Stephens v. Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office et al
| Florida Southern District Court | |
| Judge: | Jose E Martinez |
| Referred: | Lauren Fleischer Louis |
| Case #: | 1:23-cv-23455 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (Federal) |
| Case Filed: | Sep 08, 2023 |
| Terminated: | Apr 19, 2024 |
| Last checked: Wednesday Mar 06, 2024 3:33 AM EST |
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Defendant
Acting Director of U.S. Immigration and Customs Enforcement
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Represented By
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Defendant
Attorney General of the United States
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Represented By
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Defendant
Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office
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Represented By
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Defendant
Secretary of the U.S. Department of Homeland Security
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Represented By
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Plaintiff
Noel Ricardo Stephens
18201 SW 12 St
Miami, FL 33194 |
Represented By
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| Docket last updated: 3 hours ago |
| Friday, April 19, 2024 | ||
| 37 | 37
1
pgs
order
Order Dismissing/Closing Case or Party
Mon 04/22 9:26 AM
FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE ON JOINT STIPULATION: re35 Joint Stipulation of Dismissal. It is ORDERED AND ADJUDGED that this action is DISMISSED WITHOUT PREJUDICE. All pending motions in this case are DENIED as MOOT, and this case is CLOSED. Closing Case. (Without Prejudice) Signed by Judge Jose E. Martinez on 4/19/2024. See attached document for full details. (wce) |
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| 36 | 36
misc
Stipulation of Dismissal - aty
Fri 04/19 4:04 PM
STIPULATION of Dismissal Joint by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security (Soto, Amy) |
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| Thursday, April 18, 2024 | ||
| 35 | 35
misc
Stipulation of Dismissal - aty
Thu 04/18 11:44 PM
STIPULATION of Dismissal by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security (Soto, Amy) |
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| Thursday, March 07, 2024 | ||
| 34 | 34
misc
Status Report
Thu 03/07 12:36 PM
STATUS REPORT by Noel Ricardo Stephens(Montanez, Felix) |
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Att: 1
Exhibit Immigration Court Hearing Cancellation,
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Att: 2
Exhibit EOIR Case Notes
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| Thursday, February 08, 2024 | ||
| 33 | 33
respoth
Objections to Report and Recommendations
Thu 02/08 11:26 PM
OBJECTIONS to28 Report and Recommendations by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security. (Soto, Amy) |
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| Wednesday, February 07, 2024 | ||
| 32 | 32
respoth
Objections to Report and Recommendations
Wed 02/07 10:32 PM
OBJECTIONS to28 Report and Recommendations by Noel Ricardo Stephens. (Montanez, Felix) |
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| Monday, February 05, 2024 | ||
| 31 | 31
respm
Reply to Response to Motion
Mon 02/05 11:53 PM
REPLY to Response to Motion re18 MOTION for Discovery filed by Noel Ricardo Stephens. (Montanez, Felix) |
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| Monday, January 29, 2024 | ||
| 30 | 30
order
Order on Motion for Extension of Time
Mon 01/29 6:00 PM
PAPERLESS ORDER granting29 Motion for Extension of Time. It is ORDERED AND ADJUDGED that Petitioner's29 Motion for Extension of Time is GRANTED. Petitioner may file his Reply in support of his18 Motion for Leave on or before February 5, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 1/29/2024. (as06) |
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| 29 | 29
motion
Extension of Time
Mon 01/29 3:29 PM
Unopposed MOTION for Extension of Time to Reply to Respondents' Opposition to Petitioner's Motion for Leave to Conduct Limited Discovery re27 Response in Opposition to Motion, by Noel Ricardo Stephens. Responses due by 2/12/2024. (Montanez, Felix) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Tue 01/30 8:25 AM
Reset Deadline per DE#30 as to18 MOTION for Discovery. Replies due by 2/5/2024. (scn) |
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| Wednesday, January 24, 2024 | ||
| 28 | 28
motion
Report and Recommendations
Thu 01/25 9:36 AM
REPORT AND RECOMMENDATIONS ON PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. § 2241: For the foregoing reasons, the undersigned respectfully RECOMMENDS that: The Petition for Writ of Habeas Corpus (ECF No.1 ), filed by Petitioner Noel Ricardo Stephens, should be GRANTED, in part. Objections to R&R due by 2/7/2024. Signed by Magistrate Judge Lauren Fleischer Louis on 1/24/2024. See attached document for full details. (wce) |
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| 27 | 27
respm
Response in Opposition to Motion
Wed 01/24 8:02 PM
RESPONSE in Opposition re18 MOTION for Discovery filed by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security. Replies due by 1/31/2024. (Soto, Amy) |
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| Monday, January 22, 2024 | ||
| 26 | 26
order
Order on Motion for Extension of Time
Mon 01/22 8:57 AM
PAPERLESS ORDER granting25 Unopposed Motion for Extension of Time. Respondents, Garrett J. Ripa, in his official capacity as Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office; Patrick Lechleitner, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement; Alejandro Mayorkas, in his official capacity as the Secretary of the U.S. Department of Homeland Security; and Merrick Garland, in his official capacity as Attorney General of the United States, shall respond to Petitioners Motion for Leave to Conduct Limited Discovery on or before January 24, 2024 . Signed by Judge Jose E. Martinez on 1/22/2024. (jck) |
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| Friday, January 19, 2024 | ||
| 25 | 25
motion
Extension of Time
Fri 01/19 6:07 PM
Unopposed MOTION for Extension of Time RESPOND TO PETITIONERS MOTION FOR LEAVE TO CONDUCT LIMITED DISCOVERY by Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security. Responses due by 2/2/2024.(Soto, Amy) |
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Att: 1
Text of Proposed Order Proposed Order
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| Wednesday, January 17, 2024 | ||
| 24 | 24
notice
Notice of Supplemental Authority
Wed 01/17 3:10 PM
Notice of Supplemental Authority re1 Application/Petition (Complaint) for Writ of Habeas Corpus,,,, by Noel Ricardo Stephens (Montanez, Felix) |
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| Tuesday, January 09, 2024 | ||
| 22 | 22
minutes
Writ Hearing
Wed 01/10 12:48 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Oral Argument on15 Petition for Writ of Habeas Corpus Hearing held on 1/9/2024. Matter taken under advisement. Total time in court: 45 minutes. Attorney Appearance(s): Amy Lynn Soto, Felix Alberto Montanez. Other Appearances: Petitioner Noel Ricardo Stephens. (Digital 10:15:16) (aw) |
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| 21 | 21
notice
Notice of Compliance
Tue 01/09 3:17 PM
NOTICE of Compliance re20 Order on Motion to Seal. The Clerk has sealed ECF Nos. 1-19, 18, 18-1, 18-3, 18-4, 18-5, 18-7, 18-8, 18-13, 18-14, 18-15, 18-16, 18-17 and 18-18. (scn) |
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| 20 | 20
1
pgs
order
Order on Motion to Seal
Tue 01/09 3:11 PM
ORDER GRANTING17 MOTION TO SEAL CERTAIN DOCUMENTS. Signed by Judge Jose E. Martinez on 1/9/2024. See attached document for full details. (scn) |
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| 19 | 19
notice
Notice of Reassignment of AUSA/AFPD
Tue 01/09 2:29 PM
Notice of Reassignment of Assistant U.S. Attorney by Amy Lynn Soto on behalf of Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security. Attorney Julianne Bagley representing Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office (Defendant) and Acting Director of U.S. Immigration and Customs Enforcement (Defendant) and Secretary of the U.S. Department of Homeland Security (Defendant); and Attorney General of the United States (Defendant); terminated.. Attorney Amy Lynn Soto added to party Acting Director of U.S. Immigration and Customs Enforcement(pty:dft), Attorney Amy Lynn Soto added to party Attorney General of the United States(pty:dft), Attorney Amy Lynn Soto added to party Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office(pty:dft), Attorney Amy Lynn Soto added to party Secretary of the U.S. Department of Homeland Security(pty:dft). (Soto, Amy) |
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| Monday, January 08, 2024 | ||
| 18 | 18
motion
Discovery
Mon 01/08 4:25 PM
MOTION for Discovery by Noel Ricardo Stephens. Responses due by 1/22/2024(Montanez, Felix) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11,
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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13,
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Att: 14
Exhibit 14,
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Att: 15
Exhibit 15,
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Att: 16
Exhibit 16,
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Att: 17
Exhibit 17,
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Att: 18
Exhibit 18
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| 17 | 17
motion
Motion to Seal (Public)
Mon 01/08 4:17 PM
MOTION to Seal and Redact Certain Public Documents per Local Rule 5.4 by Noel Ricardo Stephens. (Montanez, Felix) |
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Att: 1
Exhibit A - 1-19 Release Plan,
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Att: 2
Text of Proposed Order
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| Friday, December 01, 2023 | ||
| 16 | 16
order
Order on Motion for Hearing
Fri 12/01 4:21 PM
PAPERLESS ORDER granting15 Motion to Set Oral Argument. It is hereby ORDERED that Petitioner Noel Ricardo Stephens's15 Unopposed Motion to Schedule Oral Argument is GRANTED. Oral Argument on the1 Petition for Writ of Habeas Corpus, under 28 U.S.C. § 2241, is now set before the undersigned United States Magistrate Judge for Tuesday, January 9, 2024, at 10:15 A.M. in Miami Division at the C. Clyde Atkins United States Courthouse, 11th Floor, 301 North Miami Avenue, Miami, Florida 33128. Signed by Magistrate Judge Lauren Fleischer Louis on 12/1/2023. (elm) |
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| Wednesday, November 08, 2023 | ||
| 15 | 15
motion
Hearing
Wed 11/08 11:17 AM
Unopposed MOTION for Hearing and Oral Argument by Noel Ricardo Stephens. (Montanez, Felix) |
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| Thursday, October 26, 2023 | ||
| 14 | 14
misc
Reply to Response to Order to Show Cause
Thu 10/26 11:29 PM
REPLY to13 Response to Order to Show Cause, by Noel Ricardo Stephens.(Montanez, Felix) |
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Att: 1
Exhibit BIA Remand dated October 4, 2023,
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Att: 2
Exhibit Arizona Superior Court Records
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| Thursday, October 12, 2023 | ||
| 13 | 13
misc
Response to Order to Show Cause
Thu 10/12 4:25 PM
RESPONSE TO ORDER TO SHOW CAUSE re10 Order to Show Cause,, Terminate Motions, by Secretary of the U.S. Department of Homeland Security, Acting Director of U.S. Immigration and Customs Enforcement, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Attorney General of the United States.(Bagley, Julianne) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G
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| Wednesday, October 04, 2023 | ||
| 12 | 12
notice
Notice of Reassignment of AUSA/AFPD
Wed 10/04 2:44 PM
Notice of Reassignment of Assistant U.S. Attorney by Julianne Bagley on behalf of Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security. Attorney Felipe Plechac-Diaz representing Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office (Defendant) and Acting Director of U.S. Immigration and Customs Enforcement (Defendant) and Secretary of the U.S. Department of Homeland Security (Defendant); and Attorney General of the United States (Defendant); terminated.. Attorney Julianne Bagley added to party Acting Director of U.S. Immigration and Customs Enforcement(pty:dft), Attorney Julianne Bagley added to party Attorney General of the United States(pty:dft), Attorney Julianne Bagley added to party Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office(pty:dft), Attorney Julianne Bagley added to party Secretary of the U.S. Department of Homeland Security(pty:dft). (Bagley, Julianne) |
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| Tuesday, October 03, 2023 | ||
| 11 | 11
notice
Notice of Attorney Appearance
Tue 10/03 5:17 PM
NOTICE of Attorney Appearance by Felipe Plechac-Diaz on behalf of Acting Director of U.S. Immigration and Customs Enforcement, Attorney General of the United States, Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office, Secretary of the U.S. Department of Homeland Security. Attorney Felipe Plechac-Diaz added to party Acting Director of U.S. Immigration and Customs Enforcement(pty:dft), Attorney Felipe Plechac-Diaz added to party Attorney General of the United States(pty:dft), Attorney Felipe Plechac-Diaz added to party Field Office Director of U.S. Immigration and Customs Enforcement Miami Field Office(pty:dft), Attorney Felipe Plechac-Diaz added to party Secretary of the U.S. Department of Homeland Security(pty:dft). (Plechac-Diaz, Felipe) |
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| Thursday, September 21, 2023 | ||
| 10 | 10
2
pgs
order
Order to Show Cause ~Util - Terminate Motions
Fri 09/22 9:37 AM
ORDER TO SHOW CAUSE: Granting in part5 MOTION to Expedite and for Order to Show Cause filed by Noel Ricardo Stephens. Signed by Magistrate Judge Lauren Fleischer Louis on 9/21/2023. See attached document for full details. (scn) |
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| Wednesday, September 20, 2023 | ||
| 9 | 9
2
pgs
order
Order Reassigning/Transferring Case
Thu 09/21 9:45 AM
ORDER OF TRANSFER: ORDER TRANSFERRING CASE to Judge Jose E. Martinez for all further proceedings, accepted and signed on 9/20/2023. Judge K. Michael Moore no longer assigned to case. Signed by Judge K. Michael Moore on 9/14/2023 and by Judge Jose E. Martinez on 9/20/2023. See attached document for full details. (wce) |
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| Monday, September 11, 2023 | ||
| 4 | 4
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rose Murray. Filing Fee $ 200.00 Receipt # AFLSDC-16907859 by Noel Ricardo Stephens. Responses due by 9/25/2023(Montanez, Felix)
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Att: 1
Text of Proposed Order Proposed Order
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| 3 | 3
Bar Letter re: Admissions sent to attorney Rose Murray, mailing date September 11, 2023, (pt)
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| Friday, September 08, 2023 | ||
| 2 | 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (rbe) | |
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APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 . Filing fee $ 5.00 receipt number AFLSDC-16905510, filed by Noel Ricardo Stephens. Case restricted pursuant to Federal Rule of Civil Procedure 5.2. (Montanez, Felix)
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Att: 1
Exhibit WDNY Record of Conviction,
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Att: 2
Exhibit Notice to Appear,
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Att: 3
Exhibit Hearing Transcripts 2013-2014,
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Att: 4
Exhibit 2019 IJ Decision,
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Att: 5
Exhibit 2020 BIA Decision,
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Att: 6
Exhibit 2021 Third Circuit Remand,
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Att: 7
Exhibit 2022 BIA Remand,
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Att: 8
Exhibit December 2022 Transcript,
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Att: 9
Exhibit 2023 IJ Decision,
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Att: 10
Exhibit 2023 BIA Brief,
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Att: 11
Exhibit 2022 R&R and Order,
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Att: 12
Exhibit Custody Hearing Submission,
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Att: 13
Exhibit 2022 IJ Custody Order,
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Att: 14
Exhibit Motion to Enforce Judgment,
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Att: 15
Exhibit 2022 CRCL Complaint,
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Att: 16
Exhibit Dr. Gharia Medical Visit,
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Att: 17
Exhibit Dr. Gharia Profile,
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Att: 18
Exhibit SPLC Email to ICE Leadership,
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Att: 19
Exhibit Release Plan,
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Att: 20
Civil Cover Sheet Civil Cover Sheet
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