Case: Echavarria v. Pitts

7:09-cv-00073 | U.S. District Court for the Southern District of Texas

Filed Date: Feb. 20, 2009

Closed Date: 2010

Clearinghouse coding complete

Case Summary

When an alien has been detained by the Department of Homeland Security ("DHS"), an obligor may post a $1,500 cash bond to secure the alien's release. The obligor signs an agreement with DHS, agreeing to be responsible for informing DHS of the alien's whereabouts and to ensure the alien's appearance at subsequent interviews, hearings, and, if necessary, for deportation. The obligor further agrees that DHS may send notice to the obligor at the address specified in the bond agreement. DHS notifies…

When an alien has been detained by the Department of Homeland Security ("DHS"), an obligor may post a $1,500 cash bond to secure the alien's release. The obligor signs an agreement with DHS, agreeing to be responsible for informing DHS of the alien's whereabouts and to ensure the alien's appearance at subsequent interviews, hearings, and, if necessary, for deportation. The obligor further agrees that DHS may send notice to the obligor at the address specified in the bond agreement. DHS notifies the bond obligor of a demand on the bond by mailing notice to the obligor at the address listed in the bond agreement by certified mail return receipt requested. If the notice is returned as undeliverable for any reason, DHS immediately declares the bond breached. DHS sends notice of the breach to the same address. DHS does not attempt to resend notice of the bond demand to the obligor by any other means. The bonded alien eventually receives notice of the bond demand directly from DHS.

Plaintiffs filed habeas corpus suits against the District Director for Interior Enforcement and DHS, and the United States Attorney General, in the U.S. District Court for the Southern District of Texas, McAllen Division. Plaintiffs asserted that their due process rights were violated when DHS failed to make additional attempts at service after it had knowledge that the initial attempt at notice failed. The Court certified four classes with claims, one "Supervision Class," and three "Cash Bond Classes": the "Obligor Cash Bond Class," "Immigrant Cash Bond Class A," and "Immigrant Cash Bond Class B."

On August 23, 2010, the District Court ordered that Plaintiffs' Motion for Summary Judgment is granted in part and denied in part, and Defendants' Cross-Motion for Summary Judgment is also granted in part and denied in part. More specifically, Plaintiffs' Motion is denied with respect to the claims of the Supervision Class; Plaintiffs' Motion is granted with respect to the claims of the Obligor Cash Bond Class; The Immigrant Cash Bond Class A is decertified, and Plaintiffs' Motion is granted with respect to the claims of the Immigrant Cash Bond Class B.

Defendants appealed the case to the Fifth Circuit with regard to two of the classes, the Obligor Cash Bond Class and the Immigration Cash Bond Class B. On May 11, 2011, in a published opinion, the Court of Appeals affirmed the District Court's decision. The Court of Appeals find that DHS violated the bond obligor's due process rights when it failed to take additional reasonable steps to notify the obligors of the bond demand after the initial notice was returned as undeliverable before it collected on the bond.

Summary Authors

Xin Chen (5/30/2011)

Related Cases

Zamora-Garcia v. Moore, Southern District of Texas (2005)

People


Judge(s)

Crane, Randy (Texas)

DeMoss, Harold R. Jr. (Texas)

Attorneys(s) for Plaintiff

Brodyaga, Lisa S. (Texas)

Attorneys(s) for Defendant

Benavides, Reno Carlo (Texas)

Guerra, David Louis (Texas)

Putnam, Lisa M. (Texas)

Young, Stacey Ilene (District of Columbia)

Zeitlin, Benjamin (District of Columbia)

Judge(s)

Crane, Randy (Texas)

DeMoss, Harold R. Jr. (Texas)

Attorneys(s) for Plaintiff

Brodyaga, Lisa S. (Texas)

Attorneys(s) for Defendant

Benavides, Reno Carlo (Texas)

Guerra, David Louis (Texas)

Putnam, Lisa M. (Texas)

Young, Stacey Ilene (District of Columbia)

Zeitlin, Benjamin (District of Columbia)

Documents in the Clearinghouse

Document

7:09-cv-00073

Docket

Jan. 25, 2011

Jan. 25, 2011

Docket
6

7:09-cv-00073

Order Granting in Part and Denying in Part Petitioners'/Plaintiffs' Motion for Summary Judgment and Granting in Part and Denying in Part Federal Respondents’/Defendants’ Motion for Summary Judgment

Aug. 23, 2010

Aug. 23, 2010

Order/Opinion
8

7:09-cv-00073

Final Judgment

Zamora-Garcia v. Moore

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion
17

7:09-cv-00073

Order Granting in Part and Denying in Part Defendants’ Motion to Stay Decision During Pendency of Appeal Period

Dec. 9, 2010

Dec. 9, 2010

Order/Opinion
00511474874

10-41274

Fifth Circuit Opinion

U. S. Court of Appeals for the Fifth Circuit

641 F.3d 92

May 11, 2011

May 11, 2011

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
2

ORDER Status Conference set for 5/21/2010 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

3

ORDER: Status Conference REset for 7/22/2010 at 11:00 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 05/17/2010)

May 17, 2010

May 17, 2010

4

Unopposed MOTION for Continuance of Scheduling Hearing by Michael Chertoff, Marc Moore, filed. Motion Docket Date 8/6/2010. (Attachments: # 1 Proposed Order Granting Motion to Continue Scheduling Hearing)(Young, Stacey) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

5

ORDER ( Status Conference reset for 8/24/2010 at 11:00 AM before Judge Randy Crane) 4 Unopposed MOTION for Continuance−MOOT.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 07/19/2010)

July 19, 2010

July 19, 2010

6

ORDER Granting in part and denying in part Petitioner's Motion for Summary Judgment and granting in part and denying in part Respondent's Motion for Summary Judgment.(Signed by Judge Randy Crane) Parties notified.(bgarces, ) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

Minute Entry for proceedings held before Judge Randy Crane. STATUS CONFERENCE held on 8/24/2010. The Court addressed counsel about the order entered by the Court yesterday and its effect, reconsideration or if the Court should just enter a judgment. Plaintiffs' counsel urged oral motion for continuance, without any objection, to allow counsel time to consult with opposing counsel, or if necessary find a new class representative, or allow counsel time to attempt to reach an agreement or if necessary appeal the Court's decision. If counsel will seek relief from the Court's order, the Court directed counsel to file their motion sooner rather than later and prior to the the next hearing which is set for Status Conference on Wednesday, 10/6/2010 at 09:30 AM before Judge Randy Crane, a written order will be issued. Appearances: Elisabeth Lisa S. Brodyaga; Stacey Ilene Young/Lisa M.00 Putnam.(ERO:Richard Cortez [11:04−11:14]) (Law Clerk: S. Rodriguez), filed.(lcervantes) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

7

ORDER SETTING STATUS CONFERENCE. Status Conference set for 10/6/2010 at 09:30 AM before Judge Randy Crane.(Signed by Judge Randy Crane) Parties notified.(szellers, ) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

Minute Entry for proceedings held before Judge Randy Crane. STATUS CONFERENCE held on 10/6/2010. Appearances:, filed.(lcervantes, ) (Entered: 11/15/2010)

Oct. 6, 2010

Oct. 6, 2010

8

FINAL JUDGMENT.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 10/13/2010)

Oct. 12, 2010

Oct. 12, 2010

9

MOTION to Stay by Michael Chertoff, Marc Moore, filed. Motion Docket Date 11/9/2010. (Attachments: # 1 Proposed Order)(Young, Stacey) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

10

ORDER granting 9 Motion to Stay.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 10/20/2010)

Oct. 19, 2010

Oct. 19, 2010

11

MOTION to Stay by Michael Chertoff, Marc Moore, filed. Motion Docket Date 12/27/2010. (Attachments: # 1 Proposed Order)(Young, Stacey) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

12

CERTIFICATE of Conference by Michael Chertoff, Marc Moore, filed.(Young, Stacey) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

13

First RESPONSE in Opposition to 11 MOTION to Stay, filed by Petra Carranza de Salinas, Adriana Echavarria, Jorge Luis Echavarria, Isidro Herrera, Juan Larin−Ulloa, Norma Pena de Herrera, Aracely Zamora−Garcia. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

FILED IN ERROR: Filing fee assessed re: 14 Notice of Appeal (Filing fee $ 455) (rcoronado, ) Modified on 12/8/2010 (rcoronado, ). (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

15

REPLY, filed by Michael Chertoff, Marc Moore. (Young, Stacey) (Entered: 12/08/2010)

Dec. 8, 2010

Dec. 8, 2010

16

Notice of the Filing of an Appeal. DKT13 transcript order form was mailed to appellant. Fee status: GOV. The following Notice of Appeal and related motions are pending in the District Court: 14 Notice of Appeal, filed. (Attachments: # 1 Notice of Appeal, # 2 Judgment, # 3 Docket Sheet)(rcoronado, ) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

Document(s) Sent by regular mail to Stacey Ilene Young re: 16 Notice of the Filing of an Appeal, (rcoronado, ) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

17

ORDER granting in part and denying in part 11 Defendants' Motion to Stay Decision During Pendency of Appeal Period.(Signed by Judge Randy Crane) Parties notified.(rcoronado, ) (Entered: 12/09/2010)

Dec. 9, 2010

Dec. 9, 2010

18

Order of USCA; USCA No. 10−41274. motion to stay pending appeal denied, filed.(rcoronado, ) (Entered: 12/14/2010)

Dec. 14, 2010

Dec. 14, 2010

19

Notice of Assignment of USCA No. 10−41274 re: 14 Notice of Appeal, filed.(rcoronado, ) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

20

Order of USCA; USCA No. 10−41274. supplement the record on appeal, filed.(rcoronado, ) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

21

Transmittal Letter on Appeal Certified re: 14 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals in 1 volumes. (USCA No. 10−41274)(rcoronado, ) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

22

Transmittal Letter on Appeal Certified re: 14 Notice of Appeal. CDs containing the electronic record are being sent to counsel. (USCA No. 10−41274)(rcoronado, ) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

23

Supplemental Transmittal Letter on Appeal Certified re: 14 Notice of Appeal. CDs containing the electronic records are being sent to counsel. (USCA No. 10−41274) *includes related cases: 02cv144 and 05cv331(rcoronado, ) (Entered: 01/20/2011)

Jan. 20, 2011

Jan. 20, 2011

24

Supplemental Transmittal Letter on Appeal Certified re: 14 Notice of Appeal. A paper copy of the electronic record is being transmitted to the Fifth Circuit Court of Appeals. (USCA No. 10−41274) *includes related cases: 02cv144 and 05cv331(rcoronado, ) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 20, 2009

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are four classes certified by the court, one “Supervision Class" and three “Cash Bond Classes”--the “Obligor Cash Bond Class,” “Immigrant Cash Bond Class A,” and “Immigrant Cash Bond Class B."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary, Federal

District Director for Interior Enforcement, Federal

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Immigration/Border:

Detention - procedures