Case: Rodriguez v. Hayes

2:07-cv-03239 | U.S. District Court for the Central District of California

Filed Date: May 16, 2007

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 16, 2007, an immigration detainee who had been held for more than six months without a bond hearing while in removal proceedings petitioned the U.S. District Court for the Central District of California for a writ of habeas corpus. The plaintiff claimed that, without a bond hearing, detention over six months violated the Due Process Clause of the Fifth Amendment and the statutory requirements of the Immigration and Nationality Act (INA). Represented by private counsel, the ACLU of Southe…

On May 16, 2007, an immigration detainee who had been held for more than six months without a bond hearing while in removal proceedings petitioned the U.S. District Court for the Central District of California for a writ of habeas corpus. The plaintiff claimed that, without a bond hearing, detention over six months violated the Due Process Clause of the Fifth Amendment and the statutory requirements of the Immigration and Nationality Act (INA). Represented by private counsel, the ACLU of Southern California, and the ACLU Immigrants Rights Project, the plaintiff sought declaratory relief, as well as a court order requiring that the Department of Homeland Security (DHS) provide him with an individual hearing before an immigration judge at which DHS would bear the burden to prove by clear and convincing evidence that prolonged detention was warranted. The case was assigned to Judge Virginia A. Phillips and referred to Magistrate Judge Charles F. Eick.

On May 29, 2007, the plaintiff filed an amended petition. On June 25, the plaintiff moved for class certification, seeking to certify a class of "all people who (1) are or will be detained for longer than six months pursuant to the general immigration detention statutes pending completion of removal proceedings, including judicial review, (2) are not detained pursuant to one of the national security detention statutes, and (3) have not been afforded a hearing to determine whether their prolonged detention is justified."

On August 8, 2007, the case was reassigned to Judge Terry J. Hatter, Jr. and referred to Magistrate Judge Robert N. Block.

On March 19, 2008, the District Court denied the motion for class certification without explanation. The plaintiffs then appealed this denial to the Court of Appeals for the Ninth Circuit. On August 20, 2009, the Court of Appeals (Judge Betty Fletcher) reversed the District Court's decision, stating that the defendants failed to provide any valid reason for denying class certification. 591 F.3d 1105 (9th Cir. 2009).

Subsequently, Judge Hatter certified the class on April 5, 2010. On October 15, 2010, the plaintiffs petitioned the District Court to certify subclasses determined by the specific INA section that authorized the class member's detention. These subclasses were certified by Judge Hatter on March 8, 2011.

On November 22, 2010, the defendants filed a motion for judgment on the pleadings. On January 27, 2011, Judge Hatter denied this motion, finding that the INA can be interpreted to require a bond hearing after a certain amount of time to avoid constitutional concerns. 2011 WL 13180220 (C.D. Cal. 2011).

On April 16, 2012, this case was consolidated with Ngaywa v. Holder (11-cv-01287) (the docket sheet is included in this case record, but the complaint is under seal and therefore unavailable).

On June 25, 2012, the plaintiffs moved for a preliminary injunction, requiring the defendants to begin providing members of the class with bond hearings. Judge Hatter granted this motion on September 13, 2012, requiring the defendants to identify all members of the subclasses according to INA sections 1225(b) and 1226(c), and to provide bond hearings in front of an immigration judge. 2012 WL 7653016 (C.D. Cal. 2012). The defendants moved for an emergency stay of the preliminary injunction, which Judge Hatter denied on September 28, 2012. The defendants then appealed to the Ninth Circuit, which affirmed the District Court's denial of the emergency stay on April 16, 2013 (Judge Kim Wardlaw). 715 F.3d 1127 (9th Cir. 2013).

In February and March of 2013, both parties filed motions for summary judgment. On August 6, 2013, Judge Hatter granted the plaintiffs' motion, ruling all class members were entitled to a bond hearing by their 181st day of detention. The order permanently enjoined the defendants, requiring them to provide at least seven-day notice of an individual's hearing, hold a bond hearing for all class members who have been detained for more than 6 months within 30 days of the order, and submit a status report within 60 days describing all steps taken to timely identify all current and future class members to ensure that they would receive a proper bond hearing.

The defendants appealed the summary judgment and injunction to the Ninth Circuit on September 30, 2013. On October 28, 2015, the Ninth Circuit issued an opinion largely affirming the injunction. They reversed and remanded to the District Court, requiring the Court to exclude non-citizens who had been ordered removed from the injunction as they were not members of the certified class (non-citizens detained pending removal proceedings).

The defendants appealed, and on June 20, 2016, the Supreme Court granted certiorari.

On July 20, 2016, both parties issued a Joint Status Report. According to the report, the parties continued to negotiate on a proposed draft of a modified permanent injunction order but reached an impasse on a number of issues. However, the parties agreed to defer briefing pending the Supreme Court's decision in this case, which was scheduled for argument during the October 2016 Term. The parties would submit a joint status report within 30 days of the Supreme Court's decision.

The Supreme Court heard oral argument on November 30, 2016. After the oral argument, the Court asked for further briefing on the constitutionality of the detention of immigrants.

On June 29, 2017, the parties issued a Joint Status Report. According to the report, on June 26, 2017, the Supreme Court issued an order setting this case for re-argument in the October 2017 Term. As a result, the parties submitted that no further action was required by the Court at that time.

The Supreme Court heard reargument on October 3, 2017.

On February 27, 2018, the Supreme Court issued a decision in this case. 138 S. Ct. 830 (2018). The Supreme Court reversed the Ninth Circuit's ruling that 8 U.S.C. §§ 1225, 1226(a), and 1226(c) required bond hearings after six months of immigration detention as a matter of statutory construction. The Supreme Court declined to decide the constitutional claims in the first instance and remanded the case for further consideration of those claims. On remand, the Supreme Court directed the Ninth Circuit to first "reexamine whether respondents could continue litigating their claims as a class" in light of 8 U.S.C. § 1252(f)(1), Federal Rule of Civil Procedure 23(b)(2), and Wal-Mart Stores, Inc. v. Dukes, 564 U. S. 338 (2011), which created a higher standard for class certification.

The parties filed a Joint Status Report on March 5, 2018, agreeing that in light of the Supreme Court decision, the District Court did not need to take any action at this time. The mandate would be issued no sooner than March 26, 2018. At that point, the Ninth Circuit would determine whether any of the remaining issues required further action by this Court. In the meantime, the parties agreed that the permanent injunction would remain in place in the Central District of California until it was vacated by some further action by this Court or the Ninth Circuit.

On November 19, 2018, the Ninth Circuit issued an opinion, remanding the case back to the District Court for consideration of the plaintiffs' constitutional arguments in the first instance. The Court also remanded the issue of reexamining class certification to the District Court. The Court did find that it had jurisdiction over the plaintiffs' claims and declined to vacate the permanent injunction pending the District Court's consideration of these issues. 909 F.3d 252.

The plaintiffs filed an amended complaint on July 11, 2019. The plaintiffs added a new plaintiff, reasserted a statutory claim that had not been appealed previously, and added an Eighth Amendment claim. The defendants filed a motion to dismiss on August 22.

On November 7, 2019, the District Court issued an order granting the defendants' motion to dismiss with respect to the newly added plaintiff and the revived statutory claim, but denying it with respect to the new Eighth Amendment Claim. 2019 WL 7840673. On November 18, the plaintiffs moved for clarification or reconsideration of that order. The District Court later clarified that the permanent injunction remained in place.

On November 27, 2019, the defendants moved to vacate the injunction and decertify the plaintiff class. On March 9, 2020, the court granted the plaintiffs' motion for reconsideration and issued an order amending the order from November 7, 2019. The amended order added that the Ninth Circuit had left the permanent injunction in place when it remanded the case and removed mention of the Supreme Court implicitly vacating the permanent injunction. On April 7, 2020, the defendants moved to reconsider the order. On May 28, 2020, the court denied the motion, denying both the motion to vacate the injunction and the motion to decertify the plaintiff class.

The defendants appealed the district court's May 28 order to the Ninth Circuit on July 27, 2020. In the Ninth Circuit, the plaintiffs had filed a motion to dismiss the appeal for lack of appellate jurisdiction. Subsequently, on October 28, the Ninth Circuit denied this motion and the appeal proceeded.

The case is ongoing.

Summary Authors

Dan Osher (8/10/2013)

Virginia Weeks (11/2/2016)

Joanna Kuzdra (3/15/2018)

Sam Kulhanek (3/17/2020)

Lauren Yu (11/2/2020)

Related Cases

Dukes v. Wal-Mart Stores, Inc., Northern District of California (2001)

Garland v. Gonzalez (Aleman Gonzalez v. Sessions), Northern District of California (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4143662/parties/alejandro-rodriguez-v-james-hayes/


Judge(s)

Block, Robert N. (California)

Fisher, Raymond C. (California)

Fletcher, Betty Binns (Washington)

Gould, Ronald Murray (Washington)

Haddon, Sam E. (Montana)

Hatter, Terry J. Jr. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Alloo, Fatima (California)

Almadani, Monica Marie-Ramirez (California)

Arulanantham, Ahilan T (California)

Judge(s)

Block, Robert N. (California)

Fisher, Raymond C. (California)

Fletcher, Betty Binns (Washington)

Gould, Ronald Murray (Washington)

Haddon, Sam E. (Montana)

Hatter, Terry J. Jr. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Alloo, Fatima (California)

Almadani, Monica Marie-Ramirez (California)

Arulanantham, Ahilan T (California)

Betanco-Vondriska, Adriana (California)

Carrillo, Luis (California)

Commons, Sean R (California)

Eliasberg, Peter J. (California)

Ellis, Steven A. (California)

Feingold, Jonathan Paul (California)

Jacobs, Cody James (California)

Kaufman, Michael Bryan (California)

McKinney, Zoe N. (California)

Nataranjan, Ranjana (California)

Rabinovitz, Judy (New York)

Ramírez, Mónica M. (California)

Shen, Wen W. (California)

Srikantiah, Jayashri (California)

Stark, Jennifer Lori (California)

Tan, Michael K. T. (New York)

Tran, William (California)

Wang, Cecillia D (California)

Washington, Brian Kelley (California)

Attorneys(s) for Defendant

Atkinson, Theodore W (District of Columbia)

Chen, Hans (District of Columbia)

Juncaj, Gjon (District of Columbia)

Kim, Dorothy (California)

Lester, Robert I (Arizona)

Prairie, Nicole Rogers (District of Columbia)

Reuveni, Erez (District of Columbia)

Walker, Elizabeth Lee (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Documents in the Clearinghouse

Document

8:11-cv-01287

Docket [PACER]

Ngaywa v. Holder

April 7, 2016

April 7, 2016

Docket

2:07-cv-03239

12-56734

Docket [PACER]

Sept. 18, 2020

Sept. 18, 2020

Docket
33

2:07-cv-03239

Order [Denying Motion to Dismiss and Motion to Certify Class]

March 19, 2008

March 19, 2008

Order/Opinion
51

2:07-cv-03239

08-56156

Opinion [9th Cir.] [Reversing Order and Remanding Case]

U. S. Court of Appeals for the Ninth Circuit

Jan. 12, 2010

Jan. 12, 2010

Order/Opinion
78

2:07-cv-03239

Stipulated Protective Order Concerning Roster of Detainees

April 19, 2010

April 19, 2010

Order/Opinion
85

2:07-cv-03239

Second Amended Complaint

Sept. 7, 2010

Sept. 7, 2010

Complaint
111

2:07-cv-03239

Third Amended Complaint

Oct. 20, 2010

Oct. 20, 2010

Complaint
155

2:07-cv-03239

Order [Denying Motion for Judgment on Pleadings]

Jan. 27, 2011

Jan. 27, 2011

Order/Opinion
161

2:07-cv-03239

Order [Granting Motion for Class Certification]

March 8, 2011

March 8, 2011

Order/Opinion
175

2:07-cv-03239

Civil Minutes - General [Granting Partial Stay]

May 11, 2011

May 11, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143662/alejandro-rodriguez-v-james-hayes/

Last updated Aug. 5, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge Virginia A. Phillips and referred to Magistrate Judge Charles F. Eick.(Filing fee $ 5 Paid), filed by petitioner Alejandro Garcia.(rrey, ) (Entered: 05/30/2007)

May 16, 2007

May 16, 2007

PACER
2

NOTICE of Interested Parties filed by Petitioner Alejandro Garcia. (rrey, ) (Entered: 05/30/2007)

May 16, 2007

May 16, 2007

PACER
3

NOTICE OF REFERENCE TO A U.S. MAGISTRATE JUDGE. Pursuant to the provisions of the Local Rules, the within action has been assigned to the calendar of Judge Virginia A. Phillips and referred to Magistrate Judge Charles F. Eick to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (rrey, ) (Entered: 05/30/2007)

May 16, 2007

May 16, 2007

PACER
12

NOTICE of Related Case(s) filed by Petitioner Alejandro Rodriguez. Related Case(s): CV 04-2270 TJH (Mc), CV 04-6656 TJH (MLG), CV 04-10251 TJH (MAN), ans other cases (rn) (Entered: 08/06/2007)

May 16, 2007

May 16, 2007

PACER
5

ORDER REQUIRING ANSWER/RETURN TO PETITION. ORDER by Magistrate Judge Charles F. Eick that Respondents file an Answer to the Petition within 23 days of the date of this order. If Petitioner desires to file a Reply to the Answer, he shall do so within 15 days of the date that the Answer is filed. (sp, ) (Entered: 05/30/2007)

May 22, 2007

May 22, 2007

PACER
4

FIRST AMENDED PETITON FOR WRIT OF HABEAS CORPUS against respondent James Hayes, George Molinar, Michael Chertoff, Alberto Gonzales, Paul Walters, Lee Baca, Sammy Jones amending Petition for Writ of Habeas Corpus (2241) 1,filed by petitioner Alejandro Garcia (lc, ) (Entered: 05/30/2007)

May 29, 2007

May 29, 2007

PACER
6

MINUTES OF IN CHAMBERS ORDER held before Judge Charles F. Eick. The Court is in receipt of Petitioner's "Notice of Corrected Petition for Writ of Habeas Corpus," filed 5/29/07. Exhibit A to this Notice is deemed to be Petitioner's First Amended Petition for Writ of Habeas Corpus. The caption of the case is ordered changed accordingly. Respondent shall file an Answer to the First Amended Petition within 23 days of the date of this order. Petitioner may file a Reply within 15 days of the date that the Answer is filed. (sp, ) (Entered: 05/31/2007)

May 30, 2007

May 30, 2007

PACER
7

ANSWER to Amended Petition for Writ of Habeas Corpus, 4 filed by federal defendants James Hayes, George Molinar, Michael Chertoff, Alberto Gonzales.(lc) (Entered: 06/26/2007)

June 25, 2007

June 25, 2007

PACER
10

NOTICE OF MOTION AND MOTION for Class Certification filed by petitioner Alejandro Garcia. Memorandum of Points and Authorities.Motion set for hearing on 7/16/2007 at 10:00 AM before Judge Virginia A. Phillips. (ad) (Entered: 07/17/2007)

June 25, 2007

June 25, 2007

PACER
9

TRAVERSE AND REPLY IN SUPPORT OF Amended Petition for Writ of Habeas Corpus, 4 filed filed by Petitioner Alejandro Garcia. (lc) (Entered: 07/12/2007)

July 10, 2007

July 10, 2007

PACER
8

MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips: Petitioner Motion for Class Certification is hereby continued for hearing on 8/20/2007 at 10:00 AM before Judge Virginia A. Phillips. Petitioner shall file a proof of service of Petitioner's Motion for Class Certification no later than 7/20/07.(am) (Entered: 07/12/2007)

July 11, 2007

July 11, 2007

PACER
11

NOTICE OF FILING OF PROOF OF SERVICE re MOTION to Certify Class 10 ; EXHIBITS filed by Petitioner Alejandro Rodriguez, served on 06/25/2007. (csa) (Entered: 08/02/2007)

July 19, 2007

July 19, 2007

PACER
18

APPLICATION of Judy Rabinovitz for Leave to Appear Pro Hac Vice and designating Ahilan t Arulanantham as local counsel. FEE PAID. filed by petitioner Alejandro Rodriguez. Lodged order. (lc) (Entered: 08/20/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER
17

OPPOSITION to petitioner's MOTION for Class Certification 10 ; filed by respondents(ear) (Entered: 08/20/2007)

Aug. 7, 2007

Aug. 7, 2007

PACER
13

ORDER TO REASSIGN CASE PURSUANT TO Section 5.4 of General Order 07.02 by Judge John F. Walter, Chair of the Case Management and Assignment Committee, all related Indefinite Detention cases are assigned to Judge Terry J. Hatter, Jr. and referred to Magistrate Judge Robert N. Block. The case number will now read as follows: CV 07-3239 TJH (RNB). The Related Group Control Case Number is: CV 04-3266 TJH (RNB).(rn) (Entered: 08/09/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
20

OPPOSITION to MOTION for Class Certification 10 ; filed by respondents (ear) (Entered: 08/21/2007)

Aug. 8, 2007

Aug. 8, 2007

PACER
16

ORDER by Judge Robert N. Block granting granting APPLICATION of Judy Rabinovitz for Leave to Appear Pro Hac Vice. FEE PAID(dmjr) (Entered: 08/17/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
19

ORDER granting APPLICATION of Judy Rabinovitz for Leave to Appear Pro Hac Vice and designating Ahilan T Arulanantham as local counsel on behalf of petitioner Alejandro Rodriguez by Judge Terry J. Hatter Jr 18 (lc) (Entered: 08/20/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
22

REPLY MEMORANDUM OF POINTS AND AUTHORITIES in support MOTION to Certify Class 10 filed by Petitioner Alejandro Rodriguez. (twdb) (Entered: 09/04/2007)

Aug. 14, 2007

Aug. 14, 2007

PACER
14

STIPULATION AND ORDER by Judge Terry J. Hatter Jr: that the Court GRANT petitioner one extra day, to and through Tuesday 8/14/07, in which to submit his reply brief in support of his motion for class certification. (et) (Entered: 08/16/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
15

MINUTES OF IN CHAMBERS ORDER held before Judge Terry J. Hatter Jr: ORDER AND NOTICE TO ALL PARTIES; This Case has been transferred to U.S. District Judge Terry J. Hatter, Jr. Counsel are hereby notified that the Petitioners MOTION for class certification, filed on 6/25/07 10, and set for calendar on August 20, 2007, at 10:00 a.m. will STAND SUBMITTED as of the hearing date. No appearance is necessary. IT IS SO ORDERED. (et) (Entered: 08/16/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
21

REQUEST FOR ORA ARGUMENT re MOTION to Certify Class 10 filed by Petitioner Alejandro Rodriguez. (lw) (Entered: 08/29/2007)

Aug. 15, 2007

Aug. 15, 2007

PACER
23

NOTICE OF FILING OF ADDITIONAL AUTHORITY IN SUPPORT OF MOTION FOR CLASS CERTIFICATION 10 filed by Petitioner Alejandro Rodriguez. (te) (Entered: 09/12/2007)

Aug. 21, 2007

Aug. 21, 2007

PACER
24

NOTICE OF MOTION AND MOTION of Federal Respondents James Hayes, George Molinar, Michael Chertoff and Alberto Gonzales to Dismiss Action; filed by Federal Respondents. Motion set for hearing on 12/18/2007 at 9:30 AM before Magistrate Judge Robert N. Block. (te) (Entered: 11/08/2007)

Nov. 7, 2007

Nov. 7, 2007

PACER
25

MINUTES RE: Defendants' Motion to Dismiss, filed 11/7/07; In Chambers Conference held before Judge Robert N. Block : Defendants' Motion is ORDERED off calendar for having been improperly brought. Since the class certification motion currently is pending before the District Judge, defendants in effect are asking the Magistrate Judge to preempt the District Judge's ruling on their contention.Court Reporter: n/a. (twdb) (Entered: 11/14/2007)

Nov. 8, 2007

Nov. 8, 2007

PACER
26

NOTICE OF MOTION AND MOTION to Dismiss Action as Moot filed by Respondents James Hayes, George Molinar, Michael Chertoff, Alberto Gonzales.Motion set for hearing on 1/14/2008 at 10:00 AM before Judge Terry J. Hatter Jr. (jl) (Entered: 12/26/2007)

Dec. 17, 2007

Dec. 17, 2007

PACER
27

REQUEST for COURT DECISION PURSUANT TO LOCAL RULE 83-9 filed by Petitioner Alejandro Rodriguez. (lw) (Entered: 01/03/2008)

Dec. 28, 2007

Dec. 28, 2007

PACER
28

MEMORANDUM of Points and Authorities in Opposition to Respondents' MOTION to Dismiss Action as Moot 26 filed by Petitioner Alejandro Rodriguez. (lw) (Entered: 01/03/2008)

Dec. 28, 2007

Dec. 28, 2007

PACER
29

REPLY in support of motion MOTION to Dismiss Action as Moot 26 filed by Respondents James Hayes, George Molinar, Michael Chertoff, Alberto Gonzales. (Lester, Robert) (Entered: 01/06/2008)

Jan. 6, 2008

Jan. 6, 2008

PACER
30

First EX PARTE APPLICATION to Stay pending ruling on motion to dismiss for mootness filed by Federal Respondents James Hayes, George Molinar, Michael Chertoff, Alberto Gonzales. (Attachments: # 1 Declaration of Robert Lester# 2 Proposed Order granting ex parte application)(Lester, Robert) (Entered: 01/06/2008)

2 Declaration of Robert Lester

View on PACER

3 Proposed Order granting ex parte application

View on PACER

Jan. 6, 2008

Jan. 6, 2008

PACER
31

NOTICE of Decision: by Supreme Court that subject matter jurisdiction is not waivable filed by Federal Respondents James Hayes, George Molinar, Michael Chertoff, Alberto Gonzales. (Lester, Robert) (Entered: 01/08/2008)

Jan. 8, 2008

Jan. 8, 2008

PACER
32

REQUEST for Judgment filed by Petitioners Alejandro Rodriguez. (Arulanantham, Ahilan) (Entered: 03/13/2008)

March 13, 2008

March 13, 2008

PACER
33

ORDER by Judge Terry J. Hatter Jr, that the Respondents' motion to dismiss 26, the motion for class certification 10 and the ex parte application for a stay 30 be, and hereby are, Denied. (lom) (Entered: 03/21/2008)

March 19, 2008

March 19, 2008

PACER
34

(In Chambers) Order and Notice to All Parties by Judge Terry J. Hatter Jr, re 224 13 . Counsel are hereby notified that the reference of this matter to the Magistrate Judge Block pursuant to General Order 194 is hereby VACATED.The case number will now read CV 07-3239-TJH(RNBx). In the future, it is mperative that the initials TJH(RNBx) be used on all documents to prevent any delays in the processing of documents. (lom) (Entered: 04/09/2008)

April 7, 2008

April 7, 2008

PACER
35

NOTICE of Change of Address by Ahilan T Arulanantham attorney for Petitioner Alejandro Rodriguez, changing address to 1313 West Eighth Street, Los Angeles, CA 90017. Filed by counsel of record Ahilan T. Arulanantham (Arulanantham, Ahilan) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
36

ORDER from 9th CCA filed, CCA # 08-80055. The court, in its discretion, grants the petition for permission to appeal the district court's 3/19/08 order denying class action certification. Within 10 days of this order, petitioner shall perfect the appeal in accordance with Federal Rule of Appelate Procedure 5(d). Order received in this district on 7/17/08. (car) (Entered: 07/18/2008)

July 17, 2008

July 17, 2008

PACER
38

9th Assigned case number 08-56156 filed by Petitioner Alejandro Rodriguez. re 9th CCA Appeal 36 (lr) (Entered: 07/21/2008)

July 17, 2008

July 17, 2008

PACER
37

NOTICE of Appellant Filing Fees filed as to Petitioner Alejandro Rodgriguez. Receipt number: 109527, Paid in the amount of $455.00. filed by Petitioner Alejandro Rodriguez. 9th CCA 08-80055. (lr) (Entered: 07/18/2008)

July 18, 2008

July 18, 2008

PACER
45

ORDER from 9th CCA filed, CCA # 08-56156. The parties' joint motion to amend the briefing schedule is construed as a motion to expedite. So construed, the motion is granted in part. The opening brief is due September 12, 2008; the answering breif is due October 20, 2008; and the optional reply brief is due 14 days after service of the answering brief. The provisions on Ninth Circuit Rule 31-2-2(a) shall not be applicable to this case; any Rule 31-2.2(a) request is strongly disfavored. The case shall be calendar is due course. cf 9th Cir. R. 27-12. Order received in this district on 11/02/09. (lr) (Entered: 11/05/2009)

Sept. 10, 2008

Sept. 10, 2008

PACER
46

ORDER from 9th CCA filed, CCA # 08-56156. Appellant's request for judicial notice, any response, and any further such request shall be referred to the merits panel for whatever treatment the panel deems appropriate. The briefing schedule is unchanged. Order received in this district on 11/02/09. (lr) (Entered: 11/05/2009)

Sept. 18, 2008

Sept. 18, 2008

PACER
39

MINUTES OF IN CHAMBERS ORDER by Judge Terry J. Hatter, Jr: Counsel are hereby notified that a status report must be filed with this court no later than 10/22/08 as to the status of this case. IT IS SO ORDERED. (mmu) (Entered: 09/22/2008)

Sept. 22, 2008

Sept. 22, 2008

PACER
40

STATUS REPORT (Joint) filed by Petitioner Alejandro Rodriguez. (Arulanantham, Ahilan) (Entered: 10/22/2008)

Oct. 22, 2008

Oct. 22, 2008

PACER
41

ORDER from 9th CCA filed, CCA # 08-56156. is Appellant's motion for an extensionof time to file the reply brief is granted. The reply brief is due November 13, 2008. Court records do not currently reflect that the district court has issued the certificate of record. Appellant shall monitor the issuance of the certificate. This case shall be calendared in due course. (dmap) (Entered: 11/07/2008)

Nov. 6, 2008

Nov. 6, 2008

PACER
42

NOTICE of Change of Attorney Information for attorney Ahilan T Arulanantham counsel for Petitioner Alejandro Rodriguez.Ranjana Natarajan is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff Alejandro Rodriguez (Arulanantham, Ahilan) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
43

Certificate of Record filed by petitioner Alejandro Rodriguez. (dmap) (Entered: 11/14/2008)

Nov. 14, 2008

Nov. 14, 2008

PACER
44

RECORD ON APPEAL sent to Circuit Court re: Appeal number, 08-56156 Record consists of 2 volumes. re 9th CCA Order perfect the appeal 36 (lr) (Entered: 04/20/2009)

April 17, 2009

April 17, 2009

PACER
47

ORDER from 9th CCA filed, CCA # 08-56156. We deny Petitioner Alejandro Rodriguez's Request for Judicial Notice as moot. DENIED. Order received in this district on 11/02/09. (lr) (Entered: 11/05/2009)

Aug. 20, 2009

Aug. 20, 2009

PACER
48

ORDER from 9th CCA filed, CCA # 08-56156. re 9th CCA Order 36 Respondents' motion for an extension of time to file a petition for rehearing is GRANTED to and including November 4, 2009. Counsel is reminded that a timely filing requires receipt by the Clerk's office on or before the due date. Order received in this district on 11/02/09. (lr) Modified on 11/5/2009 (lr). (Entered: 11/05/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
49

ORDER from 9th CCA filed, CCA # 08-56156. re 9th CCA Order 36 Appellees' second request for extension to file a petition for panel rehearing and en banc rehearing is granted to and including November 13, 2009. The parties are reminded that a timely filing requires that the document be received by the Clerk's office on or before the due date. Order received in this district on 10/30/09. (lr) Modified on 11/5/2009 (lr). (Entered: 11/05/2009)

Oct. 30, 2009

Oct. 30, 2009

PACER
50

MINUTES OF IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES (NON-MOTION) by Judge Terry J. Hatter, Jr. Counsel are hereby notified that the above entitled matter is set on the court's calendar for status conference re the 9th CCA Order and Amended Opinion, Appeal No. 08-56156, reversed and remanded to this court in regard to class certification, on January 25, 2010 at 10:00 a.m. (lom) (Entered: 01/11/2010)

Jan. 8, 2010

Jan. 8, 2010

RECAP
51

MANDATE of 9th CCA filed re: Minutes of In Chambers Order, 50, CCA # 08-56156. The decision of the district court is reversed and remanded. Mandate received in this district on 1/12/10. (dmap) Modified on 1/13/2010 (lom). (Entered: 01/13/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
52

MINUTES OF IN CHAMBERS - NOTICE TO ALL PARTIES OF COURT ORDER by Judge Terry J. Hatter, Jr. On the Court's own motion, the Status Conference hearing date, currently scheduled for January 25, 2010, is hereby ordered continued to February 1, 2010 at 10:00 A.M. (lom) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

PACER
53

MINUTES OF STATUS CONFERENCE Re Mandate of the 9th Circuit Court ofAppeal's Order and Amended Opinion; (Appeal No. 08-56156) held before Judge Terry J. Hatter, Jr. Parties agreed to work on a sub-class issue. The Court sets a Motion to Certify Class and Motion for Discovery Hearings at March 15, 2010 at 10:00 a.m.Court Recorder: CS 2/1/10. (lom) (Entered: 02/03/2010)

Feb. 1, 2010

Feb. 1, 2010

PACER
54

NOTICE OF MOTION AND MOTION for Discovery regarding Sub-Classes filed by Petitioner Alejandro Rodriguez. Motion set for hearing on 3/15/2010 at 10:00 AM before Judge Terry J. Hatter Jr. (Tran, William) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
55

NOTICE of Appearance filed by attorney Gjon Juncaj on behalf of Respondents Lee Baca, Michael Chertoff, Alberto Gonzales, James Hayes, Sammy Jones, George Molinar, Paul Walters (Juncaj, Gjon) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
56

STIPULATION to Continue Hearing from 3/15/10 at 10am to 3/22/10 at 10am filed by Petitioners Alejandro Rodriguez. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 02/26/2010)

1 Proposed Order

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Feb. 26, 2010

Feb. 26, 2010

PACER
57

STATUS REPORT re: automatic Respondent substitution pursuant to Fed. R. Civ. P. 25(d) filed by Respondents Lee Baca, Michael Chertoff, Alberto Gonzales, James Hayes, Sammy Jones, George Molinar, Paul Walters. (Juncaj, Gjon) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
58

AMENDED DOCUMENT filed by Petitioner Alejandro Rodriguez. Amendment to Stipulation to Continue 56 (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 03/02/2010)

1 Proposed Order

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March 2, 2010

March 2, 2010

RECAP
59

APPEAL RECORD RETURNED from 9th CCA Received: Volume(s): 1 through 2; RE: Appeal Record Sent to USCA (A-26) 44 (cbr) (Entered: 03/05/2010)

March 4, 2010

March 4, 2010

PACER
60

ORDER Granting Stipulation re 56 by Judge Terry J. Hatter, Jr. It is hereby ORDERED that the March 15, 2010 motion to certify class and motion for discovery hearing at 10:00 a.m. be continued to March 22, 2010 at 10:00 a.m. (lom) (Entered: 03/08/2010)

March 4, 2010

March 4, 2010

PACER
61

OPPOSITION to MOTION for Discovery regarding Sub-Classes 54 filed by Respondents Lee Baca, Michael Chertoff, Alberto Gonzales, James Hayes, Sammy Jones, George Molinar, Paul Walters. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Juncaj, Gjon) (Entered: 03/09/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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March 8, 2010

March 8, 2010

PACER
62

MINUTES (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS CASESHOULD NOT BE DISMISSED AS TO CERTAIN DEFENDANTS FORLACK OF PROSECUTION by Judge Terry J. Hatter, Jr. The file in this case lacks the papers that would show it is being timely prosecuted, as reflected below. Accordingly, the Court, on its own motion, hereby orders plaintiff(s) to show cause in writing no later than March 16, 2010, why this action should not be dismissed as to any unserved defendants for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will accept one of the following, if it is filed on or before the above date, as evidence that the matter is being prosecuted diligently: Proof of service of the Summons and Complaint on the following defendants: Lee Baca, Sheriff of Los Angeles County; Sammy Jones, Chief of the Custody Operations Division of the Los Angeles County Sheriff's Department; and Paul Walters, Chief of Police for the City of Santa Ana A hearing on this Order to Show cause is set for March 22, 2010, at 10:00 a.m. absent a satisfactory response by Plaintiff/s to this Court's order. (lom) (Entered: 03/10/2010)

March 9, 2010

March 9, 2010

PACER
63

TRANSCRIPT for proceedings held on 2-1-10 10:39 a.m.. Court Reporter/Electronic Court Recorder: Babykin Courthouse Services, phone number (626) 963-0566. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/5/2010. Redacted Transcript Deadline set for 4/15/2010. Release of Transcript Restriction set for 6/13/2010. (ha) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
64

NOTICE OF FILING TRANSCRIPT filed for proceedings 2-1-10 10:39 a.m. (ha) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
65

REPLY in support of MOTION for Discovery regarding Sub-Classes 54 filed by Petitioner Alejandro Rodriguez. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18)(Tran, William) (Entered: 03/15/2010)

1 Exhibit 16

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2 Exhibit 17

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3 Exhibit 18

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March 15, 2010

March 15, 2010

PACER
66

RESPONSE filed by Petitioner Alejandro Rodriguezto Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings,,,,,,,, 62 (Attachments: # 1 Exhibit)(Arulanantham, Ahilan) (Entered: 03/16/2010)

1 Exhibit

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March 16, 2010

March 16, 2010

PACER
67

MINUTES OF STATUS CONFERENCE RE CLASS CERTIFICATION, DISCOVERY and ORDER TO SHOW CAUSE RE LACK OF PROSECUTION (Non-Evidentiary; Held and Completed) before Judge Terry J. Hatter, Jr. Petitioner shall submit a proposed Order Re Class Certification for the Court's consideration. The parties are to meet and confer regarding the submission of a stipulated proposed Protective Order. Subject to a stipulated Protective Order, Government shall provide Petitioners with a list of names and "A" numbers, as stated on the record, within seven (7) court days. Petitioner shall therefrom compile a representative number of claimants. Court Recorder: CS 3/22/10. (lom) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
68

NOTICE OF LODGING filed re Status Conference,, 67, MOTION to Certify Class 10 (Attachments: # 1 Proposed Order)(Tran, William) (Entered: 03/26/2010)

1 Proposed Order

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March 26, 2010

March 26, 2010

PACER
69

to class certification and proposed class certification order opposition re: MOTION to Certify Class 10 and lodged proposed class certification order filed by Respondents Lee Baca, Michael Chertoff, Alberto Gonzales, James Hayes, Sammy Jones, George Molinar, Paul Walters. (Juncaj, Gjon) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
70

STATUS REPORT re Representation of City/Count Respondents filed by Respondents Lee Baca, Michael Chertoff, Alberto Gonzales, James Hayes, Sammy Jones, George Molinar, Paul Walters. (Juncaj, Gjon) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
71

TRANSCRIPT for proceedings held on 3/22/10 10:12am. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/19/2010. Redacted Transcript Deadline set for 4/29/2010. Release of Transcript Restriction set for 6/27/2010. (Lopez, Margarita) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
72

NOTICE OF FILING TRANSCRIPT filed for proceedings 3/22/10 10:12am (Lopez, Margarita) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
73

NOTICE OF LODGING filed re Status Conference,, 67 (Attachments: # 1 Proposed Order Proposed Stipulated Protective Order, # 2 Exhibit)(Arulanantham, Ahilan) (Entered: 03/30/2010)

1 Proposed Order Proposed Stipulated Protective Order

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2 Exhibit

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March 30, 2010

March 30, 2010

PACER
74

RESPONSE filed by Respondents Lee Baca, Michael Chertoff, Alberto Gonzales, James Hayes, Sammy Jones, George Molinar, Paul Waltersto Status Report 70, Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings,,,,,,,, 62, Response (non-motion) 66 (Juncaj, Gjon) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER
75

RESPONSE filed by Petitioner Alejandro Rodriguezto Objection/Opposition (Motion related), Objection/Opposition (Motion related) 69 re: Proposed Order Certifying Class (Tran, William) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

PACER
76

ORDER by Judge Terry J. Hatter, Jr. The Court has considered the responses to the Court's Order to Show Cause 62 regarding dismissal for Petitioners' failure to serve Defendants Lee Baca, Sammy Jones, and Paul Walters. It is Ordered that Defendants Lee Baca, Sammy Jones, and Paul Walters be, and hereby are, Dismissed. (lom) (Entered: 04/12/2010)

April 5, 2010

April 5, 2010

PACER
77

Class Certification Order re 10 by Judge Terry J. Hatter, Jr. It is Ordered that the Petitioner Class be, and hereby is, Certified. It is further Ordered that the Class Representative shall be Alejandro Rodriguez. It is further Ordered that the Class's Counsel shall be Peter J Eliasberg, Ahilan T Arulanantham, Cecillia D Wang, Jayashri Srikantiah, Judy Rabinovitz, Monica M Ramirez, Ranjana Nataranjan, Steven A. Ellis, William Tran, and Brian K. Washington. It is further Ordered that the Class shall consist of all non-citizens within the Central District of California who: (1) are or were detained for longer than six months pursuant to one of the general immigration detention statutes pending completion of removal proceedings, including judicial review, (2) are not and have not been detained pursuant to a national security detention statute, and (3) have not been afforded a hearing to determine whether their detention is justified. (lom) (Entered: 04/13/2010)

April 5, 2010

April 5, 2010

PACER
78

STIPULATED PROTECTIVE ORDER CONCERNING ROSTER OF DETAINEES by Judge Terry J. Hatter, Jr. (See attached Stipulated Protective Order for further infromation). (jp) (Entered: 04/21/2010)

April 19, 2010

April 19, 2010

RECAP
79

MINUTES (IN CHAMBERS) ORDER REGARDING DISCOVERY AND SETTING FINAL PRETRIAL CONFERENCE by Judge Terry J. Hatter, Jr. In light of the Stipulated Protective Order granted on 4-19-10, Petitioner's Motion for Discovery Related to Sub-Classes (filed 02-08-10) 54 is DENIED as MOOT, with leave to renew, if necessary. It is Ordered that all discovery matters which become at issue are referred to Magistrate Judge Robert N. Block for his consideration. Please contact the courtroom deputy clerk to the Magistrate Judge regarding these matters. It is Ordered, pursuant to Rule 16 of the Federal Rules of Civil Procedures and Local Rule 16, that the Final Pre-Trial Conference is placed on the Court's calendar for October 18, 2010, at 10:00 a.m., in Courtroom No. 17 in the U. S. Courthouse on Spring Street. Unless excused for good cause, each party appearing in this action shall be represented by the attorney who is to have charge of conducting the trial. It is further Ordered that any application or stipulation to continue the Final Pre-Trial Conference shall be lodged with the court no later than one week prior to the Conference date, and shall state the reason for seeking the continuance. (Refer to attached document for further requirements.) (lom) (Entered: 04/22/2010)

April 21, 2010

April 21, 2010

PACER
80

NOTICE of Appearance (Atkinson, Theodore) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
81

STIPULATION for Extension of Time to File Joint Report Pursuant to Rule 26(f) filed by Respondents Michael Chertoff, Alberto Gonzales, James Hayes, George Molinar. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 07/07/2010)

1 Proposed Order

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July 7, 2010

July 7, 2010

PACER
82

JOINT REPORT of CONFERENCE OF PARTIES PURSUANT TO FED. R. CIV. P. 26(F), LOCAL RULE 26-1, AND COURT ORDER filed by Petitioner Alejandro Rodriguez. (Tran, William) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
83

NOTICE OF MOTION AND MOTION to Amend Amended Petition for Writ of Habeas Corpus, 4 filed by Plaintiffs Alejandro Rodriguez. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 09/07/2010)

1 Proposed Order

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Sept. 7, 2010

Sept. 7, 2010

PACER
84

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Terry J. Hatter, Jr., ORDERING Second Amended Complaint and Amended Notice of Interested Parties submitted by Petitioners received on 9/7/2010 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp) (Entered: 09/09/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
85

SECOND AMENDED COMPLAINT against Defendants Eric Holder, Janet Napolitano, Thomas G. Snow, Timothy Robbins, Wesley Lee, Rodney Penner, Sandra Hutchens, Officer Nguyen, Captain Davis Nighswonger, Captain Mike Kreuger, Arthur Edwards, and Russell Davis; Party George Molinar terminated; amending First Amended Petition for Writ of Habeas Corpus 4 ; filed by Petitioners Alejandro Rodriguez, Abdirizak Aden Farah, Yussuf Abdikadir, Abel Perez Ruelas, Jose Farias Cornejo, and Angel Armando Amaya. (gk) (Entered: 09/09/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
86

AMENDED NOTICE of Interested Parties filed by Petitioners Alejandro Rodriguez, Abdirizak Aden Farah, Yussuf Abdikadir, Abel Perez Ruelas, Jose Farias Cornejo, and Angel Armando Amaya. (gk) (Entered: 09/09/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
87

NOTICE OF ERRATA filed by Petitioners Yussuf Abdikadir, Angel Armando Amaya, Jose Farias Cornejo, Abdirizak Aden Farah, Alejandro Rodriguez, Abel Perez Ruelas. correcting Amended Complaint, 85 (Attachments: # 1 Corrected Second Amended Complaint)(Arulanantham, Ahilan) (Entered: 09/10/2010)

1 Corrected Second Amended Complaint

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Sept. 10, 2010

Sept. 10, 2010

PACER
88

NOTICE of Change of Attorney Information for attorney Judy Rabinovitz counsel for Petitioner Alejandro Rodriguez.Monica M Ramirez is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by plaintiff ACLU Immigrants Rights Project (Rabinovitz, Judy) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
89

ORDER from 9th CCA filed, CCA # 08-56156. The motion of Michael Tan, Esq., for exemption form Ninth Circuit Rule 46-5 is granted. Order received in this district on 9/17/2010. (dmap) (Entered: 09/22/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
90

NOTICE OF MOTION AND Joint MOTION for Enlargement of Time to File Motion to Enlarge filed by Appellee-Respondent Lee Baca, Russell Davis, Arthur Edwards, Eric Holder, Sandra Hutchens, Sammy Jones, Mike Kreuger, Wesley Lee, George Molinar, Janet Napolitano, Nguyen, Davis Nighswonger, Rodney Penner, Timothy Robbins, Thomas G Snow, Paul Walters. Motion set for hearing on 10/18/2010 at 01:30 PM before Judge Terry J. Hatter Jr. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 09/27/2010)

1 Proposed Order

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Sept. 27, 2010

Sept. 27, 2010

PACER
91

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint MOTION for Enlargement of Time to File Motion to Enlarge 90 . The following error(s) was found: Incorrect document is attached to the docket entry.Incorrect event selected. The correct event is: Stipulation. In response to this notice the court orders the document stricken. Refile and select the correct event. (sce) (Entered: 09/30/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
92

FIRST STIPULATION Extending Time to Answer the complaint as to Lee Baca answer now due 10/1/2010; Russell Davis answer now due 10/1/2010; Arthur Edwards answer now due 10/1/2010; Eric Holder answer now due 10/1/2010; Sandra Hutchens answer now due 10/1/2010; Mike Kreuger answer now due 10/1/2010; Wesley Lee answer now due 10/1/2010; Nguyen answer now due 10/1/2010; Davis Nighswonger answer now due 10/1/2010; Rodney Penner answer now due 10/1/2010; Timothy Robbins answer now due 10/1/2010; Thomas G Snow answer now due 10/1/2010; Paul Walters answer now due 10/1/2010, filed by Respondents Russell Davis; Arthur Edwards; Eric Holder; Sandra Hutchens; Mike Kreuger; Wesley Lee; Janet Napolitano; Nguyen; Davis Nighswonger; Rodney Penner; Timothy Robbins; Thomas G Snow. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 09/30/2010)

1 Proposed Order

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Sept. 30, 2010

Sept. 30, 2010

PACER
93

ORDER by Judge Terry J. Hatter, Jr, re Joint Stipulation to Enlarge the date for Respondents to file their Answer to the Second Amended Complaint 92, which was filed 9/7/2010. For the reasons stated in the parties' Joint Stipulation, good cause is shown, and the enlargement is GRANTED, that Respondents shall file their Answer to the Second Amended Complaint on or before 10/1/2010. (jp) (Entered: 10/01/2010)

Sept. 30, 2010

Sept. 30, 2010

PACER
94

ANSWER to Amended Complaint, 85 (Answer to Corrected Second Amended Complaint) filed by Respondents Russell Davis, Arthur Edwards, Eric Holder, Sandra Hutchens, Mike Kreuger, Wesley Lee, Janet Napolitano, Nguyen, Davis Nighswonger, Rodney Penner, Timothy Robbins, Thomas G Snow.(Atkinson, Theodore) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
95

NOTICE OF ERRATA filed by Petitioners Yussuf Abdikadir, Angel Armando Amaya, Jose Farias Cornejo, Abdirizak Aden Farah, Alejandro Rodriguez, Abel Perez Ruelas. correcting Errata, 87 Corrected Second Amended Complaint (Attachments: # 1 Second Corrected Second Amended Complaint)(Arulanantham, Ahilan) (Entered: 10/06/2010)

1 Second Corrected Second Amended Complaint

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Oct. 6, 2010

Oct. 6, 2010

PACER
96

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Errata re Corrected Second Amended Complaint filed 10/6/2010 95 . The following error(s) was found: Answer to the Corrected Second Amended Complaint filed 10/1/2010. The docket does not reflect an order allowing the filing of the attached Second Corrected Second Amended Complaint. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk) (Entered: 10/08/2010)

Oct. 7, 2010

Oct. 7, 2010

PACER
97

Joint STIPULATION to Continue Final Pre-Trial Conference filed by Petitioners Yussuf Abdikadir, Angel Armando Amaya, Jose Farias Cornejo, Abdirizak Aden Farah, Alejandro Rodriguez, Abel Perez Ruelas. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 10/12/2010)

1 Proposed Order

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Oct. 12, 2010

Oct. 12, 2010

PACER
98

EX PARTE APPLICATION to Stay pending Further Order (Temporary Stay of Discovery Pending Determination of Parties' Motions) filed by Respondents Russell Davis, Arthur Edwards, Eric Holder, Sandra Hutchens, Mike Kreuger, Wesley Lee, Janet Napolitano, Nguyen, Davis Nighswonger, Rodney Penner, Timothy Robbins, Thomas G Snow. (Attachments: # 1 Proposed Order)(Atkinson, Theodore) (Entered: 10/12/2010)

1 Proposed Order

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Oct. 12, 2010

Oct. 12, 2010

PACER
99

MINUTE ORDER IN CHAMBERS by Judge Terry J. Hatter, Jr: Status Conference is set for Monday, 10/18/2010, at 10:00 am. (kpa) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
104

ORDER CONTINUING FINAL PRETRIAL CONFERENCE by Judge Terry J. Hatter, Jr.: Upon Joint Stipulation 97, the conference scheduled for 10/18/2010 at 10 AM is taken off calendar, and a Status Conference is scheduled for 2/28/2011 10:00 AM before Judge Terry J. Hatter,Jr. (gk) (Entered: 10/20/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 16, 2007

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of all people who (1) are or will be detained for longer than six months pursuant to the general immigration detention statutes pending completion of removal proceedings, including judicial review, (2) are not detained pursuant to one of the national security detention statutes, and (3) have not been afforded a hearing to determine whether their prolonged detention is justified.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Goals (e.g., for hiring, admissions)

Preliminary relief granted

Reporting

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures