hu v. Wolf et al
| Nebraska District Court | |
| Judge: | Joseph F Bataillon |
| Referred: | Michael D Nelson |
| Case #: | 8:20-cv-00415 |
| Nature of Suit | 463 Immigration - Habeas Corpus - Alien Detainee |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
| Case Filed: | Oct 13, 2020 |
| Terminated: | Dec 18, 2020 |
| Last checked: Sunday Apr 11, 2021 3:39 AM CDT |
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Defendant
Todd Bahensky
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Represented By
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Defendant
Shawn Byer
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Represented By
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Defendant
Chad Wolf
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Represented By
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Petitioner
Xiaoying Hu
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Represented By
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GPO
Nov 20 2020
MEMORANDUM AND ORDER - The Petitioner shall have until December 11, 2020, to file a brief to include: any additional arguments she might have as to jurisdiction; a response to respondents' brief filed November 19, 2020, Filing No. 7; any evidence of flight risk; and any other matters material and relevant to this case. The respondents shall have until December 15, 2020, to file a reply brief to petitioner's brief, and shall in addition provide the information as to why the commercial airlines canceled the designated flights on November 2, 2020, and on December 2, 2020. Petitioner shall promptly provide the Court with information discussed as a possible home in Omaha for her if released, and the Court will have an investigative report concerning the petitioner's flight risk and a home study for placement with the petitioner's daughter in law conducted by Pretrial Services to be completed on or before December 9, 2020. The Court hereby schedules a hearing in this matter on December 18, 2020, at 2:30 p.m. Counsel may appear in person or may appear by phone. A separate order will be entered regarding how the hearing will be conducted. Ordered by Senior Judge Joseph F. Bataillon. (LKO) |
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GPO
Dec 18 2020
ORDER - Defendant's Motion to Dismiss for Failure to State a Claim, Filing No. 5, is denied as moot. Defendant's request to dismiss the petition for mootness is granted. The Plaintiff's petition is dismissed. Ordered by Senior Judge Joseph F. Bataillon. (LKO) |
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GPO
Jan 10 2023
ORDER: Counsel for the petitioner notified the court on January 10, 2023, that counsel wishes the following exhibits held by the court in this matter to be destroyed. Petitioner's Exhibits from status hearing held 11/19/2020 and 12/18/2020 regarding Exhibit List 16. Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB) |
| Docket last updated: 2 hours ago |
| Monday, January 30, 2023 | ||
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oth_evt
Exhibits Destroyed
Mon 01/30 10:02 AM
TEXT ENTRY THAT PLAINTIFF EXHIBITS destroyed on 1/30/23 by Clerk of Court from hearing held on 11/19/2020 and 12/18/2020 regarding Status Conference 8 and Status Conference 14 . (ADB) |
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| Tuesday, January 10, 2023 | ||
| 17 | 17
1
pgs
order
Order
Tue 01/10 3:42 PM
ORDER: Counsel for the petitioner notified the court on January 10, 2023, that counsel wishes the following exhibits held by the court in this matter to be destroyed. Petitioner's Exhibits from status hearing held 11/19/2020 and 12/18/2020 regarding Exhibit List16 . Pursuant NECivR 79.1(f) or NECrimR 55.1(g), if counsel fails to show cause why the exhibits should not be destroyed, the clerks office is directed to destroy the above-listed exhibits 14 days from the date of this order. Ordered by Senior Judge Joseph F. Bataillon. (ADB) |
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| Friday, December 18, 2020 | ||
| 15 | 15
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pgs
order
Order ~Util - Terminate Motion and R&R Deadlines/Hearings ~Util - Terminate Civil Case
Mon 12/21 8:23 AM
ORDER - Defendant's Motion to Dismiss for Failure to State a Claim, Filing No.5 , is denied as moot. Defendant's request to dismiss the petition for mootness is granted. The Plaintiff's petition is dismissed. Ordered by Senior Judge Joseph F. Bataillon. (LKO) |
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| 14 | 14
minutes
Status Conference
Fri 12/18 3:14 PM
TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Status Conference held on 12/18/2020. Hearing held in Omaha. Argument by parties. Written order forthcoming. Courtroom Deputy: Tiwauna Lawrence; Reporter: ; Appearance for Plaintiff: Peng Li by video: Appearance for Defendant: Lynnett M. Wagner, by video; Time Start: 2:30 PM; Time Stop: 2:41 PM; Time in Court: 11 Minutes. (TCL) |
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| Friday, December 11, 2020 | ||
| 13 | 13
oth_doc
Brief
Fri 12/11 10:14 AM
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT 5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
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| 12 | 12
oth_doc
Index
Fri 12/11 9:37 AM
INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT 5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) Modified on 12/11/2020 to correct docket text(LRM) |
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Att: 1
Declaration of Justin Nimmo with exhibits M-N
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| Wednesday, December 09, 2020 | ||
| 11 | 11
oth_doc
Brief
Wed 12/09 5:43 PM
BRIEF in support of Xiaoying Hu's Release by Attorney Peng Li on behalf of Petitioner Xiaoying Hu.(Li, Peng) |
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Att: 1
Exhibit ICE's Denial 6.19,
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Att: 2
Exhibit ICE's Denial 9.24,
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Att: 3
Exhibit ICE's Denial 11.3
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| Friday, November 20, 2020 | ||
| 10 | 10
order
Restricted Order Pursuant to E-Government Act
Fri 11/20 11:47 AM
CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Ordered by Senior Judge Joseph F. Bataillon. (TCL) |
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| 9 | 9
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pgs
order
Memorandum and Order ~Util - Set/Reset All Hearings
Fri 11/20 10:53 AM
MEMORANDUM AND ORDER - The Petitioner shall have until December 11, 2020, to file a brief to include: any additional arguments she might have as to jurisdiction; a response to respondents' brief filed November 19, 2020, Filing No.7 ; any evidence of flight risk; and any other matters material and relevant to this case. The respondents shall have until December 15, 2020, to file a reply brief to petitioner's brief, and shall in addition provide the information as to why the commercial airlines canceled the designated flights on November 2, 2020, and on December 2, 2020. Petitioner shall promptly provide the Court with information discussed as a possible home in Omaha for her if released, and the Court will have an investigative report concerning the petitioner's flight risk and a home study for placement with the petitioner's daughter in law conducted by Pretrial Services to be completed on or before December 9, 2020. The Court hereby schedules a hearing in this matter on December 18, 2020, at 2:30 p.m. Counsel may appear in person or may appear by phone. A separate order will be entered regarding how the hearing will be conducted. Ordered by Senior Judge Joseph F. Bataillon. (LKO) |
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| Thursday, November 19, 2020 | ||
| 8 | 8
minutes
Status Conference
Thu 11/19 3:22 PM
TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Status Conference held on 11/19/2020. Argument by the parties. Evidence by the plaintiff. Plaintiff shall file its responsive brief to the government's brief on or before December 11, 2020. Government shall file its reply brief to the plaintiff's responsive brief on or before December 15, 2020. The Court will take this matter under advisement. The Status Conference is continued to 12/18/2020 at 02:30 PM Internet/Telephonic Conferencing before Senior Judge Joseph F. Bataillon. Hearing held in Omaha. Courtroom Deputy: Tiwauna Lawrence; Reporter: Brenda Fauber; Appearance for Plaintiff: Peng Li: Appearance for Defendant: Lynnett M. Wagner; Time Start: 2:02 PM; Time Stop: 2:47 PM; Time in Court: 45 Minutes. (TCL) |
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| Wednesday, November 18, 2020 | ||
| 7 | 7
oth_doc
Brief
Wed 11/18 12:15 PM
BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT 5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
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| 6 | 6
oth_doc
Index
Wed 11/18 10:12 AM
INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT 5 by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
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Att: 1
Affidavit Declaration of Keone Feliciano and Exhibits A - L
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| 5 | 5
motion
Dismiss for Failure to State a Claim
Wed 11/18 10:07 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT by Attorney Lynnett M. Wagner on behalf of Defendants Shawn Byer, Chad Wolf.(Wagner, Lynnett) |
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| Monday, November 16, 2020 | ||
| 4 | 4
order
Order Setting Hearing or Trial
Mon 11/16 4:17 PM
TEXT ORDER SETTING HEARING: Status Hearing set for 11/19/2020 02:00 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (ADB) |
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| 3 | 3
notice
Notice of Appearance
Mon 11/16 11:51 AM
NOTICE of Appearance by Attorney Lynnett M. Wagner on behalf of Defendants Todd Bahensky, Shawn Byer, Chad Wolf (Wagner, Lynnett) |
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| Wednesday, October 14, 2020 | ||
| 2 | 2
oth_evt
Assignment of Judges
Wed 10/14 10:26 AM
TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Michael D. Nelson assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LRM) |
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| Tuesday, October 13, 2020 | ||
| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Tue 10/13 12:37 PM
PETITION for Writ of Habeas Corpus ( Filing fee $ 5, receipt number ANEDC-4256940), by Attorney Peng Li on behalf of xiaoying hu(Li, Peng) |
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