Filed Date: April 26, 2007
Closed Date: 2008
Clearinghouse coding complete
On April 26, 2007, the ACLU of Northern California, the ACLU Immigration Rights Project, and other public interest groups filed a lawsuit in the U.S. District Court for the Northern District of California representing a seven-year-old United States citizen, who was detained for ten hours by U.S. Immigration Customs and Enforcement Agency (ICE) officials. The complaint alleged that the plaintiff was unlawfully detained following an ICE raid of his (alien) father's apartment. Even though the authorities were shown the plaintiff's passport, which identified him as a U.S. citizen, ICE took the plaintiff into custody with his father and transported him to the ICE processing center in San Francisco. His father was not permitted to make non-detention arrangements for his son. Plaintiff sought compensatory and punitive damages.
The ACLU reported that the lawsuit came after scores of reports of alleged abusive practices by immigration officials, including illegal entries and searches by ICE agents, inappropriate tactics related to children, ethnic profiling, and due process violations. Four months the case was filed, ICE had changed its child detention policies to prevent detention of US citizens or lawful permanent residents.
The case successfully reached a court approved settlement. $30,000 was to be paid to the plaintiff, only $1,400 of which was paid to cover attorney's fees. In addition, plaintiff's father was granted deferred action status for two years, to be reviewed biennially, to facilitate to acclimation of his son to American life and his education here in order in order that he might have a solid cultural and academic basis for his return to the United States, should he have to leave with his father if his father is eventually deported.
Summary Authors
Dan Dalton (9/17/2007)
Carlos Torres (6/24/2013)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166739/parties/reyes-v-alcantar/
Armstrong, Saundra Brown (California)
Laporte, Elizabeth D. (California)
Cohen, Rachel Georgia (California)
Dulany, Katherine Zarate (California)
Hwang, Philip Kim (California)
Mass, Julia Harumi (California)
Rubin, Robert J. (California)
Schlosser, Alan Lawrence (California)
Slavitt, Howard Alan (California)
Olsen, Edward A (California)
Armstrong, Saundra Brown (California)
Laporte, Elizabeth D. (California)
Cohen, Rachel Georgia (California)
Dulany, Katherine Zarate (California)
Hwang, Philip Kim (California)
Mass, Julia Harumi (California)
Rubin, Robert J. (California)
Schlosser, Alan Lawrence (California)
Slavitt, Howard Alan (California)
Olsen, Edward A (California)
See docket on RECAP: https://www.courtlistener.com/docket/4166739/reyes-v-alcantar/
Last updated May 12, 2022, 8 p.m.
State / Territory: California
Case Type(s):
Key Dates
Filing Date: April 26, 2007
Closing Date: 2008
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Seven-year-old U.S. Citizen detained with his alien father for ten hours by U.S. Immigration Customs and Enforcement Agency (ICE).
Plaintiff Type(s):
Attorney Organizations:
Lawyers Comm. for Civil Rights Under Law
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Immigration Customs Enforcement (ICE), Federal
Defendant Type(s):
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Availably Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: 30,000
Order Duration: 2008 - None
Issues
General:
Placement in detention facilities
Type of Facility:
Immigration/Border: