Case: Yarrito v. Meyers

1:06-cv-02494 | U.S. District Court for the District of Colorado

Filed Date: Dec. 13, 2006

Closed Date: Jan. 25, 2007

Clearinghouse coding complete

Case Summary

This lawsuit is one of several cases arising from immigration raids conducted by federal authorities at Swift meat packing plants throughout the country on December 12, 2006. [See Valenzuela v. Swift Beef Company, Inc., IM-TX-19; Swift & Company v. ICE, IM-TX-20; and United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23]. During the operation, federal immigration authorities raided six Swift plants and swept up about twelve thousand meatpacking workers, thousands of which were …

This lawsuit is one of several cases arising from immigration raids conducted by federal authorities at Swift meat packing plants throughout the country on December 12, 2006. [See Valenzuela v. Swift Beef Company, Inc., IM-TX-19; Swift & Company v. ICE, IM-TX-20; and United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23]. During the operation, federal immigration authorities raided six Swift plants and swept up about twelve thousand meatpacking workers, thousands of which were members of the United Food and Commercial Workers International Union (UFCW).

In this case, which was filed as a petition for a writ of habeas corpus on December 13, 2006 in U.S. District Court District of Colorado, the UFCW sought the release of Swift employees and union members detained during the raid at the Swift plant in Greeley, Colorado. Plaintiffs alleged that they were being subjected to arbitrary prolonged and indefinite detention, in violation of the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution. Plaintiffs further alleged that they were denied access to counsel.

The District Judge (Senior Judge John L. Kane) immediately issued an order to show cause why a writ of habeas corpus should not be granted. The government responded by denying petitioners' allegations and asserting that the court lacked jurisdiction over the matter and that the UFCW lacked standing to bring the action.

On December 28, 2006 Judge Kane amended the show cause order to permit the release of petitioners on bond or on their own recognizance. The government was also allowed to remove alien petitioners from the U.S. who requested voluntary removal. Petitioners were subsequently granted leave to add 252 additional individual detainees as named parties.

On January 12, 2007, the District Court (Judge Kane) heard arguments of the parties and then issued an order requiring the government to provide a bond hearing within 48 hours for any detainee not previously afforded one. The government was also ordered to allow any detainee to withdraw their agreement to voluntary removal, if the detainee claimed it was fraudulently or wrongfully obtained. Petitioners' attorneys were directed to meet with their clients and the parties were to report back to the Court with a status report.

Following a status report on January 22, 2007, Judge Kane concluded that the government had complied with the Court's order and corrected the constitutional violations. Final judgment was entered in favor of petitioners against the government on January 25, 2007 and the case was closed.

Summary Authors

Dan Dalton (10/23/2007)

Related Cases

Swift & Company v. Immigration and Customs Enforcement, Northern District of Texas (2006)

Valenzuela v. Swift Beef Company, Inc., Northern District of Texas (2006)

United Food and Commercial Workers International Union v. Chertoff, Northern District of Texas (2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4792668/parties/yarrito-v-meyers/


Judge(s)

Kane, John L. Jr. (Colorado)

Attorneys(s) for Plaintiff

Bowen, John Patrick (Colorado)

Salvator, Jim (Colorado)

Starnes, DeAngelo (Colorado)

Attorneys(s) for Defendant

Eid, Troy A. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Pestal, Mark S. (Colorado)

Stevens, Elizabeth Jones (District of Columbia)

Wiggers, Edward (District of Columbia)

Judge(s)

Kane, John L. Jr. (Colorado)

Attorneys(s) for Plaintiff

Bowen, John Patrick (Colorado)

Salvator, Jim (Colorado)

Starnes, DeAngelo (Colorado)

Attorneys(s) for Defendant

Eid, Troy A. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Pestal, Mark S. (Colorado)

Stevens, Elizabeth Jones (District of Columbia)

Wiggers, Edward (District of Columbia)

Documents in the Clearinghouse

Document

1:06-cv-02494

Docket (PACER)

March 30, 2007

March 30, 2007

Docket
2

1:06-cv-02494

Order to Show Cause

Dec. 13, 2006

Dec. 13, 2006

Order/Opinion
1

1:06-cv-02494

Petition for Writ of Habeas Corpus

Dec. 13, 2006

Dec. 13, 2006

Complaint
6

1:06-cv-02494

Respondent’s Memorandum of Law in Response to the Order to Show Cause

Dec. 18, 2006

Dec. 18, 2006

Pleading / Motion / Brief
22

1:06-cv-02494

[Amended Order] to Show Cause

Dec. 28, 2006

Dec. 28, 2006

Order/Opinion
36

1:06-cv-02494

Minute Order [Granting Oral Argument]

Jan. 5, 2007

Jan. 5, 2007

Order/Opinion
42

1:06-cv-02494

Minute Order [Setting Next Hearing Date and Deadline for Status Report]

Jan. 12, 2007

Jan. 12, 2007

Order/Opinion
49

1:06-cv-02494

Courtroom Minutes [Order for Bond Hearings]

Jan. 12, 2007

Jan. 12, 2007

Order/Opinion
59

1:06-cv-02494

Final Judgment

Jan. 25, 2007

Jan. 25, 2007

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4792668/yarrito-v-meyers/

Last updated Aug. 25, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
11

Minute ORDER on Petitioner's 8 Motion to Amend Petition is held in Abeyance pending compliance with D.C.COLO.LCivR7.1A. by Judge John L. Kane on 12/20/06.(jjh, )

Dec. 20, 2006

Dec. 20, 2006

RECAP
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5, Receipt Number 273073), filed by Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Proposed Order to Show Cause# 2 Civil Cover Sheet # 3 Receipt)(gms, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

2

ORDER TO SHOW CAUSE: returnable by respondent why application for a writ of habeas corpus should not be granted. Show Cause Response due by 12/18/2006. Signed by Judge John L. Kane on 12/13/06. (Attachments: # 1 certified mail receipt)(jjh, ) (Entered: 12/13/2006)

Dec. 13, 2006

Dec. 13, 2006

13

Minute ORDER granting Respondent's 10 Motion for Leave to File Response to Claimed Next Friend's Brief on 12/29/06. Signed by Judge John L. Kane on 12/22/06.(jjh, )

Dec. 22, 2006

Dec. 22, 2006

RECAP
16

ORDER 2 Order to Show Cause is amended as set forth in this order. This order pertains only to document 14 . Document 8 is still pending and will be ruled on by a separate order. Signed by Judge John L. Kane on 12/26/06. (jjh, )

Dec. 26, 2006

Dec. 26, 2006

RECAP
3

AFFIDAVIT/RETURN of Service of upon US Attorney on 12/13/06 (jjh, ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

22

AMENDED ORDER re: 16 Order to Show Cause is Further Amended as follows: "Respondents may release applicants on bond or on their own recognizance.Respondents may also remove aliens from the United States who request voluntaryremoval pursuant to 8 C.F.R. § 240.5 or who request removal pursuant to a stipulated order of removal pursuant to 8 U.S.C. § 1229a(d) and 8 U.S.C. § 1103(a)(3), if said request was made without coercion, intimidation or harassment. Signed by Judge John L. Kane on 12/28/06. (erv, )

Dec. 28, 2006

Dec. 28, 2006

RECAP
4

RETURN of Service of green receipt upon District Director Department of Homeland Security on 12/14/06, filed by Respondent United States Immigration & Customs Enforcement (jjh, ) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

37

ORDER granting Petitioners' 30 Motion to Amend Petition for Writ of Habeas Corpus and Join Additional Respondents by Name. Caption is amended to add Theresa Hunt and Alfredo Campos as named respondents; granting Petitioners' 8 Motion f or Leave to Amend Petition for Writ of Habeas Corpus and Join Additional Petitioners by Name, with the priviso petitioners file amended complaint within 10 days. With the caveat (contained in the order), the 252 individuals identified in Exhibit 1 to the brief in support of the petition for writ of habeas corpus are named as parties on the petition. Signed by Judge John L. Kane on 1/5/07.(gms, )

Jan. 5, 2007

Jan. 5, 2007

RECAP
5

BRIEF re 1 Petition for Writ of Habeas Corpus, by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7)(Bowen, John) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

49

Minute Entry - Courtroom Minutes for Oral Argument held before Judge John L. Kane held on 1/12/2007. ORDERED: To the extent there are any detainees who have not yet been afforded bond hearings, those detainees shall be identified specifically and tho se hearings shall take place within 48 hours. ORDERED: With regard to petitioners, if any, who remain in custody subject to a voluntary removal order which he or she claims was fraudulently or wrongfully obtained, those individuals shall not be remov ed pursuant to those orders. The government is directed to comply with any request on behalf of those individuals to withdraw their agreement to voluntary removal. ORDERED: With regard to 38 Respondents Motion for Reconsideration of the Courts Jan uary 5, 2006, Order and, in the Alternative, Motion to Dismiss for Lack of Jurisdiction and Partial Motion to Dismiss for Lack of Jurisdiction: (1) the Motion for Reconsideration is denied; (2) the case is not dismissed; (3) the petitions are held in abeyance pending completion of petitioners administrative processing; (4) the Court retains jurisdiction over the case to monitor ICEs compliance with the substantive and procedural due process protections afforded by Congress under the Immigration and Nationality Act and its implementing regulations, as well as the United States Constitution; and (5) petitioners claims based on averred violations of the Fourth Amendment regarding the raid are dismissed. (Court Reporter Janet Coppock) (lbush)

Jan. 12, 2007

Jan. 12, 2007

RECAP
6

RESPONSE TO ORDER TO SHOW CAUSE re 2 by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit Ex.1, Declaration of P. Maldonado# 2 Exhibit Ex.2, Form I-826# 3 Attachment A)(Stevens, Elizabeth) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

7

MINUTE ORDER Petitioners to file Traverse as soon as practicable, no later than noon 12/29/06, by Judge John L. Kane on 12/19/06. (jjh, ) (Entered: 12/19/2006)

Dec. 19, 2006

Dec. 19, 2006

8

MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, and Join Additional Petitioners by Name by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Bowen, John) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

9

RESPONSE to Motion re 8 MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, and Join Additional Petitioners by Corpus, and Join Additional Petitioners by Name Respondent's Opposition to the Claimed Next Friend's Motion to Amend Petition for Writ of Habeas Corpus and Respondent's Motion For Clarification of the Court's December 13, 2006 Order to Show Cause filed by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Stevens, Elizabeth) (Entered: 12/20/2006)

Dec. 20, 2006

Dec. 20, 2006

10

MOTION for Leave to File Response to Claimed Next Friend's Brief On or Before December 29, 2006 by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Proposed Order (PDF Only))(Stevens, Elizabeth) (Entered: 12/21/2006)

Dec. 21, 2006

Dec. 21, 2006

12

NOTICE of Entry of Appearance of DeAngelo Starnes by John Patrick Bowen on behalf of Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu (Bowen, John) (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

14

SUPPLEMENT/AMENDMENT to 8 MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, and Join Additional Petitioners by Name by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Proposed Order (PDF Only)) (Stevens, Elizabeth) (Modified on 12/26/2006 to correct linkage) (dln, ). (Entered: 12/22/2006)

Dec. 22, 2006

Dec. 22, 2006

15

Docket Annotation re: 14 SUPPLEMENT/AMENDMENT to 8MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, and Join Additional Petitioners by Name by Respondents. [Entry modified to correct linkage - Text only entry - no document attached]. (dln, ) (Entered: 12/26/2006)

Dec. 26, 2006

Dec. 26, 2006

17

RESPONSE to Motion re 8 MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, and Join Additional Petitioners by Name MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, and Join Additional Petitioners by Name Response to Respondents' Opposition to Next Friend's Motion for Leave to Amend Petition for Writ of Habeas Corpus and Join Additional Petitioners by Name filed by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Starnes, DeAngelo) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

18

MOTION for Reconsideration re 16 Order by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2) (Starnes, DeAngelo) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

19

MOTION for Order to Show Cause Amended Show Cause Order by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Starnes, DeAngelo) (Entered: 12/27/2006)

Dec. 27, 2006

Dec. 27, 2006

20

Docket Annotation: Motions terminated: 19 MOTION for Order to Show Cause Amended Show Cause Order by Petitioners. [Document is not a motion - proposed order for document #18]. Text only entry - no document attached. (dln, ) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

21

TRAVERSE re 7 Order by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Exhibit Exhibit 1 to Traverse# 2 Exhibit Exhibit 2 to Traverse# 3 Exhibit Exhibit 3 to Traverse)(Starnes, DeAngelo) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

23

BRIEF re 5 Brief, Respondent's Memorandum Of Law In Response To The Brief Filed By Alleged Next Friend by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit A, Declaration of SDDO Robert Lindly# 2 Appendix)(Stevens, Elizabeth) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

24

NOTICE re 14 Supplement/Amendment, Respondent's Notice To Court Regarding Respondent's Motion For Claritification Of The Court's December 13, 2006 Order To Show Cause by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement (Stevens, Elizabeth) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

26

NOTICE OF EUSEBIO VICENTE PELICO by Petitioner Rinaldo Yarrito (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Salvator, Jim) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

27

NOTICE OF SANTOS GERVACIO VICENTE-VICENTE by Petitioner Rinaldo Yarrito (Salvator, Jim) (Entered: 01/02/2007)

Jan. 2, 2007

Jan. 2, 2007

28

AFFIDAVIT/RETURN of Service of upon Department of Homeland Security on 12/18/06. (jjh, ) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

29

AFFIDAVIT/RETURN of Service of upon US Attorney General on 12/28/06. (jjh, ) (Entered: 01/03/2007)

Jan. 3, 2007

Jan. 3, 2007

30

MOTION to Amend/Correct/Modify 1 Petition for Writ of Habeas Corpus, And Join Additional Respondents By Name by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Proposed Order (PDF Only)) (Starnes, DeAngelo) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

31

MOTION to Supplement 21 Traverse, 5 Brief, by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Supplement to Petitioners' Brief and Traverse# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21)(Starnes, DeAngelo) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

32

Minute ORDER granting 31 Motion to Supplement Petitioner's Brief and Traverse, by Judge John L. Kane on 1/5/07.(gms, ) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

33

SUPPLEMENT to 5 Brief and 21 Traverse, by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Attachments: # 1 Exhibit #1# 2 Exhibit #2# 3 Exhibit #3# 4 Exhibit #4# 5 Exhibit #5# 6 Exhibit #6# 7 Exhibit #7# 8 Exhibit #8# 9 Exhibit #9# 10 Exhibit #10# 11 Exhibit #11# 12 Exhibit #12# 13 Exhibit #13# 14 Exhibit #14# 15 Exhibit #15# 16 Exhibit #16# 17 Exhibit #17# 18 Exhibit #18# 19 Exhibit #19# 20 Exhibit #20# 21 Exhibit #21)(gms, ) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

34

RESPONSE to 26 Notice (Other) of Eusebio Vicente Pelico Regarding Court's Order of December 29, 2006 by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit 3)(Stevens, Elizabeth) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

35

RESPONSE to 27 Notice (Other) of Santos Gervacio Vicente Vicente, et al by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit 1)(Stevens, Elizabeth) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

36

MINUTE ORDER: Oral Argument set for 1/12/2007 09:00 AM in Courtroom A 802 before Judge John L. Kane, by Judge John L. Kane on 1/5/07. (gms, ) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

38

MOTION for Reconsideration re 37 Order on Motion to Amend/Correct/Modify,,,,, by Respondent Julie L. Meyers. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Proposed Order (PDF Only))(Pestal, Mark) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

39

NOTICE re 36 Order, Set/Reset Hearings Pre-Hearing Submission by Respondent Julie L. Meyers (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Pestal, Mark) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

40

NOTICE of Entry of Appearance of Edward E. Wiggers by Mark S. Pestal on behalf of Julie L. Meyers (Pestal, Mark) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

41

RESPONSE to Motion re 38 MOTION for Reconsideration re 37 Order on Motion to Amend/Correct/Modify,,,,, filed by Petitioner Rinaldo Yarrito. (Salvator, Jim) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

42

MINUTE ORDER Setting Oral Argument set for 1/22/2007 10:00 AM in Courtroom A 802 before Judge John L. Kane. Parties shall file a detailed status report no later than noon on 01/18/07, by Judge John L. Kane on 01/12/07. (jjh, ) (Entered: 01/12/2007)

Jan. 12, 2007

Jan. 12, 2007

46

Utility Setting/Resetting Deadlines/Hearings pursuant to minute order of 01/12/07. Text only entry - no document attached. Oral Argument set for 1/22/2007 10:00 AM in Courtroom A 802 before Judge John L. Kane. (jjh, ) (Entered: 01/16/2007)

Jan. 12, 2007

Jan. 12, 2007

43

MOTION to OBTAIN EMERGENCY RELIEF by Petitioner Rinaldo Yarrito. (Attachments: # 1 Exhibit A)(Salvator, Jim) (Entered: 01/14/2007)

Jan. 14, 2007

Jan. 14, 2007

44

MOTION for Order to Proposed Order by Petitioner Rinaldo Yarrito. (Salvator, Jim) (Entered: 01/14/2007)

Jan. 14, 2007

Jan. 14, 2007

45

BRIEF in Opposition re 43 MOTION to OBTAIN EMERGENCY RELIEF filed by Respondents Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit A# 2 Proposed Order (PDF Only))(Stevens, Elizabeth) (Entered: 01/15/2007)

Jan. 15, 2007

Jan. 15, 2007

47

Utility Setting/Resetting Deadlines/Hearings pursuant to Minute Order of 01/12/07. Text only entry - no document attached. Status Report due by noon on 1/18/2007. (jjh, ) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

48

Docket Annotation: Motions terminated: 44 MOTION for Order to Proposed Order by Petitioner. [Document is a duplicate of #43 - not a proposed order]. Text only entry - no document attached. (dln, ) (Entered: 01/16/2007)

Jan. 16, 2007

Jan. 16, 2007

50

RESPONSE to Motion re 43 MOTION to OBTAIN EMERGENCY RELIEF filed by Respondent United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit A)(Pestal, Mark) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

51

TRANSCRIPT of Oral Argument held on 01/12/07 before Judge Judge Kane. Prepared by: Federal Reporting Service. Pages: 1-40. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital- audio taped record, the courtroom deputy for the judicial officer. (jjh, ) Modified on 1/22/2007 to correct who transcript was prepared by (jjh, ). (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

52

STATUS REPORT by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Starnes, DeAngelo) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

53

CERTIFICATE of Mailing/Service re 52 Status Report, by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Starnes, DeAngelo) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

54

ERRATA re 52 Status Report, by Petitioners Jose Chavez, Adam M. Flores, Rinald Dirrato, Arrestada Joy Aspose, Kimberly Cordova, Roberto Burgos Roman, Rudy Hernadez, Rinaldo Yarrito, Lionel Vicente Chum, Juan Vela, Marquerez Barron, Carlos Perez, Maria E. Fragu. (Starnes, DeAngelo) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

55

STATUS REPORT by Respondent United States Immigration & Customs Enforcement. (Pestal, Mark) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

56

REPLY to Response to Motion re 43 MOTION to OBTAIN EMERGENCY RELIEF filed by Petitioner Rinaldo Yarrito. (Salvator, Jim) (Entered: 01/18/2007)

Jan. 18, 2007

Jan. 18, 2007

57

SURREPLY re 43 MOTION to OBTAIN EMERGENCY RELIEF filed by Respondents Theresa Hunt, Alfredo Campos, Julie L. Meyers, United States Immigration & Customs Enforcement. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Stevens, Elizabeth) (Entered: 01/19/2007)

Jan. 19, 2007

Jan. 19, 2007

59

Final JUDGMENT by Clerk in favor of Petitioners against United States Immigration & Customs Enforcement, Alfredo Campos, Julie L. Meyers, Theresa Hunt, Pursuant to Hearing 01/22/07. Case is closed. Signed by Stephen P. Ehrlich, Chief Deputy Clerk 01/25/07. (jjh, ) (Entered: 01/25/2007)

Jan. 25, 2007

Jan. 25, 2007

60

TRANSCRIPT of hearing on motions held on 1/22/2007 before Judge Kane. Pages: 1-14. Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital- audio taped record, the courtroom deputy for the judicial officer. (Daniel, Gwen) Modified on 3/30/2007 to correct the Judge to be Judge Kane (gmssl, ). (Entered: 03/26/2007)

March 26, 2007

March 26, 2007

58

Minute Entry for proceedings held before Judge John L. Kane: denying 43 Motion Regarding 61 Mayans Detained without bond; Oral Argument Hearing held on 1/22/2007. Name of first plaintiff to be changed to "Rinaldo Yarrito, an alias of a person whose true identity is unknown." Case closed final judgment shall enter. (Court Reporter Gwen Daniel.) (jjh, )

Jan. 22, 2007

Jan. 22, 2007

RECAP

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 2006

Closing Date: Jan. 25, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

UFCW members and Swift employees who were detained during an ICE raid at the Swift plant in Greeley, Colorado on December 12, 2006.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Immigration & Customs Enforcement (ICE), Federal

Department of Homeland Security, Federal

ICE's El Paso, Texas facility (El Paso), Federal

ICE's facility in Aurora, Colorado (Aurora), Federal

Case Details

Causes of Action:

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2007 - None

Issues

General:

Conditions of confinement

Habeas Corpus

Immigration/Border:

Constitutional rights

Deportation - procedure

Detention - conditions

Detention - procedures

Employment

ICE/DHS/INS raid