1
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COMPLAINT against Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf. (Filing Fee $ 400.00, Receipt Number ANYSDC-18963029)Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
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Feb. 28, 2020
PACER
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2
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CIVIL COVER SHEET filed..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
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3
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REQUEST FOR ISSUANCE OF SUMMONS as to Thomas R. Decker, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
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4
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REQUEST FOR ISSUANCE OF SUMMONS as to Matthew Albence, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
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5
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FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) Modified on 3/2/2020 (jgo). (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
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6
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FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) Modified on 3/2/2020 (jgo). (Entered: 02/28/2020)
|
Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
7
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REQUEST FOR ISSUANCE OF SUMMONS as to Chad Wolf, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
8
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REQUEST FOR ISSUANCE OF SUMMONS as to Carl E. DuBois, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
9
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MOTION to Certify Class . Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
10
|
MEMORANDUM OF LAW in Support re: 9 MOTION to Certify Class . . Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
11
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DECLARATION of Jose L. Velesaca in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
12
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DECLARATION of David Hausman in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca. (Attachments: # 1 Exhibit A).(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
13
|
DECLARATION of Sarah Deri Oshiro in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
14
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DECLARATION of Robert Hodgson in Support re: 9 MOTION to Certify Class .. Document filed by Jose L. Velesaca. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19).(Belsher, Amy) (Entered: 02/28/2020)
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Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
15
|
NOTICE OF APPEARANCE by Amy Belsher on behalf of Jose L. Velesaca..(Belsher, Amy) (Entered: 02/28/2020)
|
Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
16
|
NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of Jose L. Velesaca..(Hodgson, Robert) (Entered: 02/28/2020)
|
Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
17
|
NOTICE OF APPEARANCE by Christopher T Dunn on behalf of Jose L. Velesaca..(Dunn, Christopher) (Entered: 02/28/2020)
|
Feb. 28, 2020
|
Feb. 28, 2020
PACER
|
18
|
ELECTRONIC SUMMONS ISSUED as to Carl E. DuBois..(jgo) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
19
|
ELECTRONIC SUMMONS ISSUED as to Chad Wolf..(jgo) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
20
|
ELECTRONIC SUMMONS ISSUED as to Matthew Albence..(jgo) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
21
|
ELECTRONIC SUMMONS ISSUED as to Thomas R. Decker..(jgo) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
22
|
NOTICE OF APPEARANCE by Niji Jain on behalf of Jose L. Velesaca..(Jain, Niji) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
23
|
REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
24
|
REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 03/02/2020)
|
March 2, 2020
|
March 2, 2020
PACER
|
|
Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
|
March 2, 2020
|
March 2, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amy Belsher to RE-FILE Document No. 6 Request for Issuance of Summons, 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text and the PDF 'To' section does not exactly match as it appears on pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
|
March 2, 2020
|
March 2, 2020
PACER
|
|
Case Opening Initial Assignment Notice
|
March 2, 2020
|
March 2, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amy Belsher. 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 Orange;. (jgo)
|
March 2, 2020
|
March 2, 2020
PACER
|
|
Notice to Attorney Regarding Case Opening Statistical Error Correction
|
March 2, 2020
|
March 2, 2020
PACER
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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..(jgo)
|
March 2, 2020
|
March 2, 2020
PACER
|
|
Case Designated ECF. (jgo)
|
March 2, 2020
|
March 2, 2020
PACER
|
|
Notice to Attorney Regarding Deficient Request for Issuance of Summons
|
March 2, 2020
|
March 2, 2020
PACER
|
25
|
NOTICE OF APPEARANCE by Megan Sallomi on behalf of Jose L. Velesaca..(Sallomi, Megan) (Entered: 03/03/2020)
|
March 3, 2020
|
March 3, 2020
PACER
|
26
|
ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(dnh) (Entered: 03/03/2020)
|
March 3, 2020
|
March 3, 2020
PACER
|
27
|
ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement..(dnh) (Entered: 03/03/2020)
|
March 3, 2020
|
March 3, 2020
PACER
|
28
|
NOTICE OF APPEARANCE by Jennifer Rolnick Borchetta on behalf of Jose L. Velesaca..(Borchetta, Jennifer) (Entered: 03/09/2020)
|
March 9, 2020
|
March 9, 2020
PACER
|
29
|
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Carl E. DuBois served on 3/9/2020, answer due 3/30/2020. Service was accepted by Carol Pierce, Chief Assistant to County Attorney; also, Paul Artera, Captain. Document filed by Jose L. Velesaca..(Belsher, Amy) (Entered: 03/10/2020)
|
March 10, 2020
|
March 10, 2020
PACER
|
30
|
SUMMONS RETURNED EXECUTED Summons and Complaint, served. Matthew Albence served on 3/4/2020, answer due 3/25/2020; Thomas R. Decker served on 3/4/2020, answer due 3/25/2020; United States Department of Homeland Security served on 3/4/2020, answer due 3/25/2020; United States Immigration and Customs Enforcement served on 3/4/2020, answer due 3/25/2020; Chad Wolf served on 3/4/2020, answer due 3/25/2020. Service was accepted by Derick Mayers, Civil Clerk. Service was made by Mail. Document filed by Jose L. Velesaca. (Attachments: # 1 Exhibit A).(Belsher, Amy) (Entered: 03/10/2020)
|
March 10, 2020
|
March 10, 2020
PACER
|
31
|
FIRST AMENDED PETITION amending 1 Complaint, against Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf.Document filed by Jose L. Velesaca, Abraham Carlo Uzategui. Related document: 1 Complaint,..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
32
|
AMENDED MOTION to Certify Class . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
33
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE 34 Memorandum) - AMENDED MOTION to Certify Class Memorandum of Law in Support of Amended Motion to Certify Class. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) Modified on 4/10/2020 (db). (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
34
|
MEMORANDUM OF LAW in Support re: 32 AMENDED MOTION to Certify Class . . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
35
|
DECLARATION of ABRAHAM CARLO UZATEGUI in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
36
|
DECLARATION of JOSE L. VELESACA in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
37
|
DECLARATION of DAVID HAUSMAN in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
38
|
DECLARATION of SARAH DERI OSHIRO in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
39
|
DECLARATION of ROBERT HODGSON in Support re: 32 AMENDED MOTION to Certify Class .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit).(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
40
|
MOTION for Preliminary Injunction . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
41
|
MEMORANDUM OF LAW in Support re: 40 MOTION for Preliminary Injunction . . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
42
|
DECLARATION of DR. JAIMIE MEYER in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
43
|
DECLARATION of MARINDA VAN DALEN in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
44
|
DECLARATION of ANDREA SAENZ in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
45
|
DECLARATION of ROBERT HODGSON in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
46
|
MOTION to Seal Motion for Leave to File Document Under Seal., MOTION for Leave to File Psychological Evaluation under seal . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
47
|
MEMORANDUM OF LAW in Support re: 46 MOTION to Seal Motion for Leave to File Document Under Seal. MOTION for Leave to File Psychological Evaluation under seal . . Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/16/2020)
|
March 16, 2020
|
March 16, 2020
PACER
|
48
|
LETTER addressed to Judge Alvin K. Hellerstein from Robert Hodgson dated March 17, 2020 re: Request for expedited conference regarding the petitioners motion for a preliminary injunction. Document filed by Abraham Carlo Uzategui, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/17/2020)
|
March 17, 2020
|
March 17, 2020
PACER
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert Andrew Hodgson. The party information for the following party/parties has been modified: Abraham Carlo Uzategui Navarro. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo)
|
March 17, 2020
|
March 17, 2020
PACER
|
|
Notice to Attorney Regarding Party Modification
|
March 17, 2020
|
March 17, 2020
PACER
|
49
|
MEMO ENDORSEMENT on re: 48 Letter, filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca. ENDORSEMENT: Respondents shall file their opposition on March 23, 2020. Petitioners shall file a reply on March 25, 2020. The Court will hold a hearing on March 27, 2020 at 2:30pm. The hearing will take place by telephone and the Court will reach out to the parties with call-in information. (Responses due by 3/23/2020, Replies due by 3/25/2020., Telephone Conference set for 3/27/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/18/2020) (jca) (Entered: 03/18/2020)
|
March 18, 2020
|
March 18, 2020
PACER
|
50
|
MEMO ENDORSED ORDER granting 46 Motion to Seal; granting 46 Motion for Leave to File Document. ENDORSEMENT: Motion granted. (Signed by Judge Alvin K. Hellerstein on 3/18/20) (yv) (Entered: 03/18/2020)
|
March 18, 2020
|
March 18, 2020
RECAP
|
51
|
ORDER: The telephonic hearing scheduled in this case for March 27, 2020, is hereby adjourned to March 30, 2020, at 2:30 p.m., and will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. ( Telephone Conference set for 3/30/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/20/2020) (mro) (Entered: 03/20/2020)
|
March 20, 2020
|
March 20, 2020
RECAP
|
52
|
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/20/2020)
|
March 20, 2020
|
March 20, 2020
PACER
|
53
|
LETTER MOTION for Extension of Time to File Response/Reply as to 49 Memo Endorsement,,, Set Deadlines/Hearings,, addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated March 20, 2020. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/20/2020)
|
March 20, 2020
|
March 20, 2020
PACER
|
54
|
ORDER REGULATING PROCEEDINGS granting 53 Motion for Extension of Time to File Response/Reply. Defendants' motion for an extension of the briefing schedule (ECF No. 53) is granted. Accordingly, the government's opposition to the preliminary injunction motion is due by Tuesday, March 24, 2020, and the Plaintiffs' reply is due by Thursday, March 26, 2020. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/20/2020) (ks) (Entered: 03/20/2020)
|
March 20, 2020
|
March 20, 2020
PACER
|
|
Set/Reset Deadlines: Responses due by 3/24/2020 Replies due by 3/26/2020. (ks)
|
March 20, 2020
|
March 20, 2020
PACER
|
55
|
MEMORANDUM OF LAW in Opposition re: 40 MOTION for Preliminary Injunction . . Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 ACIJ Daugherty Declaration).(Waterman, Brandon) (Entered: 03/25/2020)
|
March 24, 2020
|
March 24, 2020
PACER
|
56
|
DECLARATION of Deputy Field Office Director William P. Joyce in Opposition re: 40 MOTION for Preliminary Injunction .. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/25/2020)
|
March 25, 2020
|
March 25, 2020
PACER
|
57
|
DECLARATION of Captain Jennifer Moon in Opposition re: 40 MOTION for Preliminary Injunction .. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/25/2020)
|
March 25, 2020
|
March 25, 2020
PACER
|
58
|
LETTER addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated March 25, 2020 re: Unopposed Request to Accept the Government's Opposition Papers As Timely Filed. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 03/25/2020)
|
March 25, 2020
|
March 25, 2020
PACER
|
59
|
MEMO ENDORSEMENT on re: 58 Letter, filed by United States Immigration and Customs Enforcement, Thomas R. Decker, Carl E. DuBois, Matthew Albence, Chad Wolf, United States Department of Homeland Security. ENDORSEMENST: (Signed by Judge Alvin K. Hellerstein on 3/25/2020) (cf) (Entered: 03/25/2020)
|
March 25, 2020
|
March 25, 2020
PACER
|
60
|
REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Preliminary Injunction . . Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
61
|
DECLARATION of Jose L. Velesac in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
62
|
DECLARATION of Marisol Carmona Medina in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
63
|
DECLARATION of Carmelo Apolinar Diaz in Support re: 40 MOTION for Preliminary Injunction .. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 03/26/2020)
|
March 26, 2020
|
March 26, 2020
PACER
|
64
|
NOTICE OF APPEARANCE by Steven Chiajon Wu on behalf of State of New York..(Wu, Steven) (Entered: 03/29/2020)
|
March 29, 2020
|
March 29, 2020
PACER
|
65
|
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief . Document filed by State of New York. (Attachments: # 1 Exhibit Proposed Amicus Brief).(Wu, Steven) Modified on 4/24/2020 (db). (Entered: 03/30/2020)
|
March 30, 2020
|
March 30, 2020
PACER
|
|
Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Preliminary Injunction Hearing (Telephone) held on 3/30/2020. (tro)
|
March 30, 2020
|
March 30, 2020
PACER
|
66
|
MEMO ENDORSED ORDER denying as moot 65 Motion to File Amicus Brief. ENDORSEMENT: The motion having already been decided, the state's motion is denied as moot. (Signed by Judge Alvin K. Hellerstein on 3/31/20) (yv) (Entered: 03/31/2020)
|
March 31, 2020
|
March 31, 2020
PACER
|
67
|
ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION granting 40 Motion for Preliminary Injunction. Plaintiffs' motion for preliminary injunctive relief, see ECF No. 40, is hereby granted as follows. The Court grants preliminary injunctive relief, enjoining Defendant Thomas R. Decker in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement ("ICE"), and all successors appointed or acting, from using or applying practices or policies relating to the discretion by ICE officers to release to the community on recognizance or pursuant to bond, under Section 236 of the Immigration and Nationality Act, 8 U.S.C. ยง 1226(a), and all applicable implementing regulations, to any person now or hereafter arrested by Defendants or officers or agents directly or indirectly supervised by Defendants, in any manner more stringent or more onerous than those used or applied prior to June 6, 2017. This order shall not apply to any person so arrested who has had his bond or recognizance application heard by an immigration judge. Defendant shall file a report on April 17, 2020, identifying, as of April 10, 2020, all persons thus arrested by or under the authority of ICE's New York Field Office and, of such persons, all such persons who have had their bond or recognizance application heard by an immigration judge. Although the order delivered extemporaneously is final, the Court intends, in due course, to deliver a more fulsome statement of its reasoning. The Clerk is directed to terminate the open motion (ECF No. 40). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/31/20) (yv) (Entered: 03/31/2020)
|
March 31, 2020
|
March 31, 2020
RECAP
|
68
|
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/30/2020 before Judge Alvin K. Hellerstein. 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 5/5/2020. Redacted Transcript Deadline set for 5/15/2020. Release of Transcript Restriction set for 7/13/2020..(McGuirk, Kelly) (Entered: 04/14/2020)
|
April 14, 2020
|
April 14, 2020
PACER
|
69
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 3/30/2020 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: 04/14/2020)
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April 14, 2020
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April 14, 2020
PACER
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70
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***SELECTED PARTIES*** LETTER addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated April 17, 2020 re: Government's Report in accordance with the Court's order (ECF No. 67). Document filed by United States Department of Homeland Security, Thomas R. Decker, Carl E. DuBois, Chad Wolf, Matthew Albence, Abraham Carlo Uzategui Navarro, Jose L. Velesaca, United States Immigration and Customs Enforcement. (Attachments: # 1 1226(a) Alien List)Motion or Order to File Under Seal: 67 .(Waterman, Brandon) (Entered: 04/18/2020)
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April 17, 2020
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April 17, 2020
PACER
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71
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LETTER addressed to Judge Alvin K. Hellerstein from the Petitioners' Counsel, Robert Hodgson dated April 27, 2020 re: Request for information regarding ICEs compliance with preliminary injunction. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
PACER
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72
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ORDER REGULATING PROCEEDINGS. The Court has received and reviewed Petitioners' letter submitted April 27, 2020, ECF No. 71, which requests an order instructing Respondents to produce additional information in connection with the Court's awarding Petitioners injunctive relief, ECF No. 67. Respondents are hereby ordered to file a letter response informing the Court of their position, on or before this Friday, May 1, 2020. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/31/20) (yv) (Entered: 04/27/2020)
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April 27, 2020
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April 27, 2020
RECAP
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73
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LETTER addressed to Judge Alvin K. Hellerstein from Brandon M. Waterman dated May 1, 2020 re: The government's response to the plaintiff's April 27 letter (ECF No. 71). Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/01/2020)
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May 1, 2020
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May 1, 2020
PACER
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74
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MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/02/2020)
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May 1, 2020
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May 1, 2020
PACER
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75
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MEMORANDUM OF LAW in Support re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. . Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/02/2020)
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May 2, 2020
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May 2, 2020
PACER
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76
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LETTER addressed to Judge Alvin K. Hellerstein from Petitioners' Counsel Robert Hodgson dated May 4, 2020, re: Petitioners Intention to File an Opposition to ICEs Motion (ECF 74) by Tuesday, May 5. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
PACER
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77
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ORDER REGULATING PROCEEDINGS, The Court has received and reviewed Defendants' motion for amendment and/or clarification of the March 31, 2020 order awarding injunctive relief to Plaintiffs. See ECF Nos. 67, 74. Plaintiffs shall file their opposition to the motion, if any, on or before May 15, 2020, and Defendants shall file a reply, if any, on or before May 22, 2020. Argument on the motion will be held telephonically on May 27, 2020, at 2:30 p.m., via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the hearing proceeds smoothly and to avoid disruption, the Court directs all those calling in (other than counsel) to mute their telephones. Finally, no later than May 26, 2020, at 10:00 a.m., the parties shall jointly submit to the Court (to the address: HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record at the telephonic argument SO ORDERED. Set Deadlines/Hearing as to 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. :( Responses due by 5/15/2020, Replies due by 5/22/2020.), ( Telephone Conference set for 5/27/2020 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/4/20) (yv) (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
RECAP
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78
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OPINION & ORDER GRANTING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. Plaintiffs' motion for injunctive relief is granted as follows: The Court grants preliminary injunctive relief, enjoining Defendant Thomas R. Decker in his official capacity as New York Field Office Director for U.S. Immigration and Customs Enforcement ("ICE"), and all successors appointed or acting, from using or applying practices or policies relating to the discretion of ICE officers to release to the community on recognizance or pursuant to bond, under Section 236 of the Immigration and Nationality Act, 8 U.S.C. ยง 1226(a), and all applicable implementing regulations, to any person now or hereafter arrested by Defendants or officers or agents directly or indirectly supervised by Defendants, in any manner more stringent or more onerous than those used or applied prior to June 6, 2017.This order shall not apply to any person so arrested who has had his bond or recognizance application heard by an immigration judge.Defendants shall file a report on April 17, 2020, identifying, as of April 10, 2020, all persons thus arrested by or under the authority of ICE's New York Field Office and, of such persons, all such persons who have had their bond or recognizance application heard by an immigration judge.ECF No. 67. The government timely provided a report. See ECF No. 70.In the time between my oral ruling and the issuance of this written order, the parties have notified the Court that they have had disagreements regarding implementation of the injunction. See ECF Nos. 71, 72, 73. These disagreements have culminated in the government's filing of a motion to clarify and/or amend the injunction. See ECF No. 74. The Court will issue a separate order, in due course, setting a briefing schedule and an argument date on that motion.SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/4/20) (yv) (Entered: 05/04/2020)
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May 4, 2020
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May 4, 2020
RECAP
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79
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MEMO ENDORSEMENT on re: 76 Letter Intention to File an Opposition to ICEs Motion, filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca, Set Deadlines/Hearing as to 76 Letter, 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction. To Modify and Clarify the Court's March 31 Preliminary Injunction Order. ENDORSEMENT: In light of the time-sensitive nature of the case, Petitioners will file their opposition by the end of the day on May 5, 2020. The government will then file its reply on or before May 11, 2020, and the telephonic oral argument presently set for May 2 7, 2020 is rescheduled to May 12, 2020, at 11:00am. The parties shall notify the Court of all persons expected to appear on the May 12 call by 10:00am on May 11, 2020. ( Responses due by 5/5/2020, Replies due by 5/11/2020.), ( Telephone Conference set for 5/12/2020 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/5/20) (yv) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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80
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LETTER addressed to Judge Alvin K. Hellerstein from Petitioners' Counsel Robert Hodgson dated May 5, 2020, re: Request to Extend Petitioners Deadline to Thursday, May 7, 2020. Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 05/05/2020)
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May 5, 2020
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May 5, 2020
PACER
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81
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MEMO ENDORSEMENT on re: 80 Letter Request to Extend Petitioners Deadline, filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca, Set Deadlines/Hearing as to 80 Letter, 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. ENDORSEMENT: So ordered. Petitioners' opposition brief shall now be due on May 7, 2020; Respondents' reply brief shall now be due on May 13, 2020; and the hearing previously scheduled for May 12, 2020 is rescheduled to Thursday, May 14, 2020, at 11:00am. Counsel shall, following the protocol previously outlined by the Court, submit a list of all persons who are to appear on the call by 10:00am. ( Responses due by 5/7/2020, Replies due by 5/13/2020.) (Signed by Judge Alvin K. Hellerstein on 5/6/20) (yv) (Entered: 05/06/2020)
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May 6, 2020
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May 6, 2020
PACER
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Set/Reset Hearings: Telephone Conference set for 5/14/2020 at 11:00 AM before Judge Alvin K. Hellerstein. (yv)
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May 6, 2020
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May 6, 2020
PACER
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82
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MEMORANDUM OF LAW in Opposition re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. . Document filed by Abraham Carlo Uzategui Navarro, Jose L. Velesaca..(Hodgson, Robert) (Entered: 05/07/2020)
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May 7, 2020
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May 7, 2020
PACER
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83
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REPLY MEMORANDUM OF LAW in Support re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction,,,,,, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. . Document filed by Matthew Albence, Thomas R. Decker, Carl E. DuBois, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Chad Wolf..(Waterman, Brandon) (Entered: 05/13/2020)
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May 13, 2020
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May 13, 2020
PACER
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 5/14/2020 re: 74 MOTION to Amend/Correct 67 Order on Motion for Preliminary Injunction, To Modify and Clarify the Court's March 31 Preliminary Injunction Order. filed by United States Immigration and Customs Enforcement, Thomas R. Decker, Carl E. DuBois, Matthew Albence, Chad Wolf, United States Department of Homeland Security. Court reporter Karen Gorlaski pres.Motion to amend/correct is denied (doc #74). (tro)
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May 14, 2020
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May 14, 2020
PACER
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84
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ORDER SUPPLEMENTING PRELIMINARY INJUNCTION denying 74 Motion to Amend/Correct. Defendants' motion is denied. The injunction is not in need of clarification. Defendants are required to: 1. Apply the injunction to all persons who were detained as of April 10, 2020 pursuant to 8 U.S.C. ยง 1226(a), except those persons already given an individualized custody determination by an immigration judge, and expeditiously determine, or redetermine, their custody status consistent with the injunction; and to 2. Report to the court on May 22, 2020, and weekly thereafter, as to the progress made, which shall be steady and expeditious. All custody determinations and redeterminations must be completed by June 5, 2020. If extensions are required, Defendants may make an application therefore, showing good cause. The Clerk is directed to close the open motion (ECF No. 74). Although this order is final, the Court intends to file an opinion describing its reasoning in fuller detail. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/15/20) (yv) (Entered: 05/18/2020)
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May 15, 2020
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May 15, 2020
RECAP
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85
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***SELECTED PARTIES***STATUS REPORT. (Pursuant to ECF No. 84) Document filed by United States Department of Homeland Security, Thomas R. Decker, Carl E. DuBois, Chad Wolf, Matthew Albence, United States Immigration and Customs Enforcement, Abraham Carlo Uzategui Navarro, Jose L. Velesaca. (Attachments: # 1 Supplemental Alien List and Status)Motion or Order to File Under Seal: 84 .(Waterman, Brandon) (Entered: 05/22/2020)
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May 22, 2020
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May 22, 2020
PACER
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86
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TRANSCRIPT of Proceedings re: argument held on 5/14/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Karen Gorlaski, (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 6/16/2020. Redacted Transcript Deadline set for 6/26/2020. Release of Transcript Restriction set for 8/24/2020..(McGuirk, Kelly) (Entered: 05/26/2020)
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May 26, 2020
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May 26, 2020
PACER
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