This case was last updated from PACER on 08/27/2019 at 07:58:09 (UTC).

Hernandez v. Secretary of the Department of Homeland Security (DHS) et al

Case Summary

On 06/28/2019 Hernandez filed a Prisoner - Mandamus lawsuit against Secretary of the Department of Homeland Security DHS. This case was filed in U.S. District Courts, Alabama Northern District. The Judges overseeing this case are Staci G Cornelius and L Scott Coogler. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:19-CV-01016

  • Filing Date:

    06/28/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Mandamus

  • Court:

    U.S. District Courts

  • Courthouse:

    Alabama Northern District

Judge Details

Referral Judge

Staci G Cornelius

Presiding Judge

L Scott Coogler

 

Party Details

Petitioner

Jose Alberto Hernandez

Gadsden, AL 35901

Respondents

Unit Chief

Secretary of the Department of Homeland Security (DHS)

ICE/ERO Director

Director of U.S. Immigration and Customs Enforcement (ICE)

Attorney/Law Firm Details

Respondent Attorneys

U S Attorney CV

Attorney at U S Attorneys Office Southern District of California

880 Front Street, Suite 6253

San Diego, CA 92101

Mary Lester Marshall

Attorney at United States Attorneys Office

1801 Fourth Avenue North

Birmingham, AL 35203

 

Court Documents

12 #1

Exhibit Declaration

#9

(#9) ORDER This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2241 by Jose Alberto Hernandez. Petitioner has paid the filing fee. It is ORDERED that the respondents appear and SHOW CAUSE in writing within twenty-one (21) days from the entry date of this Order why the relief requested by Petitioner should not be granted. Signed by Magistrate Judge Staci G Cornelius on 7/2/2019. (PSM) (Entered: 07/02/2019)

#12

(#12) RESPONSE to re #9 Order to Show Cause dated July 2, 2019 filed by Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS). (Attachments: #1 Exhibit Declaration)(Marshall, Mary) (Entered: 07/23/2019)

#11

(#11) MOTION to Consolidate Cases by Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS), Unit Chief. (Marshall, Mary) (Entered: 07/10/2019)

#10

(#10) NOTICE of Appearance by Mary Lester Marshall on behalf of Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS), Unit Chief (Marshall, Mary) (Entered: 07/10/2019)

#8

(#8) Case transferred in from District of California Southern; Case Number 3:19-cv-00894. Original file certified copy of transfer order and docket sheet received. (Entered: 06/28/2019)

8 #1

*Restricted*

#7

(#7) Case transferred to District of Northern District of Alabama. Files transferred electronically to: *District of Northern District of Alabama*.*1729 Fifth Avenue North, Room 140**Birmingham, AL 35203-2000*. Signed by Judge William Q. Hayes on 6/27/2019. (Attachments: #1 Transfer Order) (All non-registered users served via U.S. Mail Service)(ag) (jao). [Transferred from California Southern on 6/28/2019.] (Entered: 06/28/2019)

7 #1

Transfer Order

6 #3

Proof of Service

#6

(#6) RETURN TO PETITION by Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS). (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Bettwy, Samuel)(jms). [Transferred from California Southern on 6/28/2019.] (Entered: 06/13/2019)

6 #2

Exhibit

6 #1

Declaration

#5

(#5) ORDER: Respondents are Ordered to Show Cause why the Petition should not be granted by: (1) filing a written return no later than 6/13/2019; (2) filing copies of all documents, orders and transcripts relevant to the petition; and, (3) filing a memorandum of law and fact fully stating Respondents' position and making a recommendation regarding the need for an evidentiary hearing on the Petition. Petitioner may file a traverse no later than 6/20/2019. Signed by Judge William Q. Hayes on 6/3/2019.(All non-registered users served via U.S. Mail Service)(ag) [Transferred from California Southern on 6/28/2019.] (Entered: 06/03/2019)

#4

(#4) Fee for Habeas Petition: Paid on 5/29/2019. (jms) (jms). [Transferred from California Southern on 6/28/2019.] (Entered: 05/29/2019)

#3

(#3) ORDER Denying #2 Motion for Leave to Proceed in Forma Pauperis. This action is dismissed without prejudice to Petitioner to pay the filing fee or submit adequate proof of his inability to do so on or before 7/15/2019. Signed by Judge William Q. Hayes on 5/14/2019. (All non-registered users served via U.S. Mail Service)(ag) [Transferred from California Southern on 6/28/2019.] (Entered: 05/14/2019)

#2

(#2) MOTION for Leave to Proceed in forma pauperis by Jose Alberto Hernandez. (jms) (jao). [Transferred from California Southern on 6/28/2019.] (Entered: 05/13/2019)

1 #1

Civil Cover Sheet

12 More Documents Available

 

Docket Entries

  • 07/23/2019
  • View Court Documents
  • (#12) RESPONSE to re #9 Order to Show Cause dated July 2, 2019 filed by Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS). (Attachments: #1 Exhibit Declaration)(Marshall, Mary) (Entered: 07/23/2019)

    Read MoreRead Less
  • 07/10/2019
  • View Court Documents
  • (#11) MOTION to Consolidate Cases by Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS), Unit Chief. (Marshall, Mary) (Entered: 07/10/2019)

    Read MoreRead Less
  • 07/10/2019
  • View Court Documents
  • (#10) NOTICE of Appearance by Mary Lester Marshall on behalf of Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS), Unit Chief (Marshall, Mary) (Entered: 07/10/2019)

    Read MoreRead Less
  • 07/02/2019
  • View Court Documents
  • (#9) ORDER This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2241 by Jose Alberto Hernandez. Petitioner has paid the filing fee. It is ORDERED that the respondents appear and SHOW CAUSE in writing within twenty-one (21) days from the entry date of this Order why the relief requested by Petitioner should not be granted. Signed by Magistrate Judge Staci G Cornelius on 7/2/2019. (PSM) (Entered: 07/02/2019)

    Read MoreRead Less
  • 06/28/2019
  • View Court Documents
  • (#8) Case transferred in from District of California Southern; Case Number 3:19-cv-00894. Original file certified copy of transfer order and docket sheet received. (Entered: 06/28/2019)

    Read MoreRead Less
  • 06/27/2019
  • View Court Documents
  • (#7) Case transferred to District of Northern District of Alabama. Files transferred electronically to: *District of Northern District of Alabama*.*1729 Fifth Avenue North, Room 140**Birmingham, AL 35203-2000*. Signed by Judge William Q. Hayes on 6/27/2019. (Attachments: #1 Transfer Order) (All non-registered users served via U.S. Mail Service)(ag) (jao). [Transferred from California Southern on 6/28/2019.] (Entered: 06/28/2019)

    Read MoreRead Less
  • 06/13/2019
  • View Court Documents
  • (#6) RETURN TO PETITION by Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS). (Attachments: #1 Declaration, #2 Exhibit, #3 Proof of Service)(Bettwy, Samuel)(jms). [Transferred from California Southern on 6/28/2019.] (Entered: 06/13/2019)

    Read MoreRead Less
  • 06/03/2019
  • View Court Documents
  • (#5) ORDER: Respondents are Ordered to Show Cause why the Petition should not be granted by: (1) filing a written return no later than 6/13/2019; (2) filing copies of all documents, orders and transcripts relevant to the petition; and, (3) filing a memorandum of law and fact fully stating Respondents' position and making a recommendation regarding the need for an evidentiary hearing on the Petition. Petitioner may file a traverse no later than 6/20/2019. Signed by Judge William Q. Hayes on 6/3/2019.(All non-registered users served via U.S. Mail Service)(ag) [Transferred from California Southern on 6/28/2019.] (Entered: 06/03/2019)

    Read MoreRead Less
  • 05/29/2019
  • View Court Documents
  • (#4) Fee for Habeas Petition: Paid on 5/29/2019. (jms) (jms). [Transferred from California Southern on 6/28/2019.] (Entered: 05/29/2019)

    Read MoreRead Less
  • 05/14/2019
  • View Court Documents
  • (#3) ORDER Denying #2 Motion for Leave to Proceed in Forma Pauperis. This action is dismissed without prejudice to Petitioner to pay the filing fee or submit adequate proof of his inability to do so on or before 7/15/2019. Signed by Judge William Q. Hayes on 5/14/2019. (All non-registered users served via U.S. Mail Service)(ag) [Transferred from California Southern on 6/28/2019.] (Entered: 05/14/2019)

    Read MoreRead Less
  • 05/10/2019
  • View Court Documents
  • (#2) MOTION for Leave to Proceed in forma pauperis by Jose Alberto Hernandez. (jms) (jao). [Transferred from California Southern on 6/28/2019.] (Entered: 05/13/2019)

    Read MoreRead Less
  • 05/10/2019
  • View Court Documents
  • (#1) Petition for Writ of Habeas Corpus against Director of U.S. Immigration and Customs Enforcement (ICE), ICE/ERO Director, Secretary of the Department of Homeland Security (DHS), Unit Chief, filed by Jose Alberto Hernandez.($5 Filing Fee, Fee Not Paid, IFP Filed) (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-894-WQH-JLB. Judge William Q. Hayes and Magistrate Judge Jill L. Burkhardt are assigned to the case.(jms)(jao). [Transferred from California Southern on 6/28/2019.] (Entered: 05/13/2019)

    Read MoreRead Less

Please submit a removal request if you do not want this court record to appear in search engine results.