, 2020 at 12 p.m., see Dkt. No. 39. SO ORDERED. The following hearing(s) was terminated: Telephone Conference. (Signed by Judge Alison J. Nathan on 5/10/2020) (rjm) (Entered: 05/11/2020)

OPINION & ORDER re: 37 EMERGENCY MOTION for Temporary Restraining Order . filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. For the foregoing reasons, the Court GRANTS Petitioners' motion and CONVERTS the temporary restraining order in place with respect to Petitioners Vallejo, Barbecho, and Lis into a preliminary injunction. These Petitioners shall remain released, subject to conditions to be set by the Court. It is SO ORDERED that the parties shall meet and confer and propose reasonable conditions of release for each Petitioner by May 13, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/11/2020) (ks) (Entered: 05/11/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 13, 2020 re: Request for Extension of Time to Propose Conditions of Release. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 05/13/2020)

MEMO ENDORSEMENT on re: 51 Letter, filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 5/14/2020) (va) (Entered: 05/14/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 15, 2020 re: Extension of Time to Submit Proposed Conditions of Release. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 05/15/2020)

ORDER. For the foregoing reasons, the Court GRANTS Petitioners' motion for a temporary restraining order and orders Respondents to IMMEDIATELY RELEASE Petitioners Diaz, Olaya Lugo, Molina, and Garcia Alejo on reasonable conditions. The parties are hereby ordered to meet and confer and propose reasonable bond conditions by no later than 5 p.m. on May 15, 2020. The temporary restraining order will expire on May 29, 2020. No later than May 18, 2020 the parties shall meet and confer and propose a briefing schedule, to the extent necessary, on the question of whether the temporary restraining order should be converted into a preliminary injunction. This resolves Dkt. No. 37. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/15/2020) (rjm) (Entered: 05/15/2020)

MEMO ENDORSEMENT on re: 53 Letter, filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. ENDORSEMENT: The parties' requests are hereby Granted. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/15/2020) (ama) (Entered: 05/15/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 15, 2020 re: Proposed Conditions of Release. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 05/15/2020)

ORDER. The Court is in receipt of the parties' May 15, 2020 joint letter. Dkt. No. 56. The Court hereby adopts Respondents' conditions of release and supervision with the following modifications: 1. The prohibition against associating with "known criminals" is vague and overbroad and thus the Court will not impose it. 2. Respondents may not re-detain Petitioners once any state or locally issued mitigation orders are lifted unless they first seek and obtain permission from the Court to do so. 3. Either party may seek modifications of the conditions of release and supervision, including conditions that apply to re-detention, in light of material changes in circumstances. The parties shall submit a proposed order of release in accord with the foregoing by 6 p.m. on May 18, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/18/2020) (rjm) (Entered: 05/18/2020)

PROPOSED ORDER. Document filed by Thomas Decker, Chad Wolf. Related Document Number: 57 ..(Bretz, Emily) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 05/18/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 18, 2020 re: Briefing on Conversion of May 15 TRO to PI. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 05/18/2020)

Notice to Court Regarding Proposed Order

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 58 Proposed Order was reviewed and approved as to form. (dt)

ORDER: On May 15, 2020, the Court granted an application for a temporary restraining order with respect to Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Fredy Orlando Olaya Lugo and Jose Molina ("Petitioners"), ECF No. 57, and directed the parties to propose reasonable conditions of release for Petitioners. Having reviewed the parties' proposed conditions, it is ORDERED that Petitioners shall be released on the following conditions: Petitioners shall comply with all national, state, local and CDC-issued guidelines and orders regarding COVID-19. Specifically, Petitioners shall comply with the New York and New Jersey Executive Orders regarding COVID-19, as long as they are in effect, in that they must remain in their home with lawful allowances for activities such as obtaining food and other necessities, obtaining medical and mental health treatment, and working. Additionally, Petitioners shall be subject to home confinement and may not leave the state of their residence without prior permission from ICE; Petitioners may leave their homes for activities such as obtaining food and other necessities, obtaining medical and mental health treatment, and, to the extent Petitioners have been granted authorization to lawfully work in the United States, employment, if their employment is considered essential under state executive orders regarding COVID-19, as long as the state orders are in effect. Petitioners shall be subject to telephonic monitoring by ICE and further set forth in this Order. (Signed by Judge Alison J. Nathan on 5/19/2020) (rro) (Entered: 05/19/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 19, 2020 re: Conditions of Release for PI (ECF No. 50). Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Barbecho Decl., # 2 Exhibit Barbecho Letters of Support, # 3 Exhibit Barbecho Crim Att'y Letter, # 4 Exhibit Lis Decl., # 5 Exhibit Lis Crim Att'y Letter, # 6 Exhibit Vallejo Decl., # 7 Exhibit Vallejo Letters of Support).(Van Houten Harper, Mary) (Entered: 05/19/2020)

MEMO ENDORSEMENT on re: 61 JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated May 19, 2020 re: Conditions of Release for PI (ECF No. 50). Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. ENDORSEMENT: The conditions imposed by the Court on April 16, 2020, see Dkt. No. 26, remain in place except that (1) the Court will no longer require electronic monitoring for Petitioners Barbecho and Lis; (2) Petitioner Vallejo may be subject to home confinement at the three residences listed in the parties' May 19, 2020 letter; and (3) Respondents may not redetain Petitioners for more than three days for the purpose of executing a valid removal order without the Court's permission. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/26/2020) (rjm) (Entered: 05/26/2020)

ORDER: The Court hereby ORDERS that the TRO with respect to Petitioners Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Fredy Orlando Olaya Lugo, and Jose Molina shall remain in effect until June 12, 2020. The Court finds that good cause exists under Rule 65(b)(2) of the Federal Rules of Civil Procedure to extend the TRO for an additional 14 days, because such time will allow the Court to consider the record and because the extension is supported by the reasons stated in the Courts decision granting the TRO. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/29/2020) (jca) (Entered: 05/29/2020)

ORDER: Accordingly, the Court GRANTS Petitioners' motion and CONVERTS the temporary restraining order in place with respect to Petitioners Diaz, Olaya Lugo, Molina, and Garcia Alejo into a preliminary injunction. These Petitioners shall remain released, subject to conditions to be set by the Court. It is SO ORDERED that the parties shall meet and confer and propose reasonable conditions of release for each Petitioner by June 17, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/12/2020) (jca) (Entered: 06/12/2020)

LETTER MOTION for Extension of Time to Propose Conditions of Release addressed to Judge Alison J. Nathan from Emily Bretz dated June 16, 2020. Document filed by Thomas Decker..(Bretz, Emily) (Entered: 06/16/2020)

JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated June 17, 2020 re: Proposed Conditions of Release in Response to ECF No. 64. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Van Houten Harper, Mary) (Entered: 06/17/2020)

LETTER addressed to Judge Alison J. Nathan from Emily Bretz dated June 19, 2020 re: Supplemental Submission re: Conditions of Release. Document filed by Thomas Decker, Chad Wolf. (Attachments: # 1 Exhibit 1 - RAP Sheets).(Bretz, Emily) (Entered: 06/19/2020)

LETTER addressed to Judge Alison J. Nathan from Petitioners dated June 19, 2020 re: Supplemental Submission re: Conditions of Release. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit Diaz Decl., # 2 Exhibit Diaz Letters of Support, # 3 Exhibit Garcia Alejo Decl., # 4 Exhibit Garcia Alejo Social Work Decl., # 5 Exhibit Garcia Alejo Letters of Support, # 6 Exhibit Garcia Alejo CODs, # 7 Exhibit Molina Decl., # 8 Exhibit Molina Letters of Support, # 9 Exhibit Molina COD and Crim Att'y Letter, # 10 Exhibit Olaya Lugo Decl., # 11 Exhibit Olaya Lugo Letters of Support, # 12 Exhibit Olaya Lugo Crim Att'y Letter, # 13 Exhibit Diaz's Counsel Correspondence with ICE).(Van Houten Harper, Mary) (Entered: 06/19/2020)

NOTICE OF APPEAL from 50 Memorandum & Opinion,, 64 Order,,. Document filed by Thomas Decker, Chad Wolf. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Bretz, Emily) (Entered: 07/10/2020)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 69 Notice of Appeal. (tp)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 69 Notice of Appeal filed by Chad Wolf, Thomas Decker were transmitted to the U.S. Court of Appeals. (tp)

Transmission of Notice of Appeal and Docket Sheet to USCA

Appeal Record Sent to USCA - Electronic File

LETTER addressed to Judge Alison J. Nathan from Petitioners dated July 21, 2020 re: Petitioner Diaz's Medical Injuries. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. (Attachments: # 1 Exhibit E-Mail Correspondence with ICE, # 2 Exhibit Dr.'s Letter re Injuries).(Van Houten Harper, Mary) (Entered: 07/21/2020)

MEMO ENDORSEMENT on 66 JOINT LETTER addressed to Judge Alison J. Nathan from Petitioners dated June 17, 2020 re: Proposed Conditions of Release in Response to ECF No. 64. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo. ENDORSEMENT: Having considered the parties' submissions at Dkt. Nos. 66-68, the Court concludes that the conditions previously imposed on May 19, 2020, see Dkt. No. 60, shall remain in place. To the extent such a requirement exists, ICE's requirement that Petitioners stay home on certain weekdays every week for home visits by ICE without leaving the home for any purpose is reasonable and consistent with the other conditions imposed by the Court. This resolves Dkt. No. 65. SO ORDERED. Terminating 65 LETTER MOTION for Extension of Time to Propose Conditions of Release addressed to Judge Alison J. Nathan from Emily Bretz dated June 16, 2020. Document filed by Thomas Decker. (Signed by Judge Alison J. Nathan on 7/23/2020) (rjm) (Entered: 07/24/2020)

SEALED DOCUMENT placed in vault.(mhe) (Entered: 09/02/2020)

Sealed Document

LETTER addressed to Judge Alison J. Nathan from Kyle Barron dated 10/23/2020 re: Sealed Document Inquiry. Document filed by Milton Barbecho, Felipe Diaz Presbot, Oliver de Jesus Garcia Alejo, Denis Lis, Jose Molina, Fredy Olaya Lugo, Josue Vallejo..(Barron, Kyle) (Entered: 10/23/2020)

NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Thomas Decker, Chad Wolf..(Connolly, Christopher) (Entered: 10/23/2020)

MANDATE of USCA (Certified Copy) as to 69 Notice of Appeal filed by Chad Wolf, Thomas Decker. USCA Case Number 20-2207. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/29/2020..(nd) (Entered: 10/30/2020)

MEMO ENDORSEMENT: on re: 73 Letter filed by Felipe Diaz Presbot, Fredy Olaya Lugo, Milton Barbecho, Jose Molina, Denis Lis, Josue Vallejo, Oliver de Jesus Garcia Alejo. ENDORSEMENT: The document was filed in error, and the Court can confirm that no document has been filed under seal in this matter. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/30/2020) (ama) (Entered: 10/30/2020)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 54 Memorandum & Opinion. (sjo) (Entered: 02/11/2021)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 54 Memorandum & Opinion. (sjo) (Entered: 02/11/2021)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 54 Memorandum & Opinion. (sjo) (Entered: 02/11/2021)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 54 Memorandum & Opinion. (sjo) (Entered: 02/11/2021)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 54 Memorandum & Opinion. (sjo) (Entered: 02/11/2021)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 20 Memorandum & Opinion. (sjo) (Entered: 02/18/2021)