Case: Reyes v. Alcantar

4:07-cv-02271 | U.S. District Court for the Northern District of California

Filed Date: April 26, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

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 au…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4166739/parties/reyes-v-alcantar/


Judge(s)

Armstrong, Saundra Brown (California)

Laporte, Elizabeth D. (California)

Attorneys(s) for Plaintiff

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)

Attorneys(s) for Defendant

Olsen, Edward A (California)

Judge(s)

Armstrong, Saundra Brown (California)

Laporte, Elizabeth D. (California)

Attorneys(s) for Plaintiff

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)

Attorneys(s) for Defendant

Olsen, Edward A (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Sept. 16, 2008 Docket

Docket

Sept. 16, 2008 Docket

ACLU Press Release: Civil Rights Groups Sue Immigration Officials For Unlawfully Detaining Six-Year-Old U.S. Citizen

No Court

April 26, 2007 Press Release
1

Complaint for Violations of the Fourth and Fifth Amendments to the United States Constitution

April 26, 2007 Complaint
7

Answer

July 6, 2007 Pleading / Motion / Brief
22

First Amended Complaint for Violations of the Fourth and Fifth Amendments to the United States Constitution and for False Imprisonment, Intentional Infliction of Emotional Distress, and Negligence

Nov. 9, 2007 Complaint
21

STIPULATION AND ORDER FOR FILING AMENDED COMPLAINT

Nov. 16, 2007 Order/Opinion
27

Civil Minutes

March 7, 2008 Transcript
32

Joint Motion Seeking Approval of Settlement, and Memorandum of Points and Authorities in Support Thereof

June 20, 2008 Pleading / Motion / Brief
37

Order Approving Settlement

June 25, 2008 Order/Opinion

Resources

Title Description External URL

Kebin Reyes v. Alcantar

American Civil Liberties Union

The ACLU Foundation of Northern California and co-counsel finalized a settlement with the U.S. Immigration and Customs Enforcement Agency (ICE) in their case involving Kebin Reyes, a U.S. citizen who… Sept. 16, 2008 https://www.aclunc.org/our-work/legal-docket/kebin-reyes-v-alcantar

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4166739/reyes-v-alcantar/

Last updated May 20, 2022, 1:26 a.m.

ECF Number Description Date Link
1

RECAP
2

MOTION to Appoint Noe Reyes as Guardian ad Litem filed by Kebin Reyes. (slh, COURT STAFF) (Filed on 4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)

April 26, 2007
22

RECAP
3

Certificate of Interested Entities by Kebin Reyes. (slh, COURT STAFF) (Filed on 4/26/2007) Additional attachment(s) added on 5/7/2007 (jlm, COURT STAFF). (Entered: 04/26/2007)

April 26, 2007
25

PACER
4

ADR SCHEDULING ORDER: Case Management Statement due by 7/25/2007. Case Management Conference set for 8/1/2007 01:30 PM. (Attachments: # 1 EMC Standing Order; # 2 CM Standing Order)(slh, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)

April 26, 2007
27

RECAP

CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 4/26/2007) (Entered: 04/26/2007)

April 26, 2007
32

RECAP
5

RECUSAL ORDER. Signed by Judge Edward M. Chen on 4/27/07. (bpf, COURT STAFF) (Filed on 4/27/2007)

April 27, 2007 RECAP
20

NOTICE OF SETTLEMENT CONFERENCE ORDER - Settlement Conference set for 2/27/2008 09:30 AM. Signed by Judge Elizabeth D. Laporte on 11/16/07. (lmh, COURT STAFF) (Filed on 11/16/2007)

Nov. 16, 2007 RECAP
6

ORDER REASSIGNING CASE. Case reassigned to Judge Saundra Brown Armstrong for all further proceedings. Judge Edward M. Chen no longer assigned to the case.. Signed by Executive Committee on 4/27/07. (as, COURT STAFF) (Filed on 4/27/2007) (Entered: 04/27/2007)

April 27, 2007
21

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 11-16-07. (lrc, COURT STAFF) (Filed on 11/19/2007)

Nov. 19, 2007 RECAP
7

ANSWER to Complaint byNancy Alcantar. (Olsen, Edward) (Filed on 7/6/2007) (Entered: 07/06/2007)

July 6, 2007
8

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASES: Case Management Conference set for 9/19/2007 03:45 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 7/30/07. (lrc, COURT STAFF) (Filed on 7/30/2007) Modified on 7/31/2007 (jlm, COURT STAFF). (Entered: 07/30/2007)

July 30, 2007
26

NOTICE OF CONTINUANCE AND ORDER - Settlement Conference continued to 3/7/2008 09:00 AM. Signed by Judge Elizabeth D. Laporte on 2/4/08. (lmh, COURT STAFF) (Filed on 2/4/2008)

Feb. 4, 2008 RECAP
9

ADR Clerks Notice re: Non−Compliance with Court Order. (tjs, COURT STAFF) (Filed on 8/29/2007) (Entered: 08/29/2007)

Aug. 29, 2007
28

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 3/11/08. (lrc, COURT STAFF) (Filed on 3/11/2008)

March 11, 2008 RECAP
30

ORDER REOPENING CASE, ORDER REFERRING CASE to Magistrate Judge LAPORTE. Signed by Judge ARMSTRONG on 3/19/08. (lrc, COURT STAFF) (Filed on 3/19/2008)

March 19, 2008 RECAP
10

NOTICE of need for ADR Phone Conference (ADR L.R. 3−5 d) by Kevin Reyes (Slavitt, Howard) (Filed on 9/7/2007) Modified on 9/10/2007 (jlm, COURT STAFF). (Entered: 09/07/2007)

Sept. 7, 2007
11

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options (Joint) Nancy Alcantar, Kebin Reyes (Olsen, Edward) (Filed on 9/7/2007) Modified on 9/10/2007 (jlm, COURT STAFF). Modified on 9/10/2007 (jlm, COURT STAFF). (Entered: 09/07/2007)

Sept. 7, 2007
36

ORDER ESTABLISHING Blocked Custodian Account and Conditions of Withdrawal Therefrom. Signed by Judge Elizabeth D. Laporte on 6/25/08. (wh, COURT STAFF) (Filed on 6/25/2008)

June 25, 2008 RECAP
39

STIPULATED DISMISSAL WITH PREJUDICE OF ENTIRE ACTION AND ORDER. Signed by Magistrate Judge Elizabeth D. Laporte on 9/16/08. (lmh, COURT STAFF) (Filed on 9/16/2008) Modified on 9/17/2008 (jlm, COURT STAFF).

Sept. 16, 2008 RECAP
12

JOINT CASE MANAGEMENT STATEMENT filed by Kebin Reyes, Nancy Alcantar. (Attachments: # 1 Exhibit A)(Slavitt, Howard) (Filed on 9/10/2007) (Entered: 09/10/2007)

Sept. 10, 2007
13

ADR Clerks Notice Setting ADR Phone Conference on 9/17/07 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/10/2007) (Entered: 09/10/2007)

Sept. 10, 2007
14

SUMMONS Returned Executed by Kebin Reyes. Nancy Alcantar served on 5/10/2007, answer due 5/30/2007. (Cohen, Rachel) (Filed on 9/10/2007) (Entered: 09/10/2007)

Sept. 10, 2007
15

NOTICE of Substitution of Counsel by Kebin Reyes (Zarate, Katherine) (Filed on 9/11/2007) Modified on 9/12/2007 (jlm, COURT STAFF). (Entered: 09/11/2007)

Sept. 11, 2007
16

ADR Certification (ADR L.R. 3−5b) of discussion of ADR options, filed by Kebin Reyes (Zarate, Katherine) (Filed on 9/12/2007) Modified on 9/13/2007 (jlm, COURT STAFF). (Entered: 09/12/2007)

Sept. 12, 2007

ADR Remark: ADR Phone Conference conducted on 9/17/07 by DB. (tjs, COURT STAFF) (Filed on 9/17/2007) (Entered: 09/18/2007)

Sept. 17, 2007

CASE REFERRED to Magistrate Judge Elizabeth D. Laporte for Settlement (jlm, COURT STAFF) (Filed on 9/19/2007) (Entered: 10/02/2007)

Sept. 19, 2007
18

CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 4/14/2008. Jury Trial set for 12/1/2008 08:30 AM. Motions due by 5/20/2008. Pretrial Conference set for 11/11/2008 01:00 PM.. Signed by Judge ARMSTRONG on 10/1/08. (lrc, COURT STAFF) (Filed on 10/1/2007) (Entered: 10/01/2007)

Oct. 1, 2007
19

STIPULATION and Proposed Order for filing Amended Complaint, by Kebin Reyes. (Zarate, Katherine) (Filed on 11/13/2007) Modified on 11/14/2007 (jlm, COURT STAFF). (Entered: 11/13/2007)

Nov. 13, 2007
23

*** FILED IN ERROR. PLEASE SEE DOCKET # 24 . *** SUMMONS Returned Executed by Kebin Reyes. John P. Martinez served on 11/25/2007, answer due 12/17/2007; Gregory J. Williams served on 11/21/2007, answer due 12/12/2007; United States of America served on 11/20/2007, answer due 12/10/2007. (Zarate, Katherine) (Filed on 12/4/2007) Modified on 12/5/2007 (jlm, COURT STAFF). Modified on 12/10/2007 (ewn, COURT STAFF). (Entered: 12/04/2007)

Dec. 4, 2007
24

SUMMONS Returned Executed by Kebin Reyes. CORRECTION OF DOCKET #23 (Zarate, Katherine) (Filed on 12/4/2007) (Entered: 12/04/2007)

Dec. 4, 2007
29

STIPULATION and Proposed Order Referring Case to Magistrate Judge Elizabeth D. Laporte for Determination of Motion to Approve the Compromise of Minor's Claims and Vacating Court's Order re 28 Order Dismissing Case by Kebin Reyes, John P. Martinez, United States of America, Nancy Alcantar, Gregory J. Williams. (Slavitt, Howard) (Filed on 3/18/2008) Modified on 3/19/2008 (jlm, COURT STAFF). (Entered: 03/18/2008)

March 18, 2008
33

Declaration of Katherine C. Zarate in Support of 32 Joint Motion for Settlement filed by Kebin Reyes. (Related document(s) 32 ) (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)

June 20, 2008
34

Proposed Order Establishing Blocked Custodial Account and Conditions of Withdrawal Therefrom re 32 Joint Motion for Settlement by Kebin Reyes. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)

June 20, 2008
35

Proposed Order re 32 Joint Motion for Settlement by Kebin Reyes. (Slavitt, Howard) (Filed on 6/20/2008) Modified on 6/23/2008 (jlm, COURT STAFF). (Entered: 06/20/2008)

June 20, 2008
37

ORDER APPROVING SETTLEMENT re 32 . Signed by Judge Elizabeth D. Laporte. (wh, COURT STAFF) (Filed on 6/25/2008) (Entered: 06/26/2008)

June 25, 2008
38

STIPULATION and Proposed Order of Dismissal with Prejudice of Entire Action [FRCP 41(a)] by Kebin Reyes, Kebin Reyes, Nancy Alcantar, John P. Martinez, United States of America, Gregory J. Williams. (Slavitt, Howard) (Filed on 9/15/2008) Modified on 9/16/2008 (jlm, COURT STAFF). (Entered: 09/15/2008)

Sept. 15, 2008

State / Territory: California

Case Type(s):

Immigration and/or the Border

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):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Northern California

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):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 30,000

Order Duration: 2008 - None

Issues

General:

False arrest

Juveniles

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures