Granados Hernandez v. McAleenan et al

New York Southern District Court
Judge:Cathy Seibel
Case #: 7:19-cv-07321
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2241in Habeas Corpus: INS
Case Filed:Aug 06, 2019
Terminated:Nov 13, 2019
Last checked: Thursday Aug 08, 2019 4:15 AM EDT
Petitioner
Oscar Javier Granados Hernandez
336890 HUDSON CORRECTIONAL FACILITY 50 East Court Street P.O. Box 576
Hudson, NY 12534
Represented By
Christopher Charles Worth
The Law Office Of Christopher Worth
contact info
Respondent
Matthew Albence
New York, VA 22202
Respondent
William P. Barr
in his official capacity as Attorney General of the United States c/o U.S. Department of Justice
950 Pennsylvania Avenue, NW, DC 20530
Respondent
Thomas Decker
New York, NY 10014
Respondent
Ron Edwards
Respondent
Kevin K. McAleenan


Docket last updated: 05/23/2025 11:59 PM EDT
Wednesday, November 13, 2019
17 17 order Stipulation and Order of Voluntary Dismissal Wed 11/13 4:24 PM
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is hereby dismissed without prejudice and without costs or fees to either party. SO ORDERED. The Clerk shall close the case. (Signed by Judge Cathy Seibel on 11/13/2019) (mml)
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16 16 misc Proposed Stipulation and Order Wed 11/13 9:48 AM
PROPOSED STIPULATION AND ORDER. Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (Waterman, Brandon)
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Wednesday, August 21, 2019
15 15 2 pgs order Order on Motion to Dismiss/Lack of Jurisdiction Wed 08/21 10:38 AM
MEMO ENDORSEMENT on14 First Letter denying without prejudice to renewal8 Motion to Dismiss for Lack of Jurisdiction. ENDORSEMENT: That is fine. For administrative reasons I will deny the motion to dismiss without prejudice to renewal. (Should the Government wish to renew, it need only re-file the notice of motion and I will deem all the other papers re-filed.) Just so we do not lose track of the case, the parties shall submit a joint status update letter by September 23, 2019, if the case has not been discontinued by that time. SO ORDERED. (Signed by Judge Cathy Seibel on 8/21/2019) (mml)
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Tuesday, August 20, 2019
14 14 misc Letter Tue 08/20 6:21 PM
FIRST LETTER addressed to Judge Cathy Seibel from Christopher Worth dated August 20, 2019 re: Case Status, Withdrawal of Motion for Emergency Stay, and Request to Hold in Abeyance Motion to Dismiss. Document filed by Oscar Javier Granados Hernandez.(Worth, Christopher)
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Monday, August 19, 2019
13 13 2 pgs order Order Mon 08/19 6:14 PM
ORDER: Accordingly, there is no longer a pressing need for emergency relief. The Court therefore declines to rule on these pending matters and will instead leave them for the assigned district judge to adjudicate. (Signed by Judge Jed S. Rakoff on 8/16/2019) (ne)
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Friday, August 16, 2019
12 12 respm Reply Memorandum of Law in Opposition to Motion Fri 08/16 5:37 PM
SECOND REPLY MEMORANDUM OF LAW in Opposition re:8 MOTION to Dismiss for Lack of Jurisdiction . including Table of Authorities pursuant to Judge Rakoff's Individual Rule of Practice 2(d), with changes from the FIRST REPLY MEMORANDUM as follows (a) typographical error corrections, and (b) one substantive change to the text at page 5, line 18, clarifying that Judge Conroy asked zero substantive questions of the petitioner about his claimed fear, rather than asking zero substantive questions of the petitioner or his counsel about the petitioners claimed fear . Document filed by Oscar Javier Granados Hernandez.(Worth, Christopher)
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Att: 1 Affidavit Second Attorney Affirmation (Exhibit R)
11 11 15 pgs respm Memorandum of Law in Opposition to Motion Fri 08/16 12:19 PM
FIRST MEMORANDUM OF LAW in Opposition re:8 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Oscar Javier Granados Hernandez.(Worth, Christopher)
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Att: 1 Exhibit Exhibit R
Tuesday, August 13, 2019
10 10 respm Declaration in Support of Motion Tue 08/13 5:00 PM
DECLARATION of Deportation Officer Joseph Pujol in Support re:8 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan.(Waterman, Brandon)
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Att: 1 Exhibit A - Prior Removal Order Documents,
Att: 2 Exhibit B - IJ Reasonable Fear Determination Order
9 9 30+ pgs respm Memorandum of Law in Support of Motion Tue 08/13 4:59 PM
MEMORANDUM OF LAW in Support re:8 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (Waterman, Brandon)
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8 8 motion Dismiss/Lack of Jurisdiction Tue 08/13 4:50 PM
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan.(Waterman, Brandon)
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7 7 notice Notice of Appearance Tue 08/13 9:04 AM
NOTICE OF APPEARANCE by Brandon Matthew Waterman on behalf of Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (Waterman, Brandon)
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Wednesday, August 07, 2019
6 6 service Summons Issued Wed 08/07 9:18 AM
ELECTRONIC SUMMONS ISSUED as to Matthew Albence, William P. Barr, Thomas Decker, Ron Edwards, Kevin K. McAleenan. (jgo)
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misc Notice to Attorney Regarding Deficient Pleading Wed 08/07 9:02 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher Charles Worth re: Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party U.S. Department of Homeland Security. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 08/07 9:03 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Christopher Charles Worth. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo)
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misc Notice to Attorney Regarding Party Modification Wed 08/07 9:04 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Charles Worth. The party information for the following party/parties has been modified: Kevin K. McAleenan; Thomas Decker; Matthew Albence; William P. Barr; Ronald Edwards. 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)
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notice Case Opening Initial Assignment Notice Wed 08/07 9:09 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (jgo)
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utility Case Designation Wed 08/07 9:10 AM
Magistrate Judge Judith C. McCarthy 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:[LINK:http://nysd.uscourts.gov/forms.php] . (jgo)
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utility Case Designated ECF Wed 08/07 9:11 AM
Case Designated ECF. (jgo)
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Tuesday, August 06, 2019
5 5 AFFIDAVIT OF SERVICE of notice of appearance, summons and summons rider, Petition for a Writ of Habeas Corpus under 28 USC § 2241 and supporting exhibits A P, and civil cover sheet served on GEOFFREY S. BERMAN on 08/06/2019. Service was accepted by N/A. Service was made by MAIL. Document filed by Oscar Javier Granados Hernandez. (Worth, Christopher)
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4 4 REQUEST FOR ISSUANCE OF SUMMONS as to Kevin K. McAleenan, Thomas Decker, Matthew Albence, William P. Barr, Ron Edwards, re:1 Petition for Writ of Habeas Corpus,,. Document filed by Oscar Javier Granados Hernandez. (Worth, Christopher)
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3 3 CIVIL COVER SHEET filed. (Worth, Christopher)
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2 2 NOTICE OF APPEARANCE by Christopher Charles Worth on behalf of Oscar Javier Granados Hernandez. (Worth, Christopher)
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1 1 PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-17380987)Document filed by Oscar Javier Granados Hernandez.(Worth, Christopher)
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C,
Att: 4 Exhibit Exhibit D,
Att: 5 Exhibit Exhibit E,
Att: 6 Exhibit Exhibit F,
Att: 7 Exhibit Exhibit G,
Att: 8 Exhibit Exhibit H,
Att: 9 Exhibit Exhibit I,
Att: 10 Exhibit Exhibit J,
Att: 11 Exhibit Exhibit K,
Att: 12 Exhibit Exhibit L,
Att: 13 Exhibit Exhibit M,
Att: 14 Exhibit Exhibit N,
Att: 15 Exhibit Exhibit O,
Att: 16 Exhibit Exhibit P