This case was last updated from PACER on 03/28/2020 at 06:00:55 (UTC).

E.O.H.C. v. Attorney General United States, et al

Case Summary

On 01/28/2020 E O H C filed an Immigration - Habeas Corpus Alien Detainee lawsuit against Attorney General United States. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Third Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    20-1163

  • Filing Date:

    01/28/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Immigration - Habeas Corpus Alien Detainee

 

Party Details

Plaintiff / Appellant

E. O. H.C., on his own behalf, and on behalf of M.S.H.S., his minor daughter, as her next friend

Defendant / Appellees

ASSISTANT FIELD OFFICE DIRECTOR PHILADELPHIA UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT

DIRECTOR BERKS COUNTY RESIDENTIAL CENTER

ATTORNEY GENERAL UNITED STATES OF AMERICA

DIRECTOR UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT

DIRECTOR PHILADELPHIA FIELD OFFICE IMMIGRATION AND CUSTOMS ENFORCEMENT

Attorney/Law Firm Details

Plaintiff / Appellant Attorneys

Sarah T. Gillman Esq.

Attorney at Rapid Defense Network

11 Broadway, Suite 615

New York, NY 10004

Caroline Heller Esq.

Attorney at Greenberg Traurig

200 Park Avenue, Metlife Building

New York, NY 10166

Gregory P. Copeland Esq.

Attorney at Rapid Defense Network

11 Broadway, Suite 615

New York, NY 10004

A. Michael Pratt Esq.

Attorney at Greenberg Traurig

1717 Arch Street, Suite 400

Philadelphia, PA 19103

Defendant / Appellee Attorneys

Paul J. Koob Esq.

Attorney at Office of United States Attorney

615 Chestnut Street, Suite 1250

Philadelphia, PA 19106

Veronica J. Finkelstein Esq.

Attorney at Office of United States Attorney

615 Chestnut Street, Suite 1250

Philadelphia, PA 19106

Anthony St. Joseph Esq.

Attorney at Office of United States Attorney

615 Chestnut Street, Suite 1250

Philadelphia, PA 19106

 

Court Documents

#47

(#47) ECF FILER: Transcript of oral argument on 03/09/2020 prepared at the direction of the Court. [20-1163] (VJF) [Entered: 03/19/2020 06:19 PM]

#45

(#45) CLERK'S LETTER to counsel written at the direction of the Court. The parties are directed to file transcript of the oral argument held on Monday, March 9, 2020 by Monday, March 23, 2020. Liaison counsel should immediately advise the Clerk's Office of the court reporter or agency handeling the transcripts of the oral arguments. Parties are to split the cost of the transcripts. (CMH) [Entered: 03/10/2020 07:09 AM]

#43

(#43) COURT MINUTES OF ARGUED/SUBMITTED CASES. (CMH) [Entered: 03/09/2020 07:15 AM]

#42

(#42) CLERK'S LETTER to counsel written at the direction of the Court. At oral argument, the parties should be prepared to address: (1) whether the District Court correctly found that the statutory authority for appellants detention is 8 U.S.C. 1225(b); (2) the relevance of Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953) and Chi Thon Ngo v. INS, 192 F.3d 390 (3d Cir. 1999) to appellants procedural due process claim; (3) the relevance of cases involving aliens detained under 8 U.S.C. 1226(c) to appellants due process claim; (4) if aliens detained under 1225(b) are entitled to due process protections independent of those afforded by statute, whether our 1225(b) reasonableness inquiry should differ from how we assess reasonableness under 1226(c); (5) the significance, if any, of the Supreme Courts pending opinion in Department of Homeland Security v. Thuraissigiam, 19-161 (argued March 2, 2020) for appellants request for injunctive relief; and (6) whether the February 19, 2020 adverse parole determination for E.O.H.C. moots or otherwise resolves appellants procedural due process claim. (PM) [Entered: 03/04/2020 02:53 PM]

#40

(#40) ECF FILER: Letter dated 03/02/2020 , filed pursuant to Rule 28(j) from counsel for Appellant E. O. H.C.. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable.--[Edited 03/02/2020 by CJG] (CH) [Entered: 03/02/2020 12:05 PM]

#39

(#39) ECF FILER: ELECTRONIC PRO BONO SUPPLEMENTAL BRIEF on behalf of Appellant E. O. H.C. in 20-1163. Certificate of Service dated 02/28/2020 by ECF. [20-1163] (CH) [Entered: 02/28/2020 04:17 PM]

#38

(#38) ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF on behalf of Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement. Certificate of Service dated 02/28/2020 by ECF. [20-1163] (VJF) [Entered: 02/28/2020 04:15 PM]

7 #2

Addendum

7 #1

Docketing/Information Statement

#6

(#6) ECF FILER: Motion filed by Appellant E. O. H.C. to Expedite Briefing Schedule. Certificate of Service dated 01/28/2020. Service made by ECF. [20-1163] (CH) [Entered: 01/28/2020 03:36 PM]

#5

(#5) ECF FILER: ENTRY OF APPEARANCE from Caroline J. Heller on behalf of Appellant(s) E.O.H.C., M.S.H.S.. [20-1163] (CH) [Entered: 01/28/2020 10:41 AM]

#4

(#4) ECF FILER: ENTRY OF APPEARANCE from Gregory P. Copeland on behalf of Appellant(s) Plaintiff-Appellants E.O.H.C. and M.S.H.S.. [20-1163] (GPC) [Entered: 01/28/2020 08:43 AM]

#3

(#3) ORDER (Clerk) The District Court granted Appellants' motion to proceed under pseudonyms. Appellants may proceed using only their initials in this Court. All documents filed in this appeal shall refer to Appellants by their initials only. The parties shall not include any other personally identifying information in any submission to the Court. If the parties need to file documents containing the Appellants' names or other personally identifiable information, they should consider seeking the Court's permission to file those documents under seal. It is noted that Appellants filed their notice of appeal under seal in the District Court. As the notice of appeal does not appear to identify the Appellants' names or contain other personally identifiable information, Appellants are hereby ORDERED TO SHOW CAUSE as to why the notice of appeal should be sealed in this Court. Any response must be filed within thirty (30) days of the date of this order. The notice of appeal, however, will be sealed until the Court takes action on this Order to Show Cause. It is further noted that portions of this case are sealed in the District Court. Some of these documents may be included in the joint appendix. The parties are directed to review 3d Cir. L.A.R. Misc. 106 with respect to filing documents under seal. In the event it becomes necessary to submit the documents in question to the Court prior to the disposition of a motion to seal, those documents must be submitted separately, and the Court must be apprised that the material is sealed. All parties are directed to use the CM/ECF events preceded by the word SEALED whenever filing any documents which may contain sealed material. All hard copies of documents submitted to this Court should be properly labeled that they are SEALED and provided in a clearly marked envelope. It is counsel's responsibility to ensure that any documents are properly filed under seal. (CJG) [Entered: 01/28/2020 08:13 AM]

1 #5

Case Opening Letter

1 #4

Case Caption

1 #3

District Court Order 1/22/20

1 #2

District Court Memorandum 1/22/20

#1

Civil Case Docketed

32 More Documents Available

 

Docket Entries

  • 03/19/2020
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  • Docket(#47) ECF FILER: Transcript of oral argument on 03/09/2020 prepared at the direction of the Court. [20-1163] (VJF) [Entered: 03/19/2020 06:19 PM]

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  • 03/10/2020
  • Docket(#46) TEXT ONLY ORDER (Clerk) At the direction of the Court, the Clerk's letter of March 10, 2020 instructing counsel to file a transcript of oral argument is hereby amended to direct the Office of the United States Attorney to cover the entire cost of the transcript. (CMH) [Entered: 03/10/2020 04:14 PM]

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  • 03/10/2020
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  • Docket(#45) CLERK'S LETTER to counsel written at the direction of the Court. The parties are directed to file transcript of the oral argument held on Monday, March 9, 2020 by Monday, March 23, 2020. Liaison counsel should immediately advise the Clerk's Office of the court reporter or agency handeling the transcripts of the oral arguments. Parties are to split the cost of the transcripts. (CMH) [Entered: 03/10/2020 07:09 AM]

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  • 03/09/2020
  • Docket(#44) ARGUED on Monday, March 9, 2020. Panel: AMBRO, KRAUSE and BIBAS, Circuit Judges.Veronica J. Finkelstein arguing for Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center,Director Philadelphia Field Office Immigration and Customs Enforcement and Director United Sates Immigration and Customs Enforcement; Caroline Heller arguing for Appellant E. O. H.C. (CMH) [Entered: 03/09/2020 04:20 PM]

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  • 03/09/2020
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  • Docket(#43) COURT MINUTES OF ARGUED/SUBMITTED CASES. (CMH) [Entered: 03/09/2020 07:15 AM]

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  • 03/04/2020
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  • Docket(#42) CLERK'S LETTER to counsel written at the direction of the Court. At oral argument, the parties should be prepared to address: (1) whether the District Court correctly found that the statutory authority for appellants detention is 8 U.S.C. 1225(b); (2) the relevance of Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206 (1953) and Chi Thon Ngo v. INS, 192 F.3d 390 (3d Cir. 1999) to appellants procedural due process claim; (3) the relevance of cases involving aliens detained under 8 U.S.C. 1226(c) to appellants due process claim; (4) if aliens detained under 1225(b) are entitled to due process protections independent of those afforded by statute, whether our 1225(b) reasonableness inquiry should differ from how we assess reasonableness under 1226(c); (5) the significance, if any, of the Supreme Courts pending opinion in Department of Homeland Security v. Thuraissigiam, 19-161 (argued March 2, 2020) for appellants request for injunctive relief; and (6) whether the February 19, 2020 adverse parole determination for E.O.H.C. moots or otherwise resolves appellants procedural due process claim. (PM) [Entered: 03/04/2020 02:53 PM]

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  • 03/02/2020
  • Docket(#41) HARD COPY RECEIVED from Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement - Supplemental Brief. Copies: 7. (SJB) [Entered: 03/02/2020 03:01 PM]

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  • 03/02/2020
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  • Docket(#40) ECF FILER: Letter dated 03/02/2020 , filed pursuant to Rule 28(j) from counsel for Appellant E. O. H.C.. Service made by ECF. This document will be SENT TO THE MERITS PANEL, if/when applicable.--[Edited 03/02/2020 by CJG] (CH) [Entered: 03/02/2020 12:05 PM]

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  • 02/28/2020
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  • Docket(#39) ECF FILER: ELECTRONIC PRO BONO SUPPLEMENTAL BRIEF on behalf of Appellant E. O. H.C. in 20-1163. Certificate of Service dated 02/28/2020 by ECF. [20-1163] (CH) [Entered: 02/28/2020 04:17 PM]

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  • 02/28/2020
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  • Docket(#38) ECF FILER: ELECTRONIC SUPPLEMENTAL BRIEF on behalf of Appellees Assistant Field Office Director Philadelphia United States Immigration and Customs Enforcement, Attorney General United States of America, Director Berks County Residential Center, Director Philadelphia Field Office Immigration and Customs Enforcement and Director United States Immigration and Customs Enforcement. Certificate of Service dated 02/28/2020 by ECF. [20-1163] (VJF) [Entered: 02/28/2020 04:15 PM]

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22 More Docket Entries
  • 01/30/2020
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  • Docket(#10) ECF FILER: Motion filed by Appellant E. O. H.C. in 20-1163 to seal Appendix Volume 4. Certificate of Service dated 01/30/2020. Service made by ECF. [Entry was mistakenly spread and has been removed from case no. 19-2927]--[Edited 01/31/2020 by EMA] (CH) [Entered: 01/30/2020 02:55 PM]

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  • 01/29/2020
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  • Docket(#9) Case Calendared at the Convenience of the Court. Calendar Clerk: CMH. (CMH) [Entered: 01/29/2020 11:37 AM]

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  • 01/29/2020
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  • Docket(#8) ORDER (AMBRO, KRAUSE and BIBAS, Circuit Judges) granting Motion to Expedite the Briefing Schedule filed by Appellant E. O. H.C. in 20-1163. Appellants' Brief and Appendix must be filed on January 30, 2020. Appellees' Brief must be filed on February 10, 2020. Appellants' Reply Brief, if any, must be filed on February 14, 2020. The appeals at Nos. 19-2927 and 20-1163 are consolidated for disposition only. The appeal at No. 20-1163 will be scheduled before the Panel at the convenience of the Court. Bibas, Authoring Judge. [19-2927, 20-1163] (KR) [Entered: 01/29/2020 10:41 AM]

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  • 01/28/2020
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  • Docket(#7) ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant E. O. H.C.. [20-1163] (CH) [Entered: 01/28/2020 03:50 PM]

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  • 01/28/2020
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  • Docket(#6) ECF FILER: Motion filed by Appellant E. O. H.C. to Expedite Briefing Schedule. Certificate of Service dated 01/28/2020. Service made by ECF. [20-1163] (CH) [Entered: 01/28/2020 03:36 PM]

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  • 01/28/2020
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  • Docket(#5) ECF FILER: ENTRY OF APPEARANCE from Caroline J. Heller on behalf of Appellant(s) E.O.H.C., M.S.H.S.. [20-1163] (CH) [Entered: 01/28/2020 10:41 AM]

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  • 01/28/2020
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  • Docket(#4) ECF FILER: ENTRY OF APPEARANCE from Gregory P. Copeland on behalf of Appellant(s) Plaintiff-Appellants E.O.H.C. and M.S.H.S.. [20-1163] (GPC) [Entered: 01/28/2020 08:43 AM]

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  • 01/28/2020
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  • Docket(#3) ORDER (Clerk) The District Court granted Appellants' motion to proceed under pseudonyms. Appellants may proceed using only their initials in this Court. All documents filed in this appeal shall refer to Appellants by their initials only. The parties shall not include any other personally identifying information in any submission to the Court. If the parties need to file documents containing the Appellants' names or other personally identifiable information, they should consider seeking the Court's permission to file those documents under seal. It is noted that Appellants filed their notice of appeal under seal in the District Court. As the notice of appeal does not appear to identify the Appellants' names or contain other personally identifiable information, Appellants are hereby ORDERED TO SHOW CAUSE as to why the notice of appeal should be sealed in this Court. Any response must be filed within thirty (30) days of the date of this order. The notice of appeal, however, will be sealed until the Court takes action on this Order to Show Cause. It is further noted that portions of this case are sealed in the District Court. Some of these documents may be included in the joint appendix. The parties are directed to review 3d Cir. L.A.R. Misc. 106 with respect to filing documents under seal. In the event it becomes necessary to submit the documents in question to the Court prior to the disposition of a motion to seal, those documents must be submitted separately, and the Court must be apprised that the material is sealed. All parties are directed to use the CM/ECF events preceded by the word SEALED whenever filing any documents which may contain sealed material. All hard copies of documents submitted to this Court should be properly labeled that they are SEALED and provided in a clearly marked envelope. It is counsel's responsibility to ensure that any documents are properly filed under seal. (CJG) [Entered: 01/28/2020 08:13 AM]

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  • 01/28/2020
  • Docket(#2) RECORD available on District Court CM/ECF. (CJG) [Entered: 01/28/2020 08:09 AM]

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  • 01/28/2020
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  • Docket(#1) CIVIL CASE DOCKETED. Notice filed by Appellant E. O. H.C. in District Court No. 5-19-cv-06144. (CJG) [Entered: 01/28/2020 08:01 AM]

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