Marroquin v. Longoria

Marroquin v. Longoria

Marroquin v. Longoria

PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 0541-24552727) filed by Giorge Gonzalez, Rafael Olvera Amezcua, Raul Garza Marroquin. (Attachments: # 1 Civil Cover Sheet)(McGraw, Peter) (Entered: 04/15/2020)

1 Civil Cover Sheet

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MOTION for Daniel Hatoum to Appear Pro Hac Vice by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/7/2020. (Perales, Nina) (Entered: 04/16/2020)

MOTION for Fatima Menendez to Appear Pro Hac Vice by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/7/2020. (Perales, Nina) (Entered: 04/16/2020)

ORDER granting 2 Motion for Daniel Hatoum to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Main Document 4 replaced on 4/30/2020) (JessicaGRodriguez, 5). (Entered: 04/16/2020)

ORDER granting 3 Motion for Fatima Menendez to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Main Document 5 replaced on 4/30/2020) (JessicaGRodriguez, 5). (Entered: 04/16/2020)

ORDER. Respondents are ORDERED to file an answer or other appropriate responsive pleading no later than April 24, 2020. Petitioners may file a reply by April 27, 2020. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(EricaLopez, 5) (Entered: 04/16/2020)

Request for Issuance of Summons as to Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Continuation, # 2 Continuation, # 3 Continuation, # 4 Continuation, # 5 Continuation, # 6 Continuation)(McGraw, Peter) (Entered: 04/17/2020)

1 Continuation

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2 Continuation

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3 Continuation

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4 Continuation

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5 Continuation

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6 Continuation

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NOTICE of Appearance by Efren Carlos Olivares on behalf of Raul Garza Marroquin, filed. (Olivares, Efren) (Entered: 04/20/2020)

Summons Issued/Not Issued

Summons Issued as to Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. Issued summons delivered to plaintiff by First-class mail, filed.(sgonzalez, 5)

NOTICE of Appearance by Andrew Udelsman on behalf of Raul Garza Marroquin, filed. (Udelsman, Andrew) (Entered: 04/20/2020)

MOTION for Carolyn O'Connor to Appear Pro Hac ViceMotions referred to John A Kazen. by Raul Garza Marroquin, filed. Motion Docket Date 5/12/2020. (Olivares, Efren) (Entered: 04/21/2020)

ORDER granting 10 Motion for Carolyn O'Connor to Appear Pro Hac Vice. (Signed by Magistrate Judge John A Kazen) Parties notified. (JessicaGRodriguez, 5) (Entered: 04/21/2020)

Opposed MOTION for DiscoveryMotions referred to John A Kazen. by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/13/2020. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Garcia, Carlos) (Entered: 04/22/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Opposed MOTION to Sever Mr. Garza Marroquin and Transfer His Petition to the Brownsville DivisionMotions referred to John A Kazen. by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/14/2020. (Attachments: # 1 Affidavit, # 2 Exhibit Notice to Appear, # 3 Proposed Order)(Cravens, Annalisa) (Entered: 04/23/2020)

1 Affidavit

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2 Exhibit Notice to Appear

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3 Proposed Order

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MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief Motions referred to John A Kazen. by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/15/2020. (Attachments: # 1 Exhibit Exhibit 13 (unsealed), # 2 Exhibit Exhibit 14 (unsealed), # 3 Proposed Order)(Wiley, Ariel) (Entered: 04/24/2020)

1 Exhibit Exhibit 13 (unsealed)

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2 Exhibit Exhibit 14 (unsealed)

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3 Proposed Order

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SEALED EXHIBITS 1 through 12 re: 14 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit Ex. 1 Gonzalez Medical Records, # 2 Exhibit Ex. 2 Gonzalez Letter Dated 4-6-2020, # 3 Exhibit Ex. 3 Gonzalez Immigration Files, # 4 Affidavit Ex. 4 Cerna Declaration, # 5 Affidavit Ex. 5 Aleman Declaration, # 6 Exhibit Ex. 6 Olvera Webb County Medical Records, # 7 Exhibit Ex. 7 Olvera Pearsall Medical Records, # 8 Exhibit Ex. 8 Olvera Immigration Files, # 9 Affidavit Ex. 9 Cerna Declaration II, # 10 Affidavit Ex. 10 Warden Garcia Declaration and Attachments, Part I, # 11 Affidavit Ex. 10 Warden Garcia Declaration Attachments Part II, # 12 Affidavit Ex. 11 Dr. Ivens Declaration, # 13 Affidavit Ex. 12 Huron Declaration) (Wiley, Ariel) (Entered: 04/24/2020)

MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Garza's Petition for Immediate Injunctive Relief Motions referred to John A Kazen. by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. Motion Docket Date 5/15/2020. (Attachments: # 1 Exhibit Exhibit 6 (Unsealed), # 2 Exhibit Exhibit 7 (Unsealed), # 3 Proposed Order)(Wiley, Ariel) (Entered: 04/24/2020)

1 Exhibit Exhibit 6 (Unsealed)

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2 Exhibit Exhibit 7 (Unsealed)

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3 Proposed Order

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SEALED EXHIBITS 1 through 5 re: 16 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Garza's Petition for Immediate Injunctive Relief by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit Ex. 1 Garza A-File, # 2 Exhibit Ex. 2 Garza Criminal Records, # 3 Exhibit Ex. 3 Garza Medical Records, # 4 Affidavit Ex. 4 Dr. Cantu Declaration, # 5 Affidavit Ex. 5 Longoria Declaration) (Wiley, Ariel) (Entered: 04/24/2020)

NOTICE of Appearance by Javier N. Maldonado on behalf of Rafael Olvera Amezcua, filed. (Maldonado, Javier) (Entered: 04/25/2020)

Unopposed MOTION for Extension of Time TO FILE A RESPONSE TO THE GOVERNMENTS MOTION TO DISMISSMotions referred to John A Kazen. by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 5/18/2020. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 04/27/2020)

1 Proposed Order

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ORDER granting 19 Motion for Extension of Time. Petitioners may file a response to Respondents motion to dismiss by May 15, 2020. Respondents may file a reply by May 29, 2020..(Signed by Judge Marina Garcia Marmolejo) Parties notified.(EricaLopez, 5) (Entered: 04/27/2020)

RESPONSE in Opposition to 13 Opposed MOTION to Sever Mr. Garza Marroquin and Transfer His Petition to the Brownsville Division, filed by Raul Garza Marroquin, Giorge Gonzalez, Rafael Olvera Amezcua. (Attachments: # 1 Proposed Order)(Olivares, Efren) (Entered: 04/27/2020)

1 Proposed Order

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NOTICE of Supplemental Declaration by Robert L. Cerna by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Affidavit Supplemental Declaration by Robert L. Cerna)(Cravens, Annalisa) (Entered: 04/27/2020)

1 Affidavit Supplemental Declaration by Robert L. Cerna

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NOTICE of Appearance by Rebecca Sheff on behalf of Giorge Gonzalez, filed. (McGraw, Peter) (Entered: 05/05/2020)

RESPONSE in Opposition to 12 Opposed MOTION for Discovery, filed by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Proposed Order)(Wiley, Ariel) (Entered: 05/13/2020)

ORDER granting 13 Motion to Sever. Petitioner Raul Garza Marroquin's case is TRANSFERRED to the Brownsville Division of the Southern District of Texas. Petitioner's Amezcua and Gonzalez's claims remain pending in this Court..(Signed by Judge Marina Garcia Marmolejo) Parties notified.(sgonzalez, 5) (Entered: 05/13/2020)

Unopposed MOTION for Leave to File Excess PagesMotions referred to John A Kazen. by Giorge Gonzalez, Rafael Olvera Amezcua, filed. Motion Docket Date 6/5/2020. (Attachments: # 1 Proposed Order)(McGraw, Peter) (Entered: 05/15/2020)

RESPONSE in Opposition to 14 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief, filed by Giorge Gonzalez, Rafael Olvera Amezcua. (Attachments: # 1 Proposed Order)(McGraw, Peter) (Entered: 05/15/2020)

SEALED EXHIBITS re: 27 Response in Opposition to Motion, by Giorge Gonzalez, Rafael Olvera Amezcua, filed. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D) (McGraw, Peter) (Attachment 1 replaced on 5/21/2020) (JessicaGRodriguez, 5). (Entered: 05/15/2020)

ORDER granting 26 Motion for Leave to File Excess Pages.(Signed by Judge Marina Garcia Marmolejo) Parties notified.(EricaLopez, 5) (Entered: 05/17/2020)

REPLY in Support of 14 MOTION to Dismiss 1 Petition for Writ of Habeas Corpus and Response to Gonzalez's and Olvera's Petitions for Immediate Injunctive Relief, filed by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Wiley, Ariel) (Entered: 05/29/2020)

NOTICE of Supplemental Authority by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit 1)(Wiley, Ariel) (Entered: 06/09/2020)

Other EXHIBITS re: 27 Response in Opposition to Motion, by Rafael Olvera Amezcua. Attached documents may be viewed in the Office of the Clerk., filed.(Perales, Nina) (Entered: 06/23/2020)

NOTICE of Filing of Corrected Exhibit to Petitioner's Response in Opposition to Respondent's Motion to Dismiss by Rafael Olvera Amezcua, filed. (Perales, Nina) (Entered: 06/23/2020)

Unopposed MOTION to Amend Motions referred to John A Kazen. by Rafael Olvera Amezcua, filed. Motion Docket Date 7/14/2020. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 06/23/2020)

ORDER granting 34 Motion to Amend the Case Caption. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(dmorales, 5) (Entered: 06/24/2020)

NOTICE of Supplemental Authorities by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Wiley, Ariel) (Entered: 07/08/2020)

NOTICE of Plaintiff Gonzalez's Duplicative Case Filing in 5:20-cv-119 by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Cravens, Annalisa) (Entered: 07/21/2020)

RESPONSE to 37 Notice (Other), of Duplicative Filing, filed by Giorge Gonzalez. (McGraw, Peter) (Entered: 07/21/2020)

NOTICE OF SUPPLEMENTAL AUTHORITY by Rafael Olvera Amezcua, filed. (Perales, Nina) (Entered: 07/24/2020)

Opposed MOTION for Temporary Restraining OrderMotions referred to John A Kazen. by Giorge Gonzalez, filed. Motion Docket Date 8/21/2020. (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 Proposed Order)(McGraw, Peter) (Entered: 07/31/2020)

Unopposed MOTION for Leave to File Supplemental ExhibitMotions referred to John A Kazen. by Giorge Gonzalez, filed. Motion Docket Date 9/1/2020. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(McGraw, Peter) (Entered: 08/11/2020)

RESPONSE in Opposition to 40 Opposed MOTION for Temporary Restraining Order, filed by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order)(Wiley, Ariel) (Entered: 08/13/2020)

REPLY to 42 Response in Opposition to Motion, for Temporary Restraining Order and Preliminary Injunction, filed by Giorge Gonzalez. (McGraw, Peter) (Entered: 08/17/2020)

STIPULATION of Dismissal by Giorge Gonzalez, filed.(McGraw, Peter) (Entered: 12/24/2020)

NOTICE of Binding Authority by Matthew T. Albence, Javier Aleman, Daniel Bible, Mario Garcia, Jose Garcia Longoria, Jr, United States Immigration and Customs Enforcement, Chad Wolf, filed. (Attachments: # 1 Exhibit 1)(Wiley, Ariel) (Entered: 02/03/2021)

ADVISORY - The parties have filed a Joint Stipulation of Dismissal Giorge Gonzalez's claims without prejudice 44 . The Clerk of Court is DIRECTED to terminate Plaintiff Gonzalez' from the docket. Gonzalez' pending motion for temporary restraining order and preliminary injunction 40 is DENIED as MOOT. Petitioner Olvera Amezcua's claims remain pending. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(mmarquez, 5) (Entered: 03/23/2021)

MEMORANDUM AND ORDER The Court DISMISSES the 1 Petition for a writ of habeas corpus and GRANTS the 14 Motion to dismiss Plaintiffs other claims. Allremaining motions in this matter are hereby DENIED as MOOT. (Signed by Judge Marina Garcia Marmolejo) Parties notified.(gsalinas, 5)