Case: Diaz-Calderon v. BARR

2:20-cv-11235 | U.S. District Court for the Eastern District of Michigan

Filed Date: May 18, 2020

Closed Date: Feb. 16, 2022

Clearinghouse coding complete

Case Summary

On May 18, 2022, a Guatemalan native filed an emergency petition for a writ of habeas corpus in the U.S. District Court for the Eastern District of Michigan challenging his prolonged detention as a violation of his Due Process rights. Plaintiff also filed an emergency motion seeking a temporary restraining order preventing his imminent deportation. The Clearinghouse was unable to obtain copies of either document as they were filed under seal. All relevant case information was obtained from the …

On May 18, 2022, a Guatemalan native filed an emergency petition for a writ of habeas corpus in the U.S. District Court for the Eastern District of Michigan challenging his prolonged detention as a violation of his Due Process rights. Plaintiff also filed an emergency motion seeking a temporary restraining order preventing his imminent deportation. The Clearinghouse was unable to obtain copies of either document as they were filed under seal. All relevant case information was obtained from the court order granting Platintiff's habeas petition.

Plaintiff originally unlawfully entered the United States in 2012 and assumed residency with a cousin in California. In 2017, following a finding by a California probate court that Plaintiff could not return to Guatemala due to gang-related concerns, Plaintiff applied for an “I-360” Special Immigrant Juvenile status petition. If granted, this petition would have allowed Plaintiff to lawfully remain in the country. Prior to processing Plaintiff's petition application, U.S. Citizenship and Immigration Services (ICE) issued a new policy that they would no longer accept certain findings from California probate courts when processing such petitions. In 2018, Plaintiff's petition application was rejected under this new policy. Plaintiff was arrested in Michigan in 2019 and subsequently removed to Guatemala. This removal action occurred despite the existence of a court order issued following a class action brought by similarly situated individuals against the new ICE policy that temporarily forbade the federal government from taking certain adverse immigration enforcement actions against class members. Once an immigration judge became aware of Plaintiff's unlawful removal to Guatemala, Plaintiff was granted “Significant Benefit Parole” in February 2020 and allowed to re-enter the country. ICE then approved Plaintiff's I-360 petition in March 2020.

While litigating his immigration status before the federal Board of Immigration Appeals, Plaintiff filed for a writ of habeas corpus and a motion for a temporary restraining order and preliminary injunction in May 2020 in the U.S. District Court for the Eastern District of Michigan. He sought to prevent removal before he had the opportunity to obtain a visa and adjust his immigration status. District Court Judge Terrence G. Berg entered an order on November 10, 2020, granting Plaintiff's petition for writ of habeas corpus and motion for an order compelling immediate release. The judge also temporarily stayed Plaintiff's removal until the status adjustment process was completed. 535 F.Supp.3d 669. On February 16, 2022, Judge Berg entered an order dismissing the case at the parties' request.

Summary Authors

Logan Moore (1/24/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17174381/parties/diaz-calderon-v-barr/


Judge(s)

Berg, Terrence George (Michigan)

Expert/Monitor/Master/Other

Blumenau, Stephanie Mary (Michigan)

Dakin-Grimm, Linda (Michigan)

Hofwegen, Sara Lynn (Michigan)

Mikrut, Joshua J. (Michigan)

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Documents in the Clearinghouse

Document
37

2:20-cv-11235

Order Granting in Part Petitioner’s Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 2)

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion

2020 WL 5645191

55

2:20-cv-11235

Order Granting Petitioner’s Ex Parte Application for Habeas Corpus and Denying Respondents’ Request to Dismiss

Nov. 10, 2020

Nov. 10, 2020

Order/Opinion

535 F.Supp.3d 669

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17174381/diaz-calderon-v-barr/

Last updated Dec. 16, 2025, 3:36 a.m.

ECF Number Description Date Link Date / Link
1

Emergency PETITION for Writ of Habeas Corpus Regarding Deportation filed by Melvin Wilmer Diaz-Calderon against REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O) (Mikrut, Joshua) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

2

Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O) (Mikrut, Joshua) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

3

Notice of Filing Fee Not Paid. Correction due by 5/26/2020 (SOso) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

4

NOTICE of Appearance by Lynn Marie Dodge on behalf of REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

5

ORDER TEMPORARILY Staying Deportation. Set Motion Deadlines as to 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION:(Response due by 5/26/2020, Reply due by 5/28/2020) Signed by District Judge Terrence G. Berg. (AChu) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

RECAP
6

NOTICE of Appearance by Stephanie Mary Blumenau on behalf of Melvin Wilmer Diaz-Calderon. (Blumenau, Stephanie) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

7

STIPULATION AND ORDER to Extend Time to re 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION filed by Melvin Wilmer Diaz-Calderon. Set Motion Deadlines as to 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION: Response due by 6/2/2020, Reply due by 6/16/2020 Signed by District Judge Terrence G. Berg. (AChu) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

8

APPLICATION to Proceed without prepaying fees or costs by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Document Continuation Declaration of Attorney Blumenau) (Blumenau, Stephanie) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

9

ATTORNEY APPEARANCE: Sara Lynn Van Hofwegen appearing on behalf of Melvin Wilmer Diaz-Calderon (Van Hofwegen, Sara) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

10

ATTORNEY APPEARANCE: Mary Tanagho Ross appearing on behalf of Melvin Wilmer Diaz-Calderon (Ross, Mary) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

11

ORDER granting 8 Application to Proceed Without Prepaying Fees or Costs. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

12

ATTORNEY APPEARANCE: James Whooley appearing on behalf of All Plaintiffs (Whooley, James) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

13

ATTORNEY APPEARANCE: Linda Dakin-Grimm appearing on behalf of All Plaintiffs (Dakin-Grimm, Linda) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

14

Ex Parte MOTION for Leave to File Excess Pages by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

15

RESPONSE to 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION filed by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Dodge, Lynn) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

TEXT-ONLY ORDER GRANTING 14 Ex Parte MOTION for Leave to File Excess Pages. Issued by District Judge Terrence G. Berg. (AChu)

June 2, 2020

June 2, 2020

~Util - Terminate Motions AND Text-Only Order

June 2, 2020

June 2, 2020

16

NOTICE OF HEARING BY VIDEO CONFERENCE on 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION. Motion Hearing set for 6/24/2020 02:00 PM before District Judge Terrence G. Berg |Zoom Webinar Information: Please click this URL to join. https://zoom.us/j/98128058372?pwd=R3F3TE05SFlHeHQxLzJFcExFUWUwUT09 Password: 456172 Webinar ID: 981 2805 8372 Password: 456172 SIP: 98128058372@zoomcrc.com Password: 456172| (AChu) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

17

Ex Parte MOTION for Leave to File Notice of Supplemental Declaration by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Attachments: # 1 Exhibit) (Dodge, Lynn) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

18

Ex Parte MOTION for Leave to File Excess Pages by Melvin Wilmer Diaz-Calderon. (Blumenau, Stephanie) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

19

NOTICE by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf re 15 Response to Motion, Supplemental Declaration (Attachments: # 1 Exhibit Supplemental Declaration) (Dodge, Lynn) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

20

MOTION to Strike Declarations Filed By Respondents In Support of Their Response To A Request For A Temporary Restraining Order by Melvin Wilmer Diaz-Calderon. (Dakin-Grimm, Linda) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

21

REPLY to Response re 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION filed by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Declaration of Attorney Blumenau, # 2 Declaration Melvin Diaz Calderon) (Dakin-Grimm, Linda) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

TEXT-ONLY ORDER GRANTING 18 Ex Parte MOTION for Leave to File Excess Pages; GRANTING 17 Ex Parte MOTION for Leave to File Notice of Supplemental Declaration. Issued by District Judge Terrence G. Berg. (AChu)

June 16, 2020

June 16, 2020

~Util - Terminate Motions AND Text-Only Order

June 16, 2020

June 16, 2020

22

NOTICE OF HEARING BY VIDEO CONFERENCE on 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION. Motion Hearing set for 6/24/2020 02:00 PM before District Judge Terrence G. Berg |Zoom Webinar Information: Please click the link below to join the webinar: https://zoom.us/j/98128058372?pwd=R3F3TE05SFlHeHQxLzJFcExFUWUwUT09 Password: 456172 Or iPhone one-tap : US: +13126266799,,98128058372#,,,,0#,,456172# or +16027530140,,98128058372#,,,,0#,,456172#| (AChu) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

23

NOTICE OF HEARING BY VIDEO CONFERENCE on 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION. Motion Hearing set for 7/9/2020 10:00 AM before District Judge Terrence G. Berg |Zoom Webinar Information: https://zoom.us/j/98128058372?pwd=R3F3TE05SFlHeHQxLzJFcExFUWUwUT09 Password: 456172 Or iPhone one-tap : US: +13126266799,,98128058372#,,,,0#,,456172# or +16027530140,,98128058372#,,,,0#,,456172#| (AChu) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

24

RESPONSE to 20 MOTION to Strike Declarations Filed By Respondents In Support of Their Response To A Request For A Temporary Restraining Order filed by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

TEXT-ONLY ORDER: Parties are directed to submit supplemental briefing addressing whether, and if so, how, Garcia v. Barr, 960 F.3d 893 (6th Cir. 2020) affects the pending 2 Emergency Motion for Temporary Restraining Order. Each party is limited to three pages. (Response due by 09:00 AM on 7/9/2020) Issued by District Judge Terrence G. Berg. (AChu)

July 2, 2020

July 2, 2020

~Util - Set Deadlines/Hearings AND Text-Only Order

July 2, 2020

July 2, 2020

25

REPLY to Response re 20 MOTION to Strike Declarations Filed By Respondents In Support of Their Response To A Request For A Temporary Restraining Order filed by Melvin Wilmer Diaz-Calderon. (Dakin-Grimm, Linda) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

26

SUR-REPLY re 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION filed by Melvin Wilmer Diaz-Calderon. (Dakin-Grimm, Linda) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

27

SUPPLEMENTAL BRIEF re Text-Only Order,, Set Deadlines/Hearings, Garcia v. Barr filed by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

Minute Entry for proceedings before District Judge Terrence G. Berg: Motion Hearing held on 7/9/2020 re 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION filed by Melvin Wilmer Diaz-Calderon Disposition: Motion taken under advisement (Court Reporter: Christin Russell) (MacKay, K)

July 9, 2020

July 9, 2020

TEXT-ONLY ORDER: Parties are directed to submit supplemental briefing addressing the question of whether the Court has jurisdiction to consider Petitioners continued detention and whether release from detention is appropriate. The Court also directs the parties to the Supreme Courts recent decision in Dept of Homeland Security v. Thuraissigiam, 140 S. Ct. 1959 (June 25, 2020), and asks the parties to address this case to the extent they believe it affects the case. Each party is limited to ten pages. Petitioners brief is due by 7/16/20 and Respondents response is due by 7/23/20. Any reply by Petitioner is limited to five pages and due by 7/27/20. Issued by District Judge Terrence G. Berg. (MacKay, K)

July 9, 2020

July 9, 2020

Text-Only Order

July 9, 2020

July 9, 2020

28

STIPULATION Of Respondents by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf (Dodge, Lynn) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

29

RESPONSE to 28 Stipulation by Melvin Wilmer Diaz-Calderon. (Dakin-Grimm, Linda) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

30

SUPPLEMENTAL BRIEF re 1 Petition for Writ of Habeas Corpus - Deportation,, filed by Melvin Wilmer Diaz-Calderon. (Dakin-Grimm, Linda) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

31

INDEX of Exhibits re 30 Supplemental Brief by Melvin Wilmer Diaz-Calderon (Attachments: # 1 Exhibit (A) Psychological Evaluation of Melvin by Debra Waters-Roman, # 2 Exhibit (B) Letters of Support from Melvin's Family and Friends, # 3 Exhibit (C) Letter of Support from Melvin's Bible Study Classmates, # 4 Exhibit (D) Alcohol Highway Safety Program Certificate of Completion) (Blumenau, Stephanie) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

32

SUPPLEMENTAL BRIEF re Text-Only Order,,, Set Motion and R&R Deadlines/Hearings,, on Jurisdiction filed by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

33

SUPPLEMENTAL BRIEF re 32 Supplemental Brief, Text-Only Order,,, Set Motion and R&R Deadlines/Hearings,, Reply Re Jurisdiction to Address Detention filed by Melvin Wilmer Diaz-Calderon. (Blumenau, Stephanie) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

34

NOTICE OF HEARING BY VIDEO CONFERENCE on Supplemental Briefing to 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION. Motion Hearing set for 8/18/2020 02:00 PM before District Judge Terrence G. Berg |Zoom Webinar Information: https://zoom.us/j/99253170567?pwd=cGhPaFEraVpzbHJ2dThrZzI5Y2lwQT09 Passcode: 962015 Or iPhone one-tap : US: +13126266799,,99253170567#,,,,,,0#,,962015# or +16027530140,,99253170567#,,,,,,0#,,962015#| (AChu) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

Minute Entry for proceedings before District Judge Terrence G. Berg: Motion Hearing held on 8/18/2020 re 2 Emergency MOTION for Temporary Restraining Order IMMINENT DEPORTATION filed by Melvin Wilmer Diaz-Calderon. Disposition: Motion taken under advisement (Court Reporter: Linda Cavanagh) (AChu)

Aug. 18, 2020

Aug. 18, 2020

35

INDEX of Exhibits by Melvin Wilmer Diaz-Calderon Petitioner's Supplemental Filing in Support of Petitioner's Release from Detention (Attachments: # 1 Exhibit A - Order Granting Plaintiff's Motion for Preliminary Injunction, J.L. v. Cuccinelli, # 2 Exhibit B - Settlement Agreement, J.L. v. Cuccinelli, # 3 Exhibit C - Order Holding Defendant's in Civil Contempt and Ordering Sanctions, J.L. v. Cuccinelli, # 4 Exhibit D - Order Granting in Part Petitioner's Motion for Temporary Restraining Order, Garcia v. Barr) (Blumenau, Stephanie) (Entered: 08/19/2020)

Aug. 19, 2020

Aug. 19, 2020

36

ADDENDUM re 35 Exhibit Index,, Notice of Supplemental Authority Supporting the Court's Jurisdiction to Order Petitioner's Release from Detention by Melvin Wilmer Diaz-Calderon (Attachments: # 1 Exhibit A - Order Granting Petitioner's Motion for Attorney's Fees) (Blumenau, Stephanie) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

37

ORDER GRANTING IN PART 2 Petitioner's MOTION for Temporary Restraining Order and Preliminary Injunction. (Response due by 10/22/2020) Signed by District Judge Terrence G. Berg. (AChu) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

Clearinghouse
38

NOTICE of Appearance by Zak Toomey on behalf of REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Toomey, Zak) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

39

MOTION for Reconsideration re 37 Order, Set Deadlines/Hearings, Terminate Motions by All Defendants. (Attachments: # 1 Exhibit Notice of Hearing) (Toomey, Zak) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

40

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 10/2/2020 03:30 PM before District Judge Terrence G. Berg (AChu) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

41

Ex Parte MOTION to Quash Improper Hearing and Requiring Melvin's Immediate Release by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - Blumenau Declaration, # 3 Exhibit B - Notice of Hearing) (Blumenau, Stephanie) (Entered: 10/02/2020)

Oct. 2, 2020

Oct. 2, 2020

42

ORDER Staying Order of September 22, 2020. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 10/05/2020)

Oct. 2, 2020

Oct. 2, 2020

Minute Entry for proceedings before District Judge Terrence G. Berg: Miscellaneous Hearing held on 10/2/2020 (Court Reporter: Darlene May) (AChu)

Oct. 2, 2020

Oct. 2, 2020

43

SUPPLEMENTAL BRIEF re 41 Ex Parte MOTION to Quash Improper Hearing and Requiring Melvin's Immediate Release, 37 Order, Set Deadlines/Hearings, Terminate Motions filed by Melvin Wilmer Diaz-Calderon. (Blumenau, Stephanie) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

44

SUPPLEMENTAL BRIEF re 42 Order Staying Order of September 22, 2020 filed by All Defendants. (Attachments: # 1 Exhibit BIA Order) (Toomey, Zak) (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

45

ORDER Lifting Stay of 37 Order Dated September 22, 2020. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

RECAP
45

ORDER Lifting Stay of 37 Order Dated September 22, 2020. Signed by District Judge Terrence G. Berg. (AChu)

Oct. 9, 2020

Oct. 9, 2020

RECAP
46

SUPPLEMENTAL BRIEF re 37 Order, Set Deadlines/Hearings, Terminate Motions, 45 Order, Terminate Motions Petitioner's Status Report Pursuant to the Court's Orders Entered on September 22, 2020 and October 9, 2020 filed by Melvin Wilmer Diaz-Calderon. (Blumenau, Stephanie) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

46

SUPPLEMENTAL BRIEF re 37 Order, Set Deadlines/Hearings, Terminate Motions, 45 Order, Terminate Motions Petitioner's Status Report Pursuant to the Court's Orders Entered on September 22, 2020 and October 9, 2020 filed by Melvin Wilmer Diaz-Calderon. (Blumenau, Stephanie) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

47

STATUS REPORT by All Defendants (Toomey, Zak) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

48

Supplemental Status REPORT by REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf (Attachments: # 1 Exhibit A) (Dodge, Lynn) (Entered: 10/23/2020)

Oct. 23, 2020

Oct. 23, 2020

49

APPLICATION Ex Parte Application for Order Requiring Melvin's Immediate Release and Retention of Jurisdiction by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Exhibit A - Blumenau Declaration) (Blumenau, Stephanie) (Entered: 10/25/2020)

Oct. 25, 2020

Oct. 25, 2020

49

APPLICATION Ex Parte Application for Order Requiring Melvin's Immediate Release and Retention of Jurisdiction by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Exhibit A - Blumenau Declaration) (Blumenau, Stephanie) (Entered: 10/25/2020)

Oct. 25, 2020

Oct. 25, 2020

50

NOTICE OF HEARING BY VIDEO CONFERENCE. Government's Response to 49 Ex Parte Application due by 10/27/2020, Hearing set for 10/28/2020 11:00 AM before District Judge Terrence G. Berg |Zoom Webinar Information: https://www.zoomgov.com/j/1610194241?pwd=emRQWEFWY20xYng2ZEJURkZzRE13dz09 Passcode: 395331 Or iPhone one-tap : US: +16692545252,,1610194241# or +16468287666,,1610194241#| (AChu) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

50

NOTICE OF HEARING BY VIDEO CONFERENCE. Government's Response to 49 Ex Parte Application due by 10/27/2020, Hearing set for 10/28/2020 11:00 AM before District Judge Terrence G. Berg |Zoom Webinar Information: https://www.zoomgov.com/j/1610194241?pwd=emRQWEFWY20xYng2ZEJURkZzRE13dz09 Passcode: 395331 Or iPhone one-tap : US: +16692545252,,1610194241# or +16468287666,,1610194241#| (AChu) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

51

NOTICE OF HEARING BY VIDEO CONFERENCE. Motion Hearing RESET for 10/30/2020 02:00 PM before District Judge Terrence G. Berg |Zoom Webinar Information: https://www.zoomgov.com/j/1610194241?pwd=emRQWEFWY20xYng2ZEJURkZzRE13dz09 Passcode: 395331 Or iPhone one-tap : US: +16692545252,,1610194241# or +16468287666,,1610194241#| (AChu) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

51

NOTICE OF HEARING BY VIDEO CONFERENCE. Motion Hearing RESET for 10/30/2020 02:00 PM before District Judge Terrence G. Berg |Zoom Webinar Information: https://www.zoomgov.com/j/1610194241?pwd=emRQWEFWY20xYng2ZEJURkZzRE13dz09 Passcode: 395331 Or iPhone one-tap : US: +16692545252,,1610194241# or +16468287666,,1610194241#| (AChu) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

52

RESPONSE to re 49 Application for Immediate Release filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 BIA Remand Order, # 3 Exhibit 2 Immigration Court Hearing Transcript, # 4 Exhibit 3 Removal Hearing Notice, # 5 Exhibit 4 IJ Order, # 6 Exhibit 5 Matter of Siniauskas) (Toomey, Zak) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

52

RESPONSE to re 49 Application for Immediate Release filed by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 BIA Remand Order, # 3 Exhibit 2 Immigration Court Hearing Transcript, # 4 Exhibit 3 Removal Hearing Notice, # 5 Exhibit 4 IJ Order, # 6 Exhibit 5 Matter of Siniauskas) (Toomey, Zak) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

53

SUPPLEMENTAL BRIEF re 49 Application Notice of Supplemental Authority Regarding Habeas Corpus Jurisdiction filed by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Exhibit A - Velasco Lopez v. Decker 2020 WL 6278204) (Blumenau, Stephanie) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

53

SUPPLEMENTAL BRIEF re 49 Application Notice of Supplemental Authority Regarding Habeas Corpus Jurisdiction filed by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Exhibit A - Velasco Lopez v. Decker 2020 WL 6278204) (Blumenau, Stephanie) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

54

REPORT Providing Materials from Immigration Court by All Defendants (Attachments: # 1 Exhibit Transcript of 10/21 Hearing, # 2 Exhibit IJ Order, # 3 Exhibit Hearing Ex. 1 - Fed Ct. Orders, # 4 Exhibit Hearing Ex. 2 - DHS Exhibits part 1, # 5 Exhibit Hearing Ex. 3 - DHS Exhibits part 2, # 6 Exhibit Hearing Ex. 4 - Diaz Calderon Exhibits, # 7 Exhibit Transcript of 10/28 Hearing, # 8 Exhibit Notice of 11/24 Hearing, # 9 Exhibit Diaz Calderon Motion to Terminate, # 10 Exhibit Diaz Calderon I-485 Application, # 11 Exhibit Diaz Calderon I-589 Application, # 12 Exhibit DHS Response to Mot. to Terminate) (Toomey, Zak) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

Minute Entry for proceedings before District Judge Terrence G. Berg: Hearing held on 10/30/2020 re 49 APPLICATION Ex Parte Application for Order Requiring Melvin's Immediate Release and Retention of Jurisdiction by Melvin Wilmer Diaz-Calderon. Disposition: Taken under advisement. (Court Reporter: Linda Cavanagh) (AChu)

Oct. 30, 2020

Oct. 30, 2020

55

ORDER Granting Petitioner's Ex Parte Application for Habeas Corpus and Denying Respondents' Request to Dismiss. Signed by District Judge Terrence G. Berg. (Sandusky, K) (Entered: 11/10/2020)

Nov. 10, 2020

Nov. 10, 2020

Clearinghouse
55

ORDER Granting Petitioner's Ex Parte Application for Habeas Corpus and Denying Respondents' Request to Dismiss. Signed by District Judge Terrence G. Berg. (Sandusky, K)

Nov. 10, 2020

Nov. 10, 2020

Clearinghouse
56

APPLICATION Ex Parte Application for Order Requiring Melvin's Immediate Release Pursuant to this Court's November 10, 2020 Order by Melvin Wilmer Diaz-Calderon. (Attachments: # 1 Exhibit A - Blumenau Declaration) (Blumenau, Stephanie) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

57

NOTICE by All Defendants re 56 Application, 55 Order of Petitioner's Release (Toomey, Zak) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

57

NOTICE by All Defendants re 56 Application, 55 Order of Petitioner's Release (Toomey, Zak) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

58

NOTICE OF APPEAL by All Defendants re 37 Order, Set Deadlines/Hearings, Terminate Motions, 45 Order, Terminate Motions, 55 Order. Fee Status: No Fee Paid. (Newby, Jennifer) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

58

NOTICE OF APPEAL by All Defendants re 37 Order, Set Deadlines/Hearings, Terminate Motions, 45 Order, Terminate Motions, 55 Order. Fee Status: No Fee Paid. (Newby, Jennifer) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

59

NOTICE OF APPEAL by All Defendants re 37 Order, Set Deadlines/Hearings, Terminate Motions, 45 Order, Terminate Motions, 55 Order. Fee Status: No Fee Paid. (Dodge, Lynn) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

59

NOTICE OF APPEAL by All Defendants re 37 Order, Set Deadlines/Hearings, Terminate Motions, 45 Order, Terminate Motions, 55 Order. Fee Status: No Fee Paid. (Dodge, Lynn) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

60

Certificate of Service re 58 Notice of Appeal. (SKra) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

60

Certificate of Service re 58 Notice of Appeal. (SKra) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

61

Certificate of Service re 59 Notice of Appeal. (SKra) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

61

Certificate of Service of Notice of Appeal - 6th Circuit*

Nov. 20, 2020

Nov. 20, 2020

62

TRANSCRIPT of Miscellaneous Hearing held on October 2, 2020. (Court Reporter: Darlene K. May) (Number of Pages: 34) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/10/2021. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

63

TRANSCRIPT of Motion for Temporary Restraining Order held on 08/18/2020. (Court Reporter/Transcriber: Linda M. Cavanagh) (Number of Pages: 58) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021. 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, the transcript is publicly available. (Cavanagh, Linda) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

64

TRANSCRIPT of Application for Order for Immediate Release held on 10/30/2020. (Court Reporter/Transcriber: Linda M. Cavanagh) (Number of Pages: 41) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021. 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, the transcript is publicly available. (Cavanagh, Linda) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

65

TRANSCRIPT of Motion Hearing held on 7/9/2020. (Court Reporter/Transcriber: Christin E. Russell) (Number of Pages: 33) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/5/2021. Redacted Transcript Deadline set for 1/15/2021. Release of Transcript Restriction set for 3/15/2021. 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, the transcript is publicly available. (Russell, C.) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

66

NOTICE of Withdrawal of Attorney Lynn Marie Dodge for on behalf of REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

66

NOTICE of Withdrawal of Attorney Lynn Marie Dodge for on behalf of REBECCA J. ADDUCCI, MATTHEW T. ALBENCE, WILLIAM P BARR, Chad F. Wolf. (Dodge, Lynn) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

67

ORDER of Attorney Withdrawal. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

67

ORDER of Attorney Withdrawal. Signed by District Judge Terrence G. Berg. (AChu) (Entered: 03/01/2021)

March 1, 2021

March 1, 2021

68

ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-2159] (TTho) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

68

ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number 20-2159] (TTho) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

69

ORDER from U.S. Court of Appeals - Sixth Circuit re 59 Notice of Appeal, 58 Notice of Appeal [Appeal Case Number 20-2159] (TTho) (Entered: 08/17/2021)

Aug. 16, 2021

Aug. 16, 2021

69

ORDER from U.S. Court of Appeals - Sixth Circuit re 59 Notice of Appeal, 58 Notice of Appeal [Appeal Case Number 20-2159] (TTho) (Entered: 08/17/2021)

Aug. 16, 2021

Aug. 16, 2021

70

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 1/25/2022 03:30 PM before District Judge Terrence G. Berg (AChu) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

70

NOTICE TO APPEAR BY TELEPHONE: Miscellaneous Hearing set for 1/25/2022 03:30 PM before District Judge Terrence G. Berg (AChu) (Entered: 01/19/2022)

Jan. 19, 2022

Jan. 19, 2022

Case Details

State / Territory:

Michigan

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 18, 2020

Closing Date: Feb. 16, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Guatemalan native who had previously been unlawfully removed from the country and then allowed re-entry though Significant Benefit Parole who, following re-entry, had been in prolonged ICE custody.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (- United States (national) -), Federal

U.S. Immigration and Customs Enforcement (- United States (national) -), Federal

U.S. Department of Justice (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

Eastern District of Michigan 2:20-cv-11235

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

Habeas relief

Source of Relief:

Litigation

Issues

Discrimination Basis:

Immigration status

Immigration/Border:

Deportation - judicial review