Michael B. Kaufman
How Judge Kaufman rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Kaufman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In 2241 immigration habeas he frames unlawful re-detention as a due-process violation and remedies it structurally: not just release, but an injunction against re-detention absent a material change in circumstances plus pre-deprivation notice and a hearing: targeting the procedure, not only the present custody.
“the Court concludes that Petitioner Baryolo's re-detention violated due process ... a writ of habeas corpus be issued requiring Petitioner's immediate release and prohibiting his re-detention absent a material change in circumstances and pre-deprivation notice and a hearing.”
When the government does not meaningfully answer the due-process and statutory claims actually presented in a habeas petition, he treats that omission as a concession rather than constructing an unbriefed merits defense for the respondents.
“Respondents’ failure to meaningfully contest Petitioner’s due process and Administrative Procedure Act claims in their Answer is therefore a concession that the Petition should be granted.”
Procedural preferences
He builds compliance verification into his habeas relief, ordering respondents to file a status report within seven days confirming they have complied (held the bond hearing / released the petitioner): keeping the case under supervision until the remedy is actually carried out.
“the Respondents shall file a status report no later than seven (7) days from the date of this Order confirming that Petitioner has had a bond hearing, consistent with this order.”
He applies preclusion rules to repeat habeas litigation when the same legal issue was fully decided in an earlier proceeding, even where the petitioner points to an intervening release and re-detention.
“preclusion principles prevent parties from re-litigating issues that were decided in a prior proceeding.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Michael B. Kaufman. For the foregoing reasons, the Court concludes that Petitioner Baryolo's re-detention violated due process. Accordingly, the Court ORDERS the following: (1) Judgment be entered granting the Petition as to Petitioner; (2) a writ of habeas corpus be issued requiring Petitioner's immediate release and prohibiting his re-detention absent a material change in circumstances and pre-deprivation notice and a hearing.”
“ORDER GRANTING PETITION AND ISSUING A WRIT FOR HABEAS CORPUS by Magistrate Judge Michael B. Kaufman, re Petition for Writ of Habeas Corpus, 1. IT IS ORDERED that: the Respondents shall file a status report no later than seven (7) days from the date of this Order confirming that Petitioner has had a bond hearing, consistent with this order.”
“ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS by Magistrate Judge Michael B. Kaufman. For the foregoing reasons, the Court concludes that Petitioners re-detention violated due process.”
“IT IS ADJUDGED that the petition for writ of habeas corpus is DENIED and this action is dismissed.”
“IT IS ADJUDGED that the petition for writ of habeas corpus is GRANTED and this action is dismissed with prejudice.”
“IT IS ADJUDGED that the petition for writ of habeas corpus is GRANTED and this action is dismissed with prejudice.”
“RELEASE ORDER GRANTING PETITION AND ISSUING A WRIT OF HABEAS CORPUS by Magistrate Judge Michael B. Kaufman, re Petition for Writ of Habeas Corpus 1 . IT IS ORDERED that: (1) Judgment be entered granting the Petition; (2) a writ of habeas corpus be issued requiring Petitioner”
“Pursuant to the Courts Order Granting Petition, IT IS ADJUDGED that the petition for writ of habeas corpus is GRANTED.”
“the Court grants the Petition and issues a writ of habeas corpus requiring Petitioner”
“For the foregoing reasons, the Court concludes that Petitioner is entitled to habeas relief on her Administrative Procedure Act and due process claims. Accordingly, the Court ORDERS the following: (1) Judgment be entered granting the Petition; (2) a writ of habeas corpus be issued requiring Petitioner Veda Dinesh Mahbubani’s (A# 141-405-315) immediate release without any restrictions on her liberty or conditions of supervision and prohibiting her re-detention while she has valid DED status;”
“IT IS ORDERED that: (1) Judgment be entered granting the Petition; (2) a writ of habeas corpus be issued requiring Petitioner Nallely Kassandra Robledo Jaime's (A# 221-073- 641) immediate release and enjoining Respondents from re-detaining her without first providing her notice and an opportunity to be heard;”
“The Court ORDERS the following: (1) Judgment be entered granting the Petition; (2) a writ of habeas corpus be issued requiring Petitioner Kilmer Jonathan Magana-Calderons (A# 214-530-559) immediate release subject to his prior conditions of supervision and prohibiting his re-detention absent pre-deprivation notice and a hearing where the Government must show changed circumstances warranting his detention.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 12 days (N = 9).
Median motion-to-ruling time: 12 days (N = 9).
His recent caseload is dominated by immigration-detention habeas petitions, many decided by consent on an expedited schedule. He also receives direct civil assignments and handles preliminary matters referred by district judges.
Draft for Judge Kaufman with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Kaufman, and what has not, cited to the signed orders.
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