Case: Gonzalez Machado v. Ashcroft

2:02-cv-00066 | U.S. District Court for the Eastern District of Washington

Filed Date: Feb. 19, 2002

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On February 19, 2002, attorneys with the Southern Poverty Law Center, Columbia Legal Services, the Northwest Immigrant Rights Project, and private firms filed suit on behalf of a 15-year-old Mexican orphan detainee in the U.S. District Court for the Eastern District of Washington, seeking to establish a right to appointed counsel under the Due Process Clause of the Fifth Amendment for detained, unaccompanied and indigent juvenile aliens facing deportation. Plaintiff sought declaratory and inju…

On February 19, 2002, attorneys with the Southern Poverty Law Center, Columbia Legal Services, the Northwest Immigrant Rights Project, and private firms filed suit on behalf of a 15-year-old Mexican orphan detainee in the U.S. District Court for the Eastern District of Washington, seeking to establish a right to appointed counsel under the Due Process Clause of the Fifth Amendment for detained, unaccompanied and indigent juvenile aliens facing deportation. Plaintiff sought declaratory and injunctive relief and class certification.

Shortly after suit was filed, the District Court (Chief Judge Fred L. Van Sickle) issued a TRO, prohibiting the INS from removing the plaintiff until further order of the Court. On March 5, 2002, Judge Van Sickle entered a preliminary injunction, ordering the INS not to remove plaintiff from the U.S. or conduct deportation proceedings until further order of the Court. The Court appointed counsel to plaintiff for the limited purpose of securing his release from custody.

Plaintiff then filed a motion for class certification. The government opposed class certification and moved to dismiss the case. The District Court (Chief Judge Fred L. Van Sickle) dismissed the complaint, holding that undocumented aliens did not have a constitutional right to have lawyers appointed to represent them in deportation proceedings. Judge Van Sickle then dissolved the preliminary injunction, by order dated August 21, 2002. Plaintiff then accepted voluntary deportation and was returned to Mexico.

Summary Authors

Dan Dalton (12/12/2007)

People


Judge(s)

Van Sickle, Frederick L. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Arthur, Patricia J. (Washington)

Brownstein, Rhonda C. (Alabama)

Higuera, Marie (Washington)

Isserlis, Nancy L. (Washington)

Nepal, Rohit (Alabama)

Odhiambo, Atieno C. (Washington)

Attorneys(s) for Defendant

Beatty, William (Washington)

Gorden, Michelle (District of Columbia)

Judge(s)

Van Sickle, Frederick L. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Arthur, Patricia J. (Washington)

Brownstein, Rhonda C. (Alabama)

Higuera, Marie (Washington)

Isserlis, Nancy L. (Washington)

Nepal, Rohit (Alabama)

Odhiambo, Atieno C. (Washington)

Attorneys(s) for Defendant

Beatty, William (Washington)

Gorden, Michelle (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Machado v. Ashcroft

Aug. 20, 2002 Docket
3

Complaint for Injunctive and Declaratory Relief

Feb. 19, 2002 Complaint
69

Order Granting Motion to Dismiss

June 18, 2002 Order/Opinion

Resources

Title Description External URL

Gonzalez Machado v. Ashcroft

Southern Poverty Law Center

Every year, thousands of immigrant children are detained by the INS. Alone, unable to speak English, they are detained in juvenile detention centers while immigration officials go through the process… June 18, 2002 https://www.splcenter.org/seeking-justice/case-docket/gonzalez-machado-v-ashcroft

Alone and Unrepresented: A Call to Congress to Provide Counsel for Unaccompanied Minors

Shani M. King

The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This… Jan. 1, 2013 https://scholarship.law.ufl.edu/facultypub/338/

One Size Fits All: Unaccompanied Alien Children and the Right to Appointed Counsel

Ginny Nunez

This comment will argue that unaccompanied alien children have a due process right to appointed counsel at the government’s expense. These children make up a vulnerable class, confront a complex adve… June 1, 2018 https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1188&context=jlia

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

RECEIVED Complaint - Receipt #none (IFP) (CP) (Entered: 02/20/2002)

Feb. 19, 2002
3

COMPLAINT (Summons(es) issued) Fee-status: ifp Receipt #: ifp (CP) (Entered: 02/20/2002)

Feb. 19, 2002
4

MOTION by plaintiffs for Class Certification (Class Action) (CP) (Entered: 02/20/2002)

Feb. 19, 2002
5

Memorandum by plaintiffs in support of Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
6

Declaration of Rhonda Brownstein in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
7

Declaration of Nancy L Isserlis in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
8

Declaration of Patricia J Arthur in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
9

Declaration of Matt Adams in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
10

Declaration of Atieno Odhiambo in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
11

Notice by plaintiffs of hearing setting motion for Class Certification (Class Action) [4-1] (w/o oral argument 3/25/02 ) (CP) (Entered: 02/20/2002)

Feb. 19, 2002
12

MOTION by plaintiffs to File Overlength Brief (CP) (Entered: 02/20/2002)

Feb. 19, 2002
13

Notice by plaintiffs of hearing on Motion for Leave to File Overlength Brief LR 7.1(f) and (h) [12-1] (w/o oral argument 3/25/02 ) (CP) (Entered: 02/20/2002)

Feb. 19, 2002
14

MOTION by plaintiffs for appointment of Guardian ad Litem (LR 17.1(a)) (CP) (Entered: 02/20/2002)

Feb. 19, 2002
15

Declaration of Atieno Odhiambo in Support of Motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1] (CP) (Entered: 02/20/2002)

Feb. 19, 2002
16

Notice by plaintiffs of hearing setting motion for appointment of Guardian ad Litem (LR 17.1(a); LR 7.1(h)) [14-1] (w/o oral argument 3/25/02 ) (CP) (Entered: 02/20/2002)

Feb. 19, 2002
2

ORDER TO PROCEED IN FORMA PAUPERIS by Magistrate Judge Cynthia Imbrogno (nunc pro tunc 2/19/02)(cc: all counsel) (CP) Modified on 02/22/2002 (Entered: 02/20/2002)

Feb. 20, 2002
18

MOTION by plaintiffs to Participate pro hac vice (re: atty Rohit Nepal) (CP) (Entered: 02/20/2002)

Feb. 20, 2002
19

MOTION by plaintiffs to Participate pro hac vice (re: Rhonda Brownstein) (CP) (Entered: 02/20/2002)

Feb. 20, 2002
20

Declaration of Rohit Nepal in Support of Plaintiffs' Motion for Class Certification (Class Action) [4-1] (CP) (Entered: 02/20/2002)

Feb. 20, 2002

Law Clerk assigned to case is 02 (PW) (Entered: 02/25/2002)

Feb. 25, 2002
21

MOTION by plaintiffs Marcos Gonzalez Machado & David Groesbeck for temporary restraining order and for preliminary injunction (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
22

Memorandum by plaintiffs Marcos Gonzalez Machado, David Groesbeck in support of motion for temporary restraining order [21-1], motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
23

Declaration of Daniel Smith by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
24

Declaration of Margaret H. Taylor by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
25

Declaration of Ann E. Benson by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
26

Declaration of Marcos Gonzalez Machado by plaintiffs re motion for temporary restraining order [21-1], re motion for preliminary injunction [21-2] (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
27

Notice by plaintiffs of hearing setting motion for temporary restraining order [21-1] (w/o oral argument 2/26/02 ) (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
28

Notice by plaintiffs of hearing setting motion for preliminary injunction [21-2] (w/o oral argument 3/8/02 ) (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
29

MOTION by plaintiffs Marcos Gonzalez Machado, David Groesbeck for leave to file overlength brief (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
30

Notice by plaintiffs of hearing setting motion for leave to file overlength brief [29-1] (w/o oral argument 3/29/02 ) (SAP) (Entered: 02/27/2002)

Feb. 26, 2002
31

TEMPORARY RESTRAINING ORDER by Chief Judge Fred L. Van Sickle: INS shall not remove pltf Machado from USA prior to 3/7/02; telephonic hrg set for 10:00 3/5/02 Spokane, WA to determine if this order to remain in effect w/pltfs to initiate call; pltfs do not need to post a bond at this time (cc: all counsel via facsimile & mail) (SAP) (Entered: 02/27/2002)

Feb. 27, 2002
32

AMENDED TEMPORARY RESTRAINING ORDER by Chief Judge Fred L. Van Sickle: pltfs' mtn to file an overlength brief [12-1] is granted; pltfs' mtn for TRO [21-1] is granted in part & denied in part; INS shall not remove pltf Machado from USA prior to 3/7/02; telephonic hrg set 3/5/02 @ 10:00 w/pltfs to initiate call; pltfs do not need to post a bond at this time (cc: all counsel via facsimile & regular mail) (SAP) (Entered: 02/28/2002)

Feb. 27, 2002

(PW) (Entered: 02/28/2002)

Feb. 28, 2002
33

MINUTES: Telephonic TRO hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Topper Baker court reporter (SAP) (Entered: 03/05/2002)

March 5, 2002
34

ORDER by Chief Judge Fred L. Van Sickle granting motion for leave to file overlength brief [29-1], granted in part and denied in part [21-2] motion for preliminary injunction, INS shall not remove Marcos Gonzalez Machado from US prior to end of case or upon further order of the court; INS shall not conduct hrgs/proceedings re removal/deportation except upon order of the court; INS to permit access by Machado's counsel to all records; if parties have not reached agr by 3/6/02 12:00 pm re release of Machado from INS custody, then court appoints Marie Higuera to represent Machado for limited purpose of securing his release from INS custody w/atty's fees to be paid by dfts; bond requirement by pltf is waived; court to set expeditied schedling conf (cc: all counsel & atty Higuera via fax & mail) (SAP) Modified on 03/07/2002 (Entered: 03/07/2002)

March 5, 2002
35

NOTICE of ATTORNEY APPEARANCE for defendant Immigration and Nat; Atty William Herbert Beatty appearing (SAP) (Entered: 03/08/2002)

March 7, 2002

Status Conference Notice ;telephonic status conf 8:30 4/19/02 Spokane, WA (PW) (Entered: 03/12/2002)

March 12, 2002
36

OBJECTION by Federal defendants' to plaintiff's motions: to motion to Participate pro hac vice (re: Rhonda Brownstein) [19-1], motion to Participate pro hac vice (re: atty Rohit Nepal) [18-1], motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1], motion for Class (Class Action) [4-1] (SAP) (Entered: 03/20/2002)

March 20, 2002
37

FIRST AMENDED COMPLAINT for Injunctive and Declaratory Relief (SAP) (Entered: 03/20/2002)

March 20, 2002
38

REPORTER'S TRANSCRIPT FILED. CR : Topper S Baker Judge Van Sickle City : Spokane, WA For date of 3/5/02 Type of Proceeding: Telephonic Hrg on TRO (CP) (Entered: 03/21/2002)

March 21, 2002
39

NOTICE OF ADDRESS CORRECTION by plaintiff (CP) (Entered: 03/22/2002)

March 22, 2002
41

ORDER re Motions by Chief Judge Fred L. Van Sickle; parties to jointly file by 4/17/02 a briefing schedule for all pending and anticipated motions; court will set a date for motions to be re-noted at status conf on 4/19/02; 3/25/02 is sticken for motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1] & motion for Class Certification (Class Action) [4-1] (cc: all counsel) (SAP) (Entered: 03/27/2002)

March 27, 2002
42

SUMMONS/RETURN OF SERVICE executed upon defendant John - Ashcroft, defendant Robert - Coleman (CP) (Entered: 03/29/2002)

March 29, 2002
43

JOINT Status Conference Certificate filed (SAP) (Entered: 04/08/2002)

April 8, 2002
44

SUBMISSION re Discovery Plan & Initial Disclosure Deadlines by plaintiffs (SAP) (Entered: 04/16/2002)

April 16, 2002
45

MOTION by defendants John Ashcroft, Robert Coleman & Immigration and Nat for leave to file overlength brief (SAP) (Entered: 04/22/2002)

April 19, 2002
46

Memorandum by defendants John Ashcroft, Robert Coleman & Immigration and Nat in support of motion for leave to file overlength brief [45-1] (SAP) (Entered: 04/22/2002)

April 19, 2002
47

MOTION by defendants John Ashcroft, Robert Coleman & Immigration and Nat to dismiss the complaint and to vacate the court's 3/5/02 order granting a preliminary injunction (SAP) (Entered: 04/22/2002)

April 19, 2002
48

Memorandum by defendants John Ashcroft, Robert Coleman & Immigration and Nat in support of motion to dismiss the complaint [47-1] & motion to vacate the court's 3/5/02 order granting a preliminary injunction [47-2] (SAP) (Entered: 04/22/2002)

April 19, 2002
49

Notice by defendants John Ashcroft, Robert Coleman & Immigration and Nat of hearing setting motion for leave to file overlength brief [45-1] with oral argument 1:30 6/6/02 Spokane, WA, setting motion to dismiss the complaint [47-1] with oral argument 1:30 6/6/02 Spokane, WA, setting motion to vacate the court's 3/5/02 order granting a preliminary injunction [47-2] with oral argument 1:30 6/6/02 Spokane, WA (SAP) (Entered: 04/22/2002)

April 19, 2002
50

Certificate of service by defendants John Ashcroft, Robert Coleman & Immigration and Nat of: docs #45-49 (SAP) (Entered: 04/22/2002)

April 19, 2002
51

MINUTES: Status/Scheduling Conference hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Mark Snover court reporter (SAP) (Entered: 04/22/2002)

April 19, 2002
52

Notice by plaintiff of hearing setting motion for Class Certification (Class Action) [4-1]; oral argument 1:30 6/6/02 Spokane, WA (LE) (Entered: 04/24/2002)

April 24, 2002
53

Scheduling Conference Order by Chief Judge Fred L. Van Sickle Disp mtn ddl: 10/7/02; Mtn in limine ddl: 10/28/02 ; In-court hearing set 1:30 6/6/02 Spokane, WA ;discovery to be complete 9/30/02 ;proposed PTO due 1/2/03; Pretrial Conf set 8:30 1/7/03 Spokane, WA ; Non-Jury Trial set 9:00 1/27/03 Spokane, WA (cc:all counsel) (CP) Modified on 04/30/2002 (Entered: 04/29/2002)

April 29, 2002
54

MOTION by defendant John Ashcroft, defendant Robert Coleman, defendant Immigration and Nat for an extension of time to file a response to plaintiff's motion for class certification (SAP) (Entered: 05/07/2002)

May 7, 2002
55

Declaration of Marcos Gonzalez Machado by plaintiffs Marcos Gonzalez Machado, David Groesbeck (SAP) (Entered: 05/07/2002)

May 7, 2002
56

PROPOSED RECEIVED Stipulation and Order vacating stay of removal proceedings and stay of removal re: submitted by plaintiffs Marcos Gonzalez Machado & David Groesbeck (SAP) (Entered: 05/07/2002)

May 7, 2002
57

Stipulation and ORDER Vacating Stay of Removal Proceedings and Stay of Removal by Chief Judge Fred L. Van Sickle re order of 3/5/02 [34-1] both court's stay of pltf's administrative proceedings & stay of his removal from US are VACATED (cc: faxed to all counsel) (SAP) (Entered: 05/08/2002)

May 7, 2002
58

ORDER Extending Briefing Deadlines for Motion to Certify Class by Chief Judge Fred L. Van Sickle; dft's motion for an extension of time [54-1] is GRANTED IN PART; govt's resp ddl 5/17/02; pltf's rply ddl 5/31/02 (cc: all counsel) (SAP) (Entered: 05/08/2002)

May 7, 2002
59

Memorandum by defendant John - Ashcroft, defendant Robert - Coleman, defendant Immigration and Nat in opposition to motion for Class Certification (Class Action) [4-1] (SAP) (Entered: 05/17/2002)

May 17, 2002
60

MOTION by plaintiff to file overlength brief (RF) (Entered: 05/20/2002)

May 20, 2002
61

Notice of Hearing by plaintiff setting motion to file overlength brief [60-1] (w/o oral argument 6/6/02 ) (RF) (Entered: 05/20/2002)

May 20, 2002
62

Declaration of Nancy L Isserlis by plaintiff in support of motion to file overlength brief [60-1] (RF) (Entered: 05/20/2002)

May 20, 2002
63

Plaintiffs' opposition to Defendants' motion to dismiss the complaint [47-1] (RF) (Entered: 05/20/2002)

May 20, 2002
64

Appendix to plaintiffs' opposition to Defendants' motion to dismiss [63-1] (Exhibits 1-7) (RF) (Entered: 05/20/2002)

May 20, 2002
65

Reply by plaintiffs Marcos Gonzalez Machado, David Groesbeck re memorandum in opposition to class certification [59-1] (SAP) (Entered: 06/03/2002)

May 31, 2002
66

Reply by defendants to plaintiff's memorandum in opposition to defendants' motion to dismiss the complaint and vacate the court's 3/5/02 order granting a preliminary injunction [63-1] (SAP) (Entered: 06/03/2002)

May 31, 2002
67

MINUTES: Motion hearing held before Chief Judge Fred L. Van Sickle Hrg Location: Spokane; Mark Snover court reporter (SAP) (Entered: 06/07/2002)

June 6, 2002
69

ORDER Granting Motion to Dismiss by Chief Judge Fred L. Van Sickle; dft's mtn to dismiss the complaint [47-1] is GRANTED; this action is DISMISSED WITH PREJUDICE; pltf's mtn for Class Certification (Class Action) [4-1] is DENIED AS MOOT; granting motion for appointment of Guardian ad Litem (LR 17.1(a)) [14-1], granting motion to Participate pro hac vice (re: atty Nepal) [18-1], granting motion to Participate pro hac vice (re: Rhonda Brownstein) [19- 1], granting motion for leave to file overlength brief [45-1], granting motion to file overlength brief [60-1], dft's mtn to vacate [47-2] is DENIED AS MOOT; DCE to close file; CrOB-188-90; case terminated (cc: all counsel) (SAP) (Entered: 06/18/2002)

June 18, 2002
70

Application by plaintiff for attorney fees (CP) (Entered: 07/15/2002)

July 15, 2002
71

MOTION by defendant to dissolve the preliminary injunction granting appointment of counsel at government expense & ... (SAP) (Entered: 07/30/2002)

July 29, 2002
71

... & Memorandum by defendant in opposition to application motion for attorney fees [70-1] (SAP) (Entered: 07/30/2002)

July 29, 2002
72

BRIEF in Support of Fees by plaintiff Marcos Gonzalez Machado (SAP) (Entered: 08/14/2002)

Aug. 13, 2002

FAXED/MAILED order re atty's fees to all counsel (SAP) (Entered: 08/20/2002)

Aug. 20, 2002
73

ORDER by Chief Judge Fred L. Van Sickle granting motion to dissolve the preliminary injunction granting appointment of counsel at government expense [71-1]; atty Marie Higuera is appointed counsel retroactively under 18 USC 3006A(a)(2); atty Higuera is to submit an appl for pyment under CJA; DCE to process appl for atty's fees under CJA (cc: all counsel & atty Higuera w/CJA form) (SAP) (Entered: 08/21/2002)

Aug. 20, 2002

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 19, 2002

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of unaccompanied immigrant children detained by the INS and facing deportation proceedings without a lawyer

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Northwest Immigrant Rights Project (NWIRP)

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

U.S. Attorney General, Federal

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure

Family Separation