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This case was last updated from PACER on 02/14/2020 at 07:25:05 (UTC).

Hernandez v. US Attorney General et al

Case Summary

On 12/16/2019 Hernandez filed an Immigration - Habeas Corpus Alien Detainee lawsuit against US Attorney General. This case was filed in U.S. District Courts, New Hampshire District. The Judge overseeing this case is Landya B. McCafferty. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-01240

  • Filing Date:

    12/16/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Immigration - Habeas Corpus Alien Detainee

  • Court:

    U.S. District Courts

  • Courthouse:

    New Hampshire District

Judge Details

Presiding Judge

Landya B. McCafferty

 

Party Details

Petitioner

Jairo Hernandez

Respondents

Department of Homeland Security, Secretary

Strafford County Department of Corrections, Superintendent

Immigration and Customs Enforcement, Acting Field Office Director

US Attorney General

Attorney/Law Firm Details

Petitioner Attorneys

SangYeob Kim

Attorney at American Civil Liberties Union of New Hampshire

18 Low Ave

Concord, NH 03301

Gilles R. Bissonnette

Attorney at American Civil Liberties Union of New Hampshire

18 Low Ave

Concord, NH 03301

Respondent Attorneys

Terry L. Ollila

Attorney at US Attorney's Office (NH)

James C Cleveland Federal Bldg, 53 Pleasant St, 4Th Flr

Concord, NH 03301

Thomas P. Velardi

Attorney at Strafford County Attorney's Office

259 County Farm Road, Po Box 799

Dover, NH 03821-0799

 

Court Documents

#13

RESTRICTED

#12

RESTRICTED

#11

RESTRICTED

#10

RESTRICTED

#9

RESTRICTED

#8

RESTRICTED

#7

RESTRICTED

#4

(#10) CERTIFIED MAIL RECEIPT FOR US ATTORNEY GENERAL re: #4 Order Directing Service. (js) (Entered: 12/27/2019)

#3

RESTRICTED

#2

RESTRICTED

 

Docket Entries

  • 02/12/2020
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  • Docket(#14) ///NOTICE of Voluntary Dismissal as to Without Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(i) by Jairo Hernandez (Attachments: #1 Exhibit The IJ's order granting Petitioner's motion to reopen)(Kim, SangYeob) (Entered: 02/12/2020)

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  • 01/22/2020
  • DocketRESCHEDULING NOTICE of Hearing. Status Conference set for 3/31/2020 02:00 PM before Chief Judge Landya B. McCafferty.(js) (Entered: 01/22/2020)

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  • 01/22/2020
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  • DocketENDORSED ORDER granting #13 Assented to Motion to Extend Time to Object/Respond re #1 Petition for Writ of Habeas Corpus - New Case, #2 Emergency MOTION to Enjoin Transfer and Removal. Text of Order: Motion granted. The status conference presently scheduled for January 27, 2020, is continued until March 31, 2020, at 2:00 pm. If the petitioner seeks an earlier date for the status conference, he may file a motion requesting it be rescheduled. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 01/22/2020)

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  • 01/22/2020
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  • Docket(#13) Assented to MOTION to Extend Time to Object/Respond to #1 Petition for Writ of Habeas Corpus - New Case, #2 Emergency MOTION to Enjoin Transfer and Removal to March 24, 2020 filed by Department of Homeland Security, Secretary, Immigration and Customs Enforcement, Acting Field Office Director, US Attorney General.(Ollila, Terry) (Entered: 01/22/2020)

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  • 01/08/2020
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  • Docket(#12) NOTICE of Re-Filing of Motion to Reopen by Jairo Hernandez.(Kim, SangYeob) (Entered: 01/08/2020)

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  • 01/02/2020
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  • DocketENDORSED ORDER RE #11 Answer to Habeas Petition. Text of Order: Reviewed. Strafford County Department of Corrections Superintendent is relieved from the obligation to further respond, subject to further order of the court. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 01/02/2020)

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  • 01/02/2020
  • DocketRESCHEDULING NOTICE of Hearing. Status Conference set for 1/27/2020 03:00 PM before Chief Judge Landya B. McCafferty.(js) (Entered: 01/02/2020)

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  • 01/02/2020
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  • DocketENDORSED ORDER granting #7 Assented to Motion to Extend Time to Object/Respond re #1 Petition for Writ of Habeas Corpus - New Case, #2 Emergency MOTION to Enjoin Transfer and Removal to January 24, 2020. Text of Order: Motion granted. The status conference presently scheduled for January 9, 2020, is continued until January 27, 2020, at 3:00 pm. If the petitioner seeks an earlier date for the status conference, he may file a motion requesting it be rescheduled. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 01/02/2020)

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  • 12/27/2019
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  • Docket(#11) Respondent Strafford County's ANSWER to Petition for Writ of Habeas Corpus Order Dec 17, 2019 (Date Served 12/26/19) (Per Local Rule 7.4 statement or motion to be filed within sixty days.) filed by Strafford County Department of Corrections, Superintendent. Attorney Thomas P. Velardi added to party Strafford County Department of Corrections, Superintendent(pty:res).Compliance Deadline set for 2/25/2020. (Velardi, Thomas) (Entered: 12/27/2019)

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  • 12/27/2019
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  • Docket(#10) CERTIFIED MAIL RECEIPT FOR US ATTORNEY GENERAL re: #4 Order Directing Service. (js) (Entered: 12/27/2019)

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5 More Docket Entries
  • 12/18/2019
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  • Docket(#5) NOTICE of Filing of Motion to Reopen by Jairo Hernandez. (Attachments: #1 Exhibit 1_Petitioner's Motion to Reopen 1, #2 Exhibit 2_Petitioner's Motion to Reopen 2, #3 Exhibit 3_Criminal Case Docket Summary, #4 Exhibit 4_CV of Dr. Harry Vanden)(Kim, SangYeob) (Entered: 12/18/2019)

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  • 12/17/2019
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  • DocketSERVICE BY CLERK: Copies mailed via certified mail, return receipt requested to Copies to US Attorney General, Department of Homeland Security, Secretary, Immigration and Customs Enforcement, Acting Field Office Director; Copies to US Marshal as to Strafford County Department of Corrections, Superintendent per #4 Order Directing Service.(js) (Entered: 12/17/2019)

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  • 12/17/2019
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  • Docket(#4) ORDER Directing Clerk to Make Service. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 12/17/2019)

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  • 12/16/2019
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  • Docket(#3) NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of Jairo Hernandez Attorney Gilles R. Bissonnette added to party Jairo Hernandez(pty:pet).(Bissonnette, Gilles) (Entered: 12/16/2019)

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  • 12/16/2019
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  • DocketENDORSED ORDER RE #2 Emergency MOTION to Enjoin Transfer and Removal, #1 Petition for Writ of Habeas Corpus - New Case. Text of Order: The federal government defendants shall respond to the petition within 7 days. The Superintendent shall not be required to respond until further order of the court. The petitioner shall not be transferred to a facility outside of this court's jurisdiction until further order of the court. The clerk shall set a status conference for January 9, 2020 at 3:00 P.M. So Ordered by Chief Judge Landya B. McCafferty. Status Conference set for 1/9/2020 03:00 PM before Chief Judge Landya B. McCafferty.(js) (Entered: 12/16/2019)

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  • 12/16/2019
  • DocketNOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (ed) (Entered: 12/16/2019)

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  • 12/16/2019
  • DocketCase assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:19-cv-1240-LM. Please show this number with the judge designation on all future pleadings. (ed) (Entered: 12/16/2019)

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  • 12/16/2019
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  • Docket(#2) Emergency MOTION to Enjoin Transfer and Removal filed by Jairo Hernandez. HEARING REQUESTED.Follow up on Objection on 12/30/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Kim, SangYeob) (Entered: 12/16/2019)

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  • 12/16/2019
  • DocketNOTICE of Filing - Case filed under 28 U.S.C. 2241. A copy of the petition has been electronically sent via ECF to your office. No further action is required by the United States Attorney unless directed by the presiding judge. (ed) (Entered: 12/16/2019)

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  • 12/16/2019
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  • Docket(#1) NEW CASE/PETITION FOR WRIT OF HABEAS CORPUS 2241/2254. (Filing fee $ 5, receipt number ANHDC-1908007.) filed by Jairo Hernandez. (Attachments: #1 Exhibit 1 Petitioner's Declaration, #2 Exhibit 2 Petitioner's Asylum Application, #3 Exhibit 3 Motion to Reopen Denial Decision, #4 Exhibit 4 ICE Detainee Locator, #5 Exhibit 5 Press Release from DOJ)(Kim, SangYeob) Modified on 12/16/2019 to add: (ed). (Entered: 12/16/2019)

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