Case: Onosamba-Ohindo v. Barr

Equal Justice Under Law

COMPLAINT against All Defendants, PETITION for Writ of Habeas Corpus (Filing fee $5.00 receipt number 0209-3764118), filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Civil Cover Sheet)(Roeck, Victoria) Modified on 3/11/2020 to enter filing fee and receipt number (CGJ). Corrected Receipt number 3/13/2020 (LB). Corrected fee amount 4/1/2020 (CGJ). (Entered: 03/11/2020)

MOTION to Certify Class by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Victoria Roeck, # 3 Declaration of Dalya Kefi, # 4 Declaration of Junior Onosamba-Ohindo, # 5 Declaration of Christine Lao-Scott, # 6 Declaration of Antonio Lopez Agustin, # 7 Declaration of Kimberly Hunter, # 8 Declaration of Nicholas J. Phillips, # 9 Declaration of Jesse Barber, # 10 Declaration of Tanika Vigil)(Roeck, Victoria) (Entered: 03/11/2020)

MEMORANDUM in Support re 2 MOTION to Certify Class filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 03/11/2020)

E-Filing Notification re [2-1] Attachments: # 1 Memorandum in Support, Incorrect.pdf file attached to entry. Action required: Re-file attachment [2-1] using the (Memorandum in Support) event. (KM)

E-Filing Notification: regarding 1 COMPLAINT docket text modified to show filing fee and receipt number. Filing fee paid more than once. Please refer to refund policy located on our website www.nywd.uscourts.gov (CGJ)

Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (CGJ)

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CGJ)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

ORDER that within 45 days of the date of this order, Respondent shall file and serve an answer and memorandum of law or a motion to dismiss, along with a memorandum responding to petitioner's motion for class certification; Petitioner shall have 25 days upon receipt of the responses; the Clerk of Court shall serve a copy of the petition and this order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. Signed by Hon. Lawrence J. Vilardo on 3/13/20. (Attachments: # 1 Petition)(SG) (Entered: 03/13/2020)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

Original Summons Filed. (Roeck, Victoria) (Entered: 03/13/2020)

Summons Issued as to Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 summons issued, # 2 summons issued, # 3 summons issued, # 4 summons issued, # 5 summons issued, # 6 summons issued)(KM) (Entered: 03/16/2020)

AFFIDAVIT of Service for Complaint/Petition, Motion to Certify Class, Summons Issued by the Court (Dkt. 12) served on William Barr; United States Department of Justice; James McHenry; Executive Office for Immigration Review; Matthew Albence; Chad F. Wolf; U.S. Department of Homeland Security; Jeffrey Searls on March 17, 2020, filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 03/18/2020)

NOTICE of Appearance by David M. Coriell on behalf of All Defendants (Coriell, David) (Entered: 03/22/2020)

E-Filing Notification: regarding 1 COMPLAINT against All Defendants, PETITION for Writ of Habeas Corpus . Docket text amended to reflect correct filing fee. (CGJ)

MOTION for Preliminary Injunction by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support of Plaintiffs-Petitioners Motion for Preliminary Injunction, # 2 Declaration of Grace Zaiman, # 3 Declaration of James Tinsley, # 4 Declaration of Lara Nochomovitz, # 5 Declaration of Nathalia Dickson, # 6 Declaration of Denise Noonan Slavin, # 7 Declaration of Cliff Johnson, # 8 Declaration of Dr. Jaimie Meyer, # 9 Supplement Declaration of Jesse Barber, # 10 Supplement Declaration of Dalya Kefi, # 11 Supplement Declaration of Victoria Roeck, # 12 Exhibit C, # 13 Exhibit D, # 14 Exhibit E, # 15 Exhibit F, # 16 Exhibit G, # 17 Exhibit H, # 18 Exhibit I, # 19 Exhibit J, # 20 Exhibit K, # 21 Exhibit L, # 22 Exhibit M, # 23 Exhibit N, # 24 Exhibit O, # 25 Exhibit P, # 26 Text of Proposed Order)(Roeck, Victoria) (Entered: 04/10/2020)

MOTION to Expedite Motion for a Preliminary Injunction by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Notice and Motion for a Preliminary Injunction with supporting documents)(Roeck, Victoria) (Entered: 04/10/2020)

RESPONSE in Opposition re 16 MOTION to Expedite Motion for a Preliminary Injunction filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 04/11/2020)

TEXT ORDER denying the petitioners' motion to expedite, Docket Item 16, for the reasons stated in the respondents' opposition, Docket Item 17 . The respondents shall respond to the motion for a preliminary injunction, Docket Item 15, on or before April 27, 2020. The petitioners shall reply on or before May 6, 2020. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/13/2020. (RFI) (Entered: 04/13/2020)

Letter filed by Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry requesting extension of page limit. (Coriell, David) (Entered: 04/22/2020)

TEXT ORDER granting the respondents' letter request to enlarge the page limit for their memorandum of law in support of their forthcoming motion to dismiss, Docket Item 19 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/23/2020. (RFI) (Entered: 04/23/2020)

NOTICE of Appearance by Megan Elaine Sallomi on behalf of All Plaintiffs (Sallomi, Megan) (Entered: 04/24/2020)

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 Memorandum in Support Motion to Dismiss, # 2 Exhibit Ex. 1 Declaration of David M. Coriell, # 3 Exhibit Ex. A to Coriell Declaration, # 4 Exhibit Ex. B to Coriell Declaration, # 5 Exhibit Ex. 2 Declaration of Mark Pasierb)(Coriell, David) (Entered: 04/27/2020)

RESPONSE in Opposition re 2 MOTION to Certify Class filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 04/27/2020)

RESPONSE in Opposition re 15 MOTION for Preliminary Injunction filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 Declaration Stephanie Kerr)(Coriell, David) (Entered: 04/27/2020)

TEXT ORDER. The petitioners shall respond to 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by William Barr, Chad F. Wolf, Matthew Albence, James McHenry, United States Department of Justice, Executive Office for Immigration Review, and Jeffrey Searls, on or before May 6, 2020. The respondents shall reply on or before May 11, 2020. The petitioners' reply to 23 Response in Opposition to Motion for Class Certification, filed by William Barr, Chad F. Wolf, Matthew Albence, James McHenry, United States Department of Justice, Executive Office for Immigration Review, and Jeffrey Searls, shall remain on the schedule in this Court's order dated March 13, 2020, Docket Item 7 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/29/2020. (RFI) (Entered: 04/29/2020)

TEXT ORDER re 15 MOTION for Preliminary Injunction filed by petitioners and 22 MOTION to Dismiss for Lack of Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by respondents. Telephone Oral Argument set for 5/15/2020 at 11:00 AM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Public access to the proceeding can be obtained by contacting Judge Vilardo's chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/29/2020. (CMD) (Entered: 04/29/2020)

MEMORANDUM in Opposition re 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 05/06/2020)

REPLY/RESPONSE to re 15 MOTION for Preliminary Injunction filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 05/07/2020)

REPLY to Response to Motion re 22 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 05/11/2020)

REPLY to Response to Motion re 2 MOTION to Certify Class filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 05/13/2020)

Minute Entry for proceedings held before Hon. Lawrence J. Vilardo: Oral Argument re 15 MOTION for Preliminary Injunction filed by petitioners and 22 MOTION to Dismiss for Lack of Jurisdiction filed by respondents held on 5/15/2020. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court reserves decision. Appearances by teleconference. For petitioners: Megan E. Sallomi, Victoria M. Roeck, Amy L. Belsher, and Christopher T. Dunn. Petitioners present. For respondents: AUSA David M. Coriell. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 05/16/2020)

TEXT ORDER. The respondents shall submit a supplemental brief on or before June 4, 2020, addressing why the petitioners' claims are not inherently transitory under Nielsen v. Preap, 139 S. Ct. 954, 963 (2019). The petitioners shall respond on or before June 11, 2020. In their response, the petitioners also shall address how their claims would proceed if the Court finds that those claims are transitory. In other words, who would pursue the class claims since the named petitioners no longer have live claims? SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/28/2020. (RFI) (Entered: 05/28/2020)

Letter filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry Notice of Supplemental Authority. (Attachments: # 1 Exhibit Dubon Miranda v. Barr, No. 1:20-cv-01110, Opinion, # 2 Exhibit Dubon Miranda v. Barr, No. 1:20-cv-01110, Order)(Sallomi, Megan) (Entered: 06/02/2020)

MEMORANDUM/BRIEF re 32 Text Order,, Concerning the "Inherently Transitory" Exception to Mootness by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Coriell, David) (Entered: 06/04/2020)

REPLY/RESPONSE to re 34 Memorandum/Brief, Regarding the Inherently-Transitory Exception to Mootness filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Roeck, Victoria) (Entered: 06/10/2020)

TEXT ORDER. Case reassigned to Hon. Elizabeth A. Wolford. Hon. Lawrence J. Vilardo no longer assigned to the case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/22/2020. (CMD) (Entered: 07/22/2020)

NOTICE of Appearance by Phil Telfeyan on behalf of All Plaintiffs (Telfeyan, Phil) (Entered: 07/23/2020)

MOTION to Withdraw as Attorney by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Declaration of Victoria Roeck)(Roeck, Victoria) (Entered: 07/24/2020)

TEXT ORDER granting 38 Motion to Withdraw as Attorney. The Clerk of Court shall terminate Victoria Roeck as counsel of record for Plaintiffs. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/24/2020. (KAC)-CLERK TO FOLLOW UP- (Entered: 07/24/2020)

Letter filed by Antonio Lopez Agustin, Junior Onosamba-Ohindo as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry . (Sallomi, Megan) (Entered: 08/14/2020)

DECISION AND ORDER granting in part and denying in part 22 Motion to Dismiss; granting in part, denying in part, and reserving decision in part on 2 Motion to Certify Class; and granting in part and denying in part 15 Motion for Preliminary Injunction. Please Note: This docket text may not contain the entire contents of the attached Decision and Order. It is your responsibility to read the attached Decision and Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Decision and Order. Signed by Hon. Elizabeth A. Wolford on 9/2/2020. (KAC)-CLERK TO FOLLOW UP- (Entered: 09/02/2020)

TEXT ORDER re 2 Motion to Certify Class. As detailed further in the 41 Decision and Order, the Court has reserved decision on whether it is appropriate to certify a separate class of individuals who have had a bond hearing and are detained at the Buffalo Federal Detention Facility pursuant to 8 U.S.C. ยง 1226(a) for purposes of declaratory relief, and orders further briefing on the issue. Class Petitioner's supplemental brief is due on or before September 16, 2020. Respondent's supplemental brief is due on or before September 23, 2020. Upon receipt of all papers, the Court will determine if oral argument is necessary and, if so, advise the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/2/2020. (KAC) (Entered: 09/02/2020)

STATUS REPORT Regarding the Courts Sept. 2, 2020 Order by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 09/14/2020)

MEMORANDUM/BRIEF re 42 Text Order,,, regarding Certification on Post-Hearing Class by Junior Onosamba-Ohindo. (Attachments: # 1 Declaration of Jesse Barber)(Sallomi, Megan) (Entered: 09/16/2020)

STATUS REPORT regarding the Court's September 2, 2020 Order by Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 09/21/2020)

NOTICE of Appearance by Jordan Laris Cohen on behalf of Antonio Lopez Agustin, Junior Onosamba-Ohindo (Cohen, Jordan) (Entered: 09/22/2020)

REPLY/RESPONSE to re 44 Memorandum/Brief regarding Certifying a Post-Hearing Class filed by Jeffrey Searls. (Coriell, David) (Entered: 09/23/2020)

TEXT ORDER. Upon review of the "Instructions to Immigration Judges" (Dkt. 45 at 2-4) ("the Instructions") and the "Notice of Court Order Regarding Bond Hearings in the Batavia Immigration Court" (id. at 5-7) ("the Notice"), the Court finds both documents comply with its September 2, 2020 Decision and Order (Dkt. 41). The Instructions shall be distributed to the Buffalo and Batavia Immigration Judges and the Notice shall be distributed to the Pre-Hearing Class members, with appropriate translations as set forth in the Decision and Order. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/24/2020. (KAC) (Entered: 09/24/2020)

MOTION for Reconsideration re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, by Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support)(Sallomi, Megan) (Entered: 09/30/2020)

TEXT ORDER re 49 Motion for Reconsideration, filed by Petitioner. Responses are due on or before October 23, 2020; Replies are due on or before October 30, 2020. Upon receipt of all papers the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/02/2020. (CAL). (Entered: 10/02/2020)

MEMORANDUM in Opposition re 49 MOTION for Reconsideration re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, filed by Jeffrey Searls. (Coriell, David) (Entered: 10/23/2020)

NOTICE OF APPEAL as to 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, by Jeffrey Searls. Fee Status: No Fee Due, Government Attorney. (Coriell, David) Modified on 11/2/2020 (JLV). (Entered: 10/30/2020)

DESIGNATION of Record on Appeal by Jeffrey Searls re 52 Notice of Appeal CLERK TO FOLLOW UP (Coriell, David) (Entered: 10/30/2020)

RESPONSE in Support re 49 MOTION for Reconsideration re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, filed by Junior Onosamba-Ohindo. (Sallomi, Megan) (Entered: 10/30/2020)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (JLV) (Entered: 11/02/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Oral Argument Proceedings via Teleconference held on 5/15/2020, before Judge Lawrence J. Vilardo. Court Reporter/Transcriber Ann M. Sawyer, Contact Info Ann_Sawyer@nywd.uscourts.gov. 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 1/5/2021. Redacted Transcript Deadline set for 1/15/2021. Release of Transcript Restriction set for 3/15/2021. (KM) (Entered: 12/15/2020)

MOTION to Withdraw as Attorney by Junior Onosamba-Ohindo. (Attachments: # 1 Affidavit)(Sallomi, Megan) (Entered: 01/29/2021)

TEXT ORDER granting 57 Motion to Withdraw as Attorney. The Clerk of Court shall terminate Attorney Megan Sallomi as counsel of record for Petitioner. Signed by Elizabeth A. Wolford on 3/23/21. (MGB)-CLERK TO FOLLOW UP- (Entered: 03/23/2021)

DECISION AND ORDER denying 2 Motion to Certify Class without prejudice in remaining part; denying 49 Motion for Reconsideration. Signed by Hon. Elizabeth A. Wolford on 3/29/2021. (MGB) (Entered: 03/29/2021)

NOTICE OF APPEAL as to 41 Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for Preliminary Injunction, by Junior Onosamba-Ohindo. Filing fee $ 505, receipt number 0209-4228956. (Belsher, Amy) (Entered: 04/27/2021)

Within 14 days of filing the 60 Notice of Appeal, the appellant is required to electronically file with the District Court an index of filed documents it wishes the Court of Appeals to consider, called Designation of Record on Appeal. After receipt, the Clerk's Office will certify and transmit the index to the Circuit. (JHF)

DESIGNATION of Record on Appeal by Junior Onosamba-Ohindo re 60 Notice of Appeal, CLERK TO FOLLOW UP (Belsher, Amy) (Entered: 05/19/2021)

CLERKS CERTIFICATE/INDEX filed and electronically sent to Court of Appeals (LMD) (Entered: 05/20/2021)

MOTION to Withdraw as Attorney by Antonio Lopez Agustin, Junior Onosamba-Ohindo. (Attachments: # 1 Affidavit Affirmation of Jordan Laris Cohen)(Cohen, Jordan) (Entered: 08/12/2021)

TEXT ORDER granting 63 Motion to Withdraw as Attorney. Attorney Jordan Laris Cohen is terminated. Signed by Elizabeth A. Wolford on 08/16/2021. (MGB)-CLERK TO FOLLOW UP- (Entered: 08/16/2021)

MOTION Motion to Intervene and Motion to Enforce by Ousmane Traore. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support)(Gillman, Sarah) Modified filers name on 9/24/2021 (SG). (Entered: 09/24/2021)

TEXT ORDER re 65 Motion to Intervene and Motion to Enforce. Responses are due on or before October 15, 2021. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/24/2021. (MGB) (Entered: 09/24/2021)

E-Filing Notification: 65 MOTION Motion to Intervene and Motion to Enforce modified to correct filers name. No action required. (SG)

NOTICE of Appearance by Jonathan A Langer on behalf of Ousmane Traore (Langer, Jonathan) (Entered: 09/28/2021)

NOTICE of Appearance by Daniel Barrie Moar on behalf of Jeffrey Searls (Moar, Daniel) (Entered: 10/15/2021)

RESPONSE in Opposition re 65 MOTION Motion to Intervene and Motion to Enforce filed by Jeffrey Searls. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B)(Moar, Daniel) (Entered: 10/15/2021)

Letter filed by Ousmane Traore as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry Reply to ECF 69-2 that Fee for Petition for Review Was Paid and Docket for Second Circuit Corrected and Petitioner's Request for Leave to Submit a Reply to Government Response (ECF 69). (Gillman, Sarah) (Entered: 10/19/2021)

TEXT ORDER granting 70 October 19, 2021 letter request from Movant Ousmane Traore for leave to file a reply to his motion to intervene and enforce (Dkt. 65). Although Mr. Traore did not indicate a request to file and serve reply papers in his notice of motion in accordance with Rule 7 of the Local Rules of Civil Procedure, the Court will permit him to file a reply on or before October 27, 2021. Counsel is reminded that compliance with Court rules and procedures is expected. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/20/2021. (MGB) (Entered: 10/20/2021)

REPLY/RESPONSE to re 69 Response in Opposition to Motion to Enforce filed by Ousmane Traore. (Gillman, Sarah) (Entered: 10/27/2021)

NOTICE of Appearance by Guadalupe Victoria Aguirre on behalf of Junior Onosamba-Ohindo (Aguirre, Guadalupe) (Entered: 11/17/2021)

MOTION to Intervene and Enforce re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, by Dolores Barahona Garcia. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum in Support, # 3 Exhibit Barahona Garcia Custody Redetermination Hr'g Evidence, # 4 Exhibit DHS Custody Redetermination Hr'g Evidence, # 5 Exhibit Custody Redetermination Hr'g Tr.)(Peng, John) (Entered: 12/30/2021)

TEXT ORDER. Upon review of the motion by movant Ousmane Traore ("Movant") to intervene and enforce (Dkt. 65), the Court has determined that supplemental briefing is necessary as to whether the standard for intervention has been met. While Movant cites to Rule 24 of the Federal Rule of Civil Procedure in his notice of motion, no legal argument or substantive analysis addressing intervention is contained in the record before the Court. Rule 24 requires that "[t]he motion must state the grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought," Fed. R. Civ. P. 24(c), and in assessing a motion for permissive intervention, courts consider whether the intervening party "has a claim or defense that shares with the main action a common question of law or fact," Fed. R. Civ. P. 24(b)(1)(b), as well as whether the movant can establish: (1) he has filed a timely motion, (2) an interest in the property or transaction that is the subject of the action, (3) without intervention, the interest will be impaired by the disposition of the action, and (4) his interest is not adequately represented by the parties to the action. See Lopez v. Cookies SF, LLC, No. 21-CV-5002 (RA), 2021 WL 6064203, at *1 (S.D.N.Y. Dec. 22, 2021); see also Dynamic Sys., Inc. v. Skanska USA Bldg. Inc., No. 19 CIV. 10237 (NSR), 2021 WL 6063609, at *2 (S.D.N.Y. Dec. 21, 2021) ("The principal consideration for permissive intervention is whether intervention will cause undue delay or prejudice to the original parties."); Giuffre v. Dershowitz, No. 19 CIV. 3377 (LAP), 2021 WL 5233551, at *4 (S.D.N.Y. Nov. 10, 2021) ("Several other factors historically serve as guardrails for the Court's discretion in permitting intervention under Rule 24(b). Those factors include the nature and extent of the intervenors' interests, whether their interests are adequately represented by the other parties, and whether parties seeking intervention will significantly contribute to full development of the underlying factual issues in the suit and to the just and equitable adjudication of the legal questions presented." (quotation and citation omitted)). In addition, in their supplemental filings, the parties should address the impact, if any, the appeal of the Decision and Order on Petitioners motion for a preliminary injunction currently pending before the Second Circuit has on Movant's motion. By no later than January 24, 2022, Movant shall file his supplemental briefing. Responses to the supplemental briefing shall be filed on or before February 7, 2022. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/02/2022. (MGB) (Entered: 01/02/2022)

TEXT ORDER re 74 Motion to Intervene and Motion to Enforce by movant Dolores Barahona Garcia. Responses are due on or before January 24, 2022. Replies are due on or before February 7, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/02/2022. (MGB) (Entered: 01/02/2022)

REPLY/RESPONSE to re 76 Text Order, filed by Ousmane Traore. (Peng, John) (Entered: 01/24/2022)

REPLY/RESPONSE to re 76 Text Order, filed by Matthew Albence, William Barr, Executive Office for Immigration Review, James McHenry, Jeffrey Searls, United States Department of Justice, Chad F. Wolf. (Attachments: # 1 Declaration Robert Mordino, # 2 Exhibit A)(Moar, Daniel) (Entered: 01/24/2022)

NOTICE of Appearance by Dolores Barahona Garcia.(Chinea Vicente, Alejandra) Modified on 2/7/2022). (KM) (Entered: 02/02/2022)

NOTICE of Appearance by Sarah Telo Gillman on behalf of Dolores Barahona Garcia (Gillman, Sarah) (Entered: 02/04/2022)

MEMORANDUM in Opposition re 74 MOTION to Intervene and Enforce re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,,, 65 MOTION Motion to Intervene and Motion to Enforce filed by Jeffrey Searls. (Attachments: # 1 Exhibit 1)(Moar, Daniel) (Entered: 02/04/2022)

REPLY/RESPONSE to re 75 Text Order,,,,,,,,,,, filed by Junior Onosamba-Ohindo. (Attachments: # 1 Exhibit A, Declaration of Guadalupe Victoria Aguirre)(Belsher, Amy) (Entered: 02/07/2022)

REPLY to Response to Motion re 74 MOTION to Intervene and Enforce re 41 Order on Motion to Dismiss/Lack of Jurisdiction,,, Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Preliminary Injunction,, filed by Dolores Barahona Garcia. (Peng, John) (Entered: 02/07/2022)

E-Filing Notification re 79 MOTION for Leave to Appear Lead. Document filed improperly as a motion. Court terminated motion and modified docket text to correctly reflect filing event. No action required. (KM)

MOTION for Discovery regarding Compliance with the Preliminary Injunction by Junior Onosamba-Ohindo. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Amy Belsher)(Belsher, Amy) (Entered: 02/11/2022)

TEXT ORDER re 84 Motion for Discovery. Responses are due on or before March 7, 2022. Replies are due on or before March 14, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/14/2022. (MGB) (Entered: 02/14/2022)

RESPONSE in Opposition re 84 MOTION for Discovery regarding Compliance with the Preliminary Injunction filed by Jeffrey Searls. (Attachments: # 1 Declaration AGC Daniel Cicchini, # 2 Declaration SDDO Peter Sukmanowski, # 3 Exhibit A Declaration of Peter Sukmanowski, # 4 Exhibit B Declaration of Peter Sukmanowski, # 5 Exhibit C Declaration of Peter Sukmanowski, # 6 Exhibit D Declaration of Peter Sukmanowski, # 7 Exhibit E Declaration of Peter Sukmanowski)(Moar, Daniel) (Entered: 03/07/2022)

RESPONSE in Support re 84 MOTION for Discovery regarding Compliance with the Preliminary Injunction filed by Junior Onosamba-Ohindo. (Belsher, Amy) (Entered: 03/14/2022)

MOTION to Dismiss to a Supplement in Opposition to the Motion, Doc. No. 74 by Jeffrey Searls. (Attachments: # 1 Declaration Daniel B. Moar, # 2 Exhibit A to Declaration of Daniel B. Moar, # 3 Memorandum in Support)(Moar, Daniel) Modified on 3/31/2022 (TMK). (Entered: 03/31/2022)

TEXT ORDER re 88 Motion. On March 31, 2022, Respondent filed a document styled as a motion to dismiss Movant Ousmane Traore's motion to intervene (Dkt. 65). Neither the Federal Rules of Civil Procedure nor this Court's Local Rules recognize a motion to dismiss a motion to intervene. Instead, it appears that Respondent's filing is more properly considered as a supplemental opposition to Movant Traore's motion to intervene and the Court will consider it as such. The Clerk of Court is directed to modify Docket No. 88 to reflect the same. Responses by Movant to the filing are due on or before April 22, 2022. Replies are due on or before April 29, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/31/2022. (MGB)-CLERK TO FOLLOW UP- (Entered: 03/31/2022)

NOTICE by Ousmane Traore re 65 MOTION Motion to Intervene and Motion to Enforce to voluntarily withdraw his motion to intervene and to enforce, filed on September 24, 2021 (ECF 65). (Gillman, Sarah) (Entered: 04/13/2022)

TEXT ORDER granting 90 request to withdraw motion to intervene and enforce. The motion to intervene and enforce (Dkt. 65) filed by Movant Ousmane Traore will be deemed withdrawn and terminated. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/14/2022.(MGB) (Entered: 04/14/2022)

Letter filed by Jeffrey Searls as to Executive Office for Immigration Review, William Barr, Matthew Albence, Jeffrey Searls, Chad F. Wolf, United States Department of Justice, James McHenry Letter re Petitioner-Movant Barahona Garcia's removal from the United States. (Moar, Daniel) (Entered: 06/08/2022)