Case: Gayle v. Napolitano

3:12-cv-02806 | U.S. District Court for the District of New Jersey

Filed Date: May 10, 2012

Case Ongoing

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Case Summary

On May 10, 2012, a group of non-citizens detained in New Jersey immigrant detention facilities filed suit in the U.S. District Court for the District of New Jersey against the U.S. Department of Homeland Security and its component, U.S. Immigration and Customs Enforcement. Represented by the the ACLU’s Immigrant Rights Project, plaintiffs petitioned for a writ of habeas corpus, claiming that their continued detention despite strong claims against deportability was a violation of their Fifth Amendment right to due process, and a misapplication of the Immigration and Nationality Act (INA). Plaintiffs sought declaratory relief and injunctive relief, ordering defendants to demonstrate a prima facie case of deportability or inadmissibility as justification for mandatory detention.

Specifically, plaintiff Gayle claimed that his detention was a violation of the INA because he was arrested and detained by ICE five years after being released from state custody. The plaintiff claimed that this conflicted with the language of the INA, which required detention of an non-citizen "when the alien is released" from state custody due to a criminal offense.

On November 15, 2012, the plaintiffs filed a motion to certify their class. The class was described as "[a]ll individuals in New Jersey who are and will be detained pursuant to the Immigration and Nationality Act (8 U.S.C. 1226(c))."

Subsequent to plaintiffs' motion for class certification, several of their individual claims were dismissed as moot. On March 15, 2013, the District Court (Judge Freda L. Wolfson) issued an order granting plaintiff Gayle a writ of habeas corpus, mooting his claim. 2013 WL 1090993. Another plaintiff’s application for adjustment of status was granted by an Immigration Judge on April 30, 2013, and they were released by DHS on May 8, 2013, which mooted that plaintiff’s claim, too.

On May 13, 2013, Judge Wolfson dismissed plaintiffs' motion for class certification without prejudice. Judge Wolfson also requested additional briefing regarding a third plaintiff's individual claim and several months later, on August, 23, 2013, Judge Wolfson granted that third plaintiff’s writ of habeas corpus, too. 2013 WL 4510004.

The plaintiffs filed an amended complaint on May 17, 2013, which also sought class certification. They subsequently filed another amended complaint on August 5, 2013. On March 14, 2014, Judge Wolfson denied their motion. 4 F.Supp.3d 692. She explained that the proposed class was too broad because it included individuals who were not entitled to a hearing given to non-citizens who challenged whether they were “properly included” in the mandatory detention statute. According to Judge Wolfson, Demore v. KimI 538 U.S. 510 (2003) held that Joseph hearings were only available to non-citizens challenging whether they fell within § 1226(c) of the INA. Under that reading, the Constitution permits detaining those that concede § 1226(c) applies to them and, therefore, the court granted in part the government's motion to dismiss to the extent plaintiffs sought to mandate a hearing for any detained non-citizen under § 1226(c) who had a “substantial challenge” to their removal based upon only discretionary relief.

In that same order, the court ruled against the government's argument that 8 U.S.C. § 1252(f)(1) precluded claim-wide injunctive relief related to federal immigration statutes. Instead, Judge Wolfson agreed with plaintiffs 1252(f)(1) only precluded class-wide injunctive relief intended to enjoin the operation of detention facilities. Here, plaintiffs merely challenged the constitutionality of the procedures afforded at detention facilities.

On January 28, 2015, after both parties filed for summary judgment, the court ruled on the adequacy of the hearing procedures and ruled on plaintiffs motion for class certification, too. 81 F.Supp.3d 371. On the merits, the court held that (1) the form giving non-citizens notice of their right to seek a hearing did not provide constitutionally adequate notice; (2) that the hearing procedures violated due process because they did not place the initial burden on the government; and (3) that due process did not require a contemporaneous recording of a hearing. On this last point, the court concluded that the lack of a contemporaneous verbatim transcript did not create a high enough risk of mistaken detention to violate the Constitution. As for remedies, the court enjoined the government to revise its notice and bear the initial burden—using a probable cause standard—in hearings for non-citizens.

In the same opinion, the court also denied plaintiff's motion for class certification because it "determined the merits of Named Plaintiffs' claims." According to the court, class certification no longer served a purpose. That is, because the court concluded that it had already granted all the class-wide relief a potential class would have been entitled to, class certification was no longer "necessary."

The plaintiffs appealed the class certification decision to the Third Circuit, which vacated the district court’s decision on September 22, 2016. 838 F.3d 297. The Third Circuit concluded that the district court did not have jurisdiction to rule on the merits since the individual claims were moot. The district court did have jurisdiction, however, to rule on class certification, but by relying on her unauthorized merits decision and what was "necessary" based on that decision, the district court had erred in performing the necessary analysis. The Third Circuit remanded the case for consideration of plaintiffs' motion for class certification. Finally, the Third Circuit noted that the plaintiffs had standing to assert class-wide claims because they moved for class certification before their individual claims were mooted, in line with the holding of U.S. Parole Comm'n v. Geraghty, 445 U.S. 388 (1980).

On remand, Judge Wolfson certified the plaintiffs’ class on November 15, 2017. 2017 WL 5479701. The approved class consisted of granting the follow class definition:

"The right of all persons within the District of New Jersey, now and in the future, who are mandatorily detained pursuant to 8 U.S.C. § 1226(c) to obtain a bond hearing on the basis of a substantial claim to relief that would prevent the entry of a removal order, which includes challenging the constitutionality of the hearing process, namely, the allocation of the burden of proof and the contemporaneous recording of the hearing."

On September 3, 2019, the court returned to the merits of the case when it ruled on cross-motions for summary judgment. 2019 WL 4165310. Judge Wolfson largely reiterated her findings from her January 28, 2015 decision and ordered to satisfy its burden by convincing immigration judges that “there is probable cause to find that a detained [non-citizen] under § 1226(c) falls under the mandatory detention requirements under that statute.”

Both parties initially appealed, but defendants dismissed their case before the Third Circuit ruled. On September 3, 2021, the Third Circuit affirmed in part and reversed in part Judge Wolfson's decision. 12 F.4th 321. The Third Circuit upheld the district court's holding as to: (1) the constitutionality of refusing hearings to noncitizens based on qualifying under § 1226 despite possessing substantial defenses to removal, and (2) that the government bore the initial burden of proof in hearings. It did, however, reverse the following holdings: (1) the Constitution did not require a contemporaneous verbatim record of the proceeding, and (2) the district court lacked jurisdiction under the statute to issue any class-wide injunctive relief. As to contemporaneous records, the Third Circuit limited its holding to requiring record "of sufficient completeness to facilitate judicial review" of proceedings. And as to its reversal on injunctive relief, the effect of the Third Circuit's holding was that the district court's injunction requiring the government to meet a probable cause burden in proceedings was reversed. Under 8 U.S.C. § 1252(f)(1), the courts are limited to granting declaratory relief.

This case remains ongoing.

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Summary Authors

Dan Osher (3/24/2013)

Jordan Katz (12/2/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5811509/parties/gayle-v-elwood/

Judge(s)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Barocas, Edward (New Jersey)

Attorney for Defendant

Bowen, Jennifer A. (District of Columbia)

Expert/Monitor/Master/Other

BOBER, DAVID VINCENT (New Jersey)

HENNES, STEFANIE NOTARINO (New Jersey)

Judge(s)

Wolfson, Freda L. (New Jersey)

Attorney for Plaintiff

Arulanantham, Ahilan T (California)

Barocas, Edward (New Jersey)

Ladin, Dror (New York)

LoCicero, Jeanne (New Jersey)

Lustberg, Lawrence S. (New Jersey)

Manes, Jonathan Matthew (New Jersey)

Rabinovitz, Judy (New York)

Shalom, Alexander (New Jersey)

Tan, Michael K. T. (New York)

Yaster, Benjamin (New Jersey)

Attorney for Defendant

Bowen, Jennifer A. (District of Columbia)

O'Malley, Peter G. (New Jersey)

Expert/Monitor/Master/Other

BOBER, DAVID VINCENT (New Jersey)

HENNES, STEFANIE NOTARINO (New Jersey)

KUHN, CRAIG WILLIAM (New Jersey)

SAMPAT, DHRUMAN YOGESH (New Jersey)

STEVENS, ELIZABETH J. (New Jersey)

WESTWATER, GISELA A. (New Jersey)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:12-cv-02806	Docket [PACER] Gayle v. Elwood	Sept. 3, 2021	Sept. 3, 2021 Docket
13-1 3:12-cv-02806	Brief in Support of Motion for Class Action Certification	Nov. 15, 2012	Nov. 15, 2012 Pleading / Motion / Brief
12 3:12-cv-02806	Amended Complaint for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief	Nov. 15, 2012	Nov. 15, 2012 Complaint
33 3:12-cv-02806	Opinion	March 15, 2013	March 15, 2013 Order/Opinion 2013 WL 1090993
50 3:12-cv-02806	Order	May 13, 2013	May 13, 2013 Order/Opinion
80 3:12-cv-02806	Opinion Francois v. Napolitano	Aug. 23, 2013	Aug. 23, 2013 Order/Opinion 2013 WL 4510004
94 3:12-cv-02806	Opinion Gayle v. Johnson	March 14, 2014	March 14, 2014 Order/Opinion 4 F.Supp.3d 692
111 3:12-cv-02806	Opinion Gayle v. Johnson	Jan. 28, 2015	Jan. 28, 2015 Order/Opinion 81 F.Supp.3d 371
132 3:12-cv-02806	Opinion Gayle v. Warden Monmouth County Correctional Institution	Nov. 15, 2017	Nov. 15, 2017 Order/Opinion 2017 WL 5479701
150 3:12-cv-02806	Opinion Gayle v. Warden Monmouth County	Sept. 3, 2019	Sept. 3, 2019 Order/Opinion 2019 WL 4165310

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Resources

Title	Description		External URL Date / External URL
Gayle v. Napolitano ACLU	Gayle v. Napolitano is a class action lawsuit filed on behalf of hundreds of immigrants in New Jersey subject to mandatory immigration detention. The lawsuit challenges the federal government's polic…	January 8, 2013	Jan. 8, 2013 https://www.aclu.org/...
Garfield Gayle, et al. v. Janet Napolitano, et al. ACLU New Jersey	In November of 2012, the ACLU of New Jersey and the national ACLU’s Immigrants’ Rights Project filed a class action lawsuit on behalf of individuals who are facing deportation and held in detention f…	Nov. 15, 2012	Nov. 15, 2012 https://web.archive.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5811509/gayle-v-elwood/

Last updated Oct. 17, 2025, 2:58 a.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus 2241 (Filing fee $ 5, Receipt number TRE021690.), filed by GARFIELD O. GAYLE. (Attachments: # 1 Civil Cover Sheet, # 2 Letter from The Legal Aid Society)(jjc) (Entered: 05/10/2012)	May 10, 2012	May 10, 2012
2	APPLICATION for Issuance of Order to Show Cause for by GARFIELD O. GAYLE. (Attachments: # 1 Text of Proposed Order)(jjc) (Entered: 05/10/2012)	May 10, 2012	May 10, 2012
3	Letter from Garfield O. Gayle requesting that an Order to Show Cause be issued. (mmh) (Entered: 09/05/2012)	Sept. 5, 2012	Sept. 5, 2012
4	ORDER that the Clerk of the Court shall serve copies of the Petition, this Order, and all other documents docketed in this matter upon Respondents by certified mail, return receipt requested; the Clerk shall forward a copy of the Petition and this Order to the Chief Civil Division, United States Attorney's Office; that, within 30 days after the date of entry of this Order, Respondents shall electronically file a full and complete answer to said Petition. Signed by Judge Freda L. Wolfson on 10/19/2012. (mmh) (Additional attachment(s) added on 10/19/2012: # 1 Certified Mail Receipts) (mmh). (Entered: 10/19/2012) 1 Certified Mail Receipts View on PACER	Oct. 19, 2012	Oct. 19, 2012
5	Certified Mail Receipt Returned re 4 Order to Answer; sent to BRIAN ELWOOD. (mmh) (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012
6	Certified Mail Receipt Returned re 4 Order to Answer, sent to MONMOUTH COUNTY CORRECTIONAL FACILITY. (mmh) (Entered: 10/22/2012)	Oct. 22, 2012	Oct. 22, 2012
7	Certified Mail Receipt Returned re 4 Order to Answer, sent to SCOTT A. WEBER. (mmh) (Entered: 10/24/2012)	Oct. 24, 2012	Oct. 24, 2012
10	Certified Mail Receipt Returned re 4 Order to Answer, sent to JOHN T. MORTON. (mmh) (Entered: 11/05/2012)	Nov. 5, 2012	Nov. 5, 2012
11	LETTER ORDER granting the Respondent's request for an extension of time to file an answer to the petition; time extended up to and including 12/4/2012. Signed by Judge Freda L. Wolfson on 11/5/2012. (mmh) (Entered: 11/07/2012)	Nov. 5, 2012	Nov. 5, 2012
8	Letter from Peter O'Malley, AUSA re 4 Order to Answer,,. (O'MALLEY, PETER) (Entered: 11/05/2012)	Nov. 5, 2012	Nov. 5, 2012
9	Certified Mail Receipt Returned re 4 Order to Answer, sent to ERIC HOLDER. (mmh) (Entered: 11/05/2012)	Nov. 5, 2012	Nov. 5, 2012
12	AMENDED COMPLAINT Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief against BRIAN ELWOOD, ERIC HOLDER, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, JOHN TSOUKARIS, CHRISTOPHER SHANAHAN, RAY SIMONSE, ROBERT BIGGOTT, JOSEPH TRABUCCO, ORLANDO RODRIGUEZ, ROY L. HENDRICKS, OSCAR AVILES, filed by GARFIELD O. GAYLE, NEVILLE SUKHU, SHELDON FRANCOIS.(LUSTBERG, LAWRENCE) (Entered: 11/15/2012)	Nov. 15, 2012	Nov. 15, 2012
13	MOTION to Certify Class by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Brief in Support of Motion for Class Certification, # 2 Declaration of Michael Tan, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Text of Proposed Order, # 10 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 11/15/2012)	Nov. 15, 2012	Nov. 15, 2012
14	CERTIFICATE OF SERVICE by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU re 13 MOTION to Certify Class (corrected) (LUSTBERG, LAWRENCE) (Entered: 11/15/2012)	Nov. 15, 2012	Nov. 15, 2012
	Set Deadlines as to 13 MOTION to Certify Class . Motion set for 12/17/2012 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)	Nov. 16, 2012	Nov. 16, 2012
15	Certified Mail Receipt Returned sent to Janet Napolitano in re 4 (eaj) (Entered: 11/19/2012)	Nov. 19, 2012	Nov. 19, 2012
16	ORDER to Answer. Signed by Judge Freda L. Wolfson on 11/20/2012. (mmh) (Entered: 11/21/2012)	Nov. 21, 2012	Nov. 21, 2012
17	NOTICE of Appearance by JENNIFER A. BOWEN on behalf of OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER (BOWEN, JENNIFER) (Entered: 11/26/2012)	Nov. 26, 2012	Nov. 26, 2012
18	Request for Summons to be Issued by NEVILLE SUKHU, GARFIELD O. GAYLE, SHELDON FRANCOIS as to OSCAR AVILES, ROBERT BIGGOTT, ROY L. HENDRICKS, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS. (LUSTBERG, LAWRENCE) (Entered: 11/26/2012)	Nov. 26, 2012	Nov. 26, 2012
19	NOTICE of Appearance by JONATHAN MATTHEW MANES on behalf of SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU (MANES, JONATHAN) (Entered: 12/03/2012)	Dec. 3, 2012	Dec. 3, 2012
20	RESPONSE to Petition for Writ of Habeas Corpus by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. (Attachments: # 1 Exhibit 1 - Charles Decl., # 2 Exhibit A - Notice to Appear, # 3 Exhibit B - Custody Determination, # 4 Exhibit C - Alien Address, # 5 Exhibit D - Creation of LPR, # 6 Exhibit E - Immigration Hearing, June 2012, # 7 Exhibit F - Immigration Hearing, Aug. 2012, # 8 Exhibit G - Immigration Hearing Oct. 2012, # 9 Exhibit H - IJ Order Oct. 2012, # 10 Exhibit I - Immigration Hearing, Jan. 2013)(BOWEN, JENNIFER) (Entered: 12/04/2012)	Dec. 4, 2012	Dec. 4, 2012
21	Response/ ANSWER to Amended Complaint and Request to Dismiss by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. (Attachments: # 1 Exhibit 1 - Boyd Decl., # 2 Exhibit A - Gayle NTA, # 3 Exhibit B - Gayle I-286, # 4 Exhibit C - Gayle - Alien Address, # 5 Exhibit D - Gayle - LPR Record, # 6 Exhibit E - Gayle - June 2012 Hearing, # 7 Exhibit F - Gayle - Aug. 2012 Hearing, # 8 Exhibit G - Gayle - Oct. 2012 Hearing, # 9 Exhibit H - Gayle - IJ Order, # 10 Exhibit I - Gayle - Jan. 2013 Hearing, # 11 Exhibit J - Francois - NTA, # 12 Exhibit K - Francois - I-286, # 13 Exhibit L - Francois - Alien Address, # 14 Exhibit M - Francois - Oct. 2012 Hearing, # 15 Exhibit N - Francois - Dec. 2012 Hearing, # 16 Exhibit N-1 - Francois - Jan. 2013 Hearing, # 17 Exhibit O - Sukhu - NTA, # 18 Exhibit P - Sukhu - I-286, # 19 Exhibit Q - Sukhu - Alien Address, # 20 Exhibit R - Sukhu - Nov. 2011 Hearing, # 21 Exhibit S - Sukhu - Jan. 2012 Hearing, # 22 Exhibit T - Sukhu - March 2012 Hearing, # 23 Exhibit U - Sukhu - ICE Submission of Evidence, # 24 Exhibit V - Sukhu - Form I-261, # 25 Exhibit W - Sukhu - I-130 Petition, # 26 Exhibit X - Suhku - April 2012 Hearing, # 27 Exhibit Y - Sukhu - I-797, # 28 Exhibit Z - Sukhu - July 2012 Hearing, # 29 Exhibit AA - Sukhu - Oct. 2012 Hearing, # 30 Exhibit BB- Sukhu - ICE Prehearing Statement, # 31 Exhibit CC - Sukhu - Dec. 2012 Hearing, # 32 Exhibit DD - Suhku - Mar. 2013 Hearing)(BOWEN, JENNIFER) (Entered: 12/21/2012)	Dec. 21, 2012	Dec. 21, 2012
22	MEMORANDUM in Opposition filed by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER re 13 MOTION to Certify Class (BOWEN, JENNIFER) (Entered: 12/21/2012)	Dec. 21, 2012	Dec. 21, 2012
23	REPLY to Response re 20 Response to Habeas Petition,,,. (Attachments: # 1 Declaration of Molly Lauterback, # 2 Exhibit A - Notice to Appear dated Mar. 24, 2012, # 3 Exhibit B - Application for Cancellation of Removal filed Oct. 15, 2012, # 4 Exhibit C - Letter from UBJCA Local Union 157 dated July 16, 2012, # 5 Exhibit D - Affidavit of Martin Allen dated Oct. 9, 2012, # 6 Exhibit E - Letter from Martin Allen dated Aug. 8, 2012, # 7 Declaration of Garfield Gayle, # 8 Declaration of Antoinette Vanderveer, # 9 Declaration of Isha Gayle, # 10 Declaration of Niagerine Makanju, # 11 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/03/2013)	Jan. 3, 2013	Jan. 3, 2013
24	Letter from Lawrence S. Lustberg re 22 Memorandum in Opposition of Motion, 21 Answer to Amended Complaint,,,,,,. (LUSTBERG, LAWRENCE) (Entered: 01/03/2013)	Jan. 3, 2013	Jan. 3, 2013
25	LETTER ORDER granting Petitioners/Plaintiffs request for approval of a schedule for Petitioners/Plaintiffs to file reply briefs on two outstanding matters. Signed by Judge Freda L. Wolfson on 1/7/2013. (mmh) (Entered: 01/08/2013)	Jan. 7, 2013	Jan. 7, 2013
26	Consent MOTION for Leave to Appear Pro Hac Vice of Judy Rabinovitz by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Judy Rabinovitz, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)	Jan. 24, 2013	Jan. 24, 2013
27	Consent MOTION for Leave to Appear Pro Hac Vice of Michael Tan by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Michael K. T. Tan, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)	Jan. 24, 2013	Jan. 24, 2013
28	Consent MOTION for Leave to Appear Pro Hac Vice of Dror Ladin by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Dror Ladin, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)	Jan. 24, 2013	Jan. 24, 2013
29	Consent MOTION for Leave to Appear Pro Hac Vice of Ahilan T. Arulanantham by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Certification of Ahilan T. Arulanantham, # 2 Certification of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/24/2013)	Jan. 24, 2013	Jan. 24, 2013
30	REPLY BRIEF to Opposition to Motion filed by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU re 13 MOTION to Certify Class (Attachments: # 1 Declaration of Molly Lauterback, # 2 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/25/2013)	Jan. 25, 2013	Jan. 25, 2013
31	RESPONSE re 21 Answer to Amended Complaint,,,,,,. (Attachments: # 1 Declaration of Molly Lauterback, # 2 Exhibit A -Gayle Motion To Terminate, # 3 Exhibit B -Gayle Application for Cancellation of Removal, # 4 Exhibit C -Gayle Brief in Support of Cancellation of Removal, # 5 Exhibit D - Gayle Supplemental Brief in Support of Cancellation of Removal, # 6 Exhibit E - Francois Notice To Appear, # 7 Exhibit F - Francois Application for Cancellation of Removal, # 8 Exhibit G - Francois Application for Asylum and Withholding of Removal, # 9 Exhibit H - Letter from Crystal Souza, FOIA Specialist, # 10 Exhibit I - FOIA 12-129.mdb Excerpt, # 11 Exhibit J - FOIA 12-129.mdb Lookup Tables, # 12 Exhibit K - Fong Deposition Excerpts, # 13 Exhibit L - OIG Report Excerpts, # 14 Exhibit M - Markowitz Excerpts, # 15 Exhibit N - Administrative Office of U.S. Courts Table, # 16 Declaration of Sarah Gillman, # 17 Exhibit A - Sukhu Notice To Appear, # 18 Exhibit B - Sukhu Form I-261, # 19 Exhibit C - Sukhu Brief in Support of Motion To Terminate, # 20 Exhibit D - Sukhu Form I-130, # 21 Exhibit E - Sukhu Form I-485, # 22 Exhibit F - Sukhu Form I-601, # 23 Exhibit G -Sukhu Form I-130 Approval Notice, # 24 Declaration of Neville Sukhu, # 25 Declaration of Mathrani Sukhu, # 26 Declaration of Malisa Sukhu, # 27 Declaration of Sheldon Felix Francois, # 28 Declaration of Allister Francois, # 29 Declaration of Andrea Dormeus, # 30 Declaration of Garfield Gayle, # 31 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 01/25/2013)	Jan. 25, 2013	Jan. 25, 2013
	Set Deadlines as to 26 Consent MOTION for Leave to Appear Pro Hac Vice of Judy Rabinovitz. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)	Jan. 25, 2013	Jan. 25, 2013
	Set Deadlines as to 27 Consent MOTION for Leave to Appear Pro Hac Vice of Michael Tan. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)	Jan. 25, 2013	Jan. 25, 2013
	Set Deadlines as to 28 Consent MOTION for Leave to Appear Pro Hac Vice of Dror Ladin. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)	Jan. 25, 2013	Jan. 25, 2013
	Set Deadlines as to 29 Consent MOTION for Leave to Appear Pro Hac Vice of Ahilan T. Arulanantham. Motion set for 2/19/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)	Jan. 25, 2013	Jan. 25, 2013
32	Letter from Lawrence S. Lustberg requesting oral argument. (LUSTBERG, LAWRENCE) (Entered: 02/13/2013)	Feb. 13, 2013	Feb. 13, 2013
33	OPINION filed. Signed by Judge Freda L. Wolfson on 3/15/2013. (mmh)	March 15, 2013	March 15, 2013 RECAP
34	ORDER that Petitioner's Petition for Writ of Habeas Corpus is GRANTED; that an Immigration Judge provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226, within ten (10) days of the date of this Order. Signed by Judge Freda L. Wolfson on 3/15/2013. (mmh) (Entered: 03/15/2013)	March 15, 2013	March 15, 2013
35	Letter from Respondents re 34 Order,. (Attachments: # 1 Exhibit Order of Immigration Judge with Respect to Custody)(BOWEN, JENNIFER) (Entered: 03/25/2013)	March 25, 2013	March 25, 2013
36	Letter from Defendants re Set/Reset Motion and R&R Deadlines/Hearings. (BOWEN, JENNIFER) (Entered: 04/05/2013)	April 5, 2013	April 5, 2013
	Set Deadlines as to 13 MOTION to Certify Class . Motion set for ORAL ARGUMENT on 5/10/2013 10:00 AM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. (jg, )	April 5, 2013	April 5, 2013
	Set Deadlines as to 13 MOTION to Certify Class . Motion set for 5/10/2013 01:30 PM in Trenton - Courtroom 5E before Judge Freda L. Wolfson. (jg, )	April 8, 2013	April 8, 2013
37	ORDER granting 29 Motion for Leave to Appear Pro Hac Vice as to Ahilan T. Arulanantham. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)	May 6, 2013	May 6, 2013
38	ORDER granting 28 Motion for Leave to Appear Pro Hac Vice as to Dror Ladin. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)	May 6, 2013	May 6, 2013
39	ORDER granting 27 Motion for Leave to Appear Pro Hac Vice as to Michael Tan. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)	May 6, 2013	May 6, 2013
40	ORDER granting 26 Motion for Leave to Appear Pro Hac Vice as to Judy Rabinovitz. Signed by Magistrate Judge Douglas E. Arpert on 5/3/2013. (eaj) (Entered: 05/06/2013)	May 6, 2013	May 6, 2013
41	Notice of Request by Pro Hac Vice Judy Rabinovitz to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994818.) (MANES, JONATHAN) (Entered: 05/07/2013)	May 7, 2013	May 7, 2013
42	Notice of Request by Pro Hac Vice Ahilan T. Arulanantham to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994839.) (MANES, JONATHAN) (Entered: 05/07/2013)	May 7, 2013	May 7, 2013
43	Notice of Request by Pro Hac Vice Michael K.T. Tan to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994878.) (MANES, JONATHAN) (Entered: 05/07/2013)	May 7, 2013	May 7, 2013
44	Notice of Request by Pro Hac Vice Dror Ladin to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-4994885.) (MANES, JONATHAN) (Entered: 05/07/2013)	May 7, 2013	May 7, 2013
45	Letter from Defendants. (BOWEN, JENNIFER) (Entered: 05/07/2013)	May 7, 2013	May 7, 2013
46	Letter from Plaintiffs. (LUSTBERG, LAWRENCE) (Entered: 05/08/2013)	May 8, 2013	May 8, 2013
47	Letter from Defendants/Respondents re 12 Amended Complaint,. (Attachments: # 1 Declaration Re: Neville Sukhu's Release from ICE Detention, # 2 Certificate of Service)(BOWEN, JENNIFER) (Entered: 05/08/2013)	May 8, 2013	May 8, 2013
48	Letter from Plaintiffs re 46 Letter, 47 Letter. (LUSTBERG, LAWRENCE) (Entered: 05/09/2013)	May 9, 2013	May 9, 2013
49	Minute Entry for proceedings held before Judge Freda L. Wolfson: Motion Hearing held on 5/10/2013 re 13 MOTION to Certify Class filed by GARFIELD O. GAYLE, NEVILLE SUKHU, SHELDON FRANCOIS. Court Ordered Motion is Denied without prejudice. Hearing on application by defendant to dismiss the amended complaint. Court ordered application is denied with supplemental briefing to be submitted by plaintiff by 5-17-13, defendant by 5-31-13. Order to be filed. (Court Reporter/Recorder Vincent Russoniello.) (jg, ) (Entered: 05/13/2013)	May 10, 2013	May 10, 2013
50	ORDER that Plaintiff Gayle's and Plaintiff Sukhu's individual habeas claims are DISMISSED as moot; that Defendant's Motion to Dismiss the Amended Complaint is DENIED; that Plaintiffs' Motion to Certify Class is DENIED without prejudice pending an expanded record and/or discovery; that Plaintiffs are granted leave to file a Second Amended Complaint no later than May 17, 2013; that Plaintiff Francois shall submit supplemental briefing regarding his individual claim for habeas relief no later than May 17, 2013, with Defendants' response due no later than May 31, 2013. Signed by Judge Freda L. Wolfson on 5/13/2013. (mmh) (Entered: 05/13/2013)	May 13, 2013	May 13, 2013 RECAP
51	AMENDED COMPLAINT Second Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief against OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, filed by NEVILLE SUKHU, GARFIELD O. GAYLE, SHELDON FRANCOIS. (Attachments: # 1 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 05/17/2013)	May 17, 2013	May 17, 2013
52	BRIEF in Support of Petitioner Sheldon Francois's Individual Claims for Relief (Supplemental) (Attachments: # 1 Declaration of Pierce Suen, # 2 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 05/17/2013)	May 17, 2013	May 17, 2013
53	MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52) by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. Responses due by 6/17/2013 (Attachments: # 1 Brief, # 2 Certificate of Service)(BOWEN, JENNIFER) (Entered: 05/31/2013)	May 31, 2013	May 31, 2013
	Set Deadlines as to 53 MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52). Motion set for 7/1/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (jjc)	June 3, 2013	June 3, 2013
54	Transcript of MOTION HEARING held on 5/10/2013, before Judge FREDA L. WOLFSON. Court Reporter/Transcriber Vincent Russoniello (609-588-9516). NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 6/25/2013. Redacted Transcript Deadline set for 7/5/2013. Release of Transcript Restriction set for 9/3/2013. (mmh) (Entered: 06/04/2013)	June 4, 2013	June 4, 2013
	Magistrate Judge Douglas E. Arpert added to case at the request of Judge Wolfson's chambers. (dm )	June 5, 2013	June 5, 2013
55	Letter from Lawrence S. Lustberg regarding Plaintiffs' reply brief. (LUSTBERG, LAWRENCE) (Entered: 06/07/2013)	June 7, 2013	June 7, 2013
56	BRIEF in Opposition filed by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU re 53 MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52) Reply Brief in Support of Petitioner Sheldon Francois's Individual Claims for Relief (Attachments: # 1 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 06/07/2013)	June 7, 2013	June 7, 2013
57	Letter from Defendants. (BOWEN, JENNIFER) (Entered: 06/11/2013)	June 11, 2013	June 11, 2013
	Set/Reset Hearings: Telephone Status Conference set for 6/20/2013 09:30 AM before Magistrate Judge Douglas E. Arpert. It shall be Plaintiff's responsibility to set up and initiate the call. Kindly mark your calendar accordingly. (ce3)	June 11, 2013	June 11, 2013
58	LETTER ORDER that Defendants may file a brief in supprt of their motion to dismiss (d.e. 53 ) in response to Plaintiffs' opposition no later than 6/24/2013. Signed by Judge Freda L. Wolfson on 6/12/2013. (mmh) (Entered: 06/13/2013)	June 13, 2013	June 13, 2013
	Text Minute Entry for proceedings held before Magistrate Judge Douglas E. Arpert: Telephone Conference held on 6/20/2013. (ce3)	June 20, 2013	June 20, 2013
59	REPLY BRIEF to Opposition to Motion filed by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER re 53 MOTION to Dismiss Second Amended Complaint (ECF No. 51) and Response to Supplemental Memorandum (ECF No. 52) (Attachments: # 1 Certificate of Service)(BOWEN, JENNIFER) (Entered: 06/24/2013)	June 24, 2013	June 24, 2013
60	PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 8/27/2013 02:00 PM before Magistrate Judge Douglas E. Arpert. Fact Discovery due by 12/31/2013. Rule 26 Meeting Report due by 6/27/2013. Telephone Status Conference set for 10/28/2013 10:30 AM before Magistrate Judge Douglas E. Arpert. Telephone Status Conference set for 12/30/2013 10:00 AM before Magistrate Judge Douglas E. Arpert. Signed by Magistrate Judge Douglas E. Arpert on 6/27/2013. (mmh) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013
61	Consent MOTION for Leave to Appear Pro Hac Vice of Sarah Mehta by SHELDON FRANCOIS, GARFIELD O. GAYLE, NEVILLE SUKHU. (Attachments: # 1 Declaration of Sarah Mehta, # 2 Declaration of Lawrence S. Lustberg, # 3 Statement pursuant to Local Civil Rule 7.1, # 4 Text of Proposed Order, # 5 Certificate of Service)(MANES, JONATHAN) (Entered: 06/28/2013)	June 28, 2013	June 28, 2013
	Set Deadlines as to 61 Consent MOTION for Leave to Appear Pro Hac Vice of Sarah Mehta. Motion set for 8/5/2013 before Magistrate Judge Douglas E. Arpert. The motion will be decided on the papers. No appearances required unless notified by the court. (jjc)	July 1, 2013	July 1, 2013
62	ORDER granting 61 Motion for Leave to Appear Pro Hac Vice as to Sarah Mehta on behalf of Plaintiffs. Signed by Magistrate Judge Douglas E. Arpert on 7/12/2013. (jjc) (Entered: 07/12/2013)	July 12, 2013	July 12, 2013
63	Letter from Plaintiffs regarding Plaintiff Sheldon Francois's immigration proceedings. (LUSTBERG, LAWRENCE) (Entered: 07/15/2013)	July 15, 2013	July 15, 2013
64	NOTICE of Appearance by BENJAMIN YASTER on behalf of SHELDON FRANCOIS, NEVILLE SUKHU, GARFIELD O. GAYLE (YASTER, BENJAMIN) (Entered: 07/16/2013)	July 16, 2013	July 16, 2013
65	LETTER ORDER that counsel for both sides are to submit simultaneous responses to this letter, not exceeding 5 pages each, no later than Tuesday, July 30, by 4pm. Signed by Judge Freda L. Wolfson on 7/25/2013. (mmh) (Entered: 07/25/2013)	July 25, 2013	July 25, 2013
66	NOTICE of Appearance by ELIZABETH J. STEVENS on behalf of OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER (STEVENS, ELIZABETH) (Entered: 07/29/2013)	July 29, 2013	July 29, 2013
67	RESPONSE re 65 Order. (Attachments: # 1 Exhibit A - Harrison Declaration, # 2 Certificate of Service)(BOWEN, JENNIFER) (Entered: 07/30/2013)	July 30, 2013	July 30, 2013
68	RESPONSE re 65 Order. (Attachments: # 1 Certificate of Service)(YASTER, BENJAMIN) (Entered: 07/30/2013)	July 30, 2013	July 30, 2013
69	RESPONSE re 65 Order. (Attachments: # 1 Certificate of Service -- corrected)(LUSTBERG, LAWRENCE) (Entered: 07/31/2013)	July 31, 2013	July 31, 2013
	CLERK'S QUALITY CONTROL MESSAGE - The 68 Response submitted by Benjamin Yaster on 7/30/2013 contains an improper signature. Only the filing user is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED OR ELECTRONIC SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (mmh)	July 31, 2013	July 31, 2013
70	LETTER ORDER that the Court grants Petitioner leave to file an amended habeas petition to include his Diop claim. Petitioner has 10 days from the date of this Letter Order in which to file his amended petition, and Defendants shall submit their answer no later than 20 days thereafter. Signed by Judge Freda L. Wolfson on 8/1/2013. (mmh) (Entered: 08/01/2013)	Aug. 1, 2013	Aug. 1, 2013
71	Notice of Request by Pro Hac Vice Sarah Mehta to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number 0312-5152529.) (YASTER, BENJAMIN) (Entered: 08/02/2013)	Aug. 2, 2013	Aug. 2, 2013
72	AMENDED COMPLAINT Third Amended Petition for Writ of Habeas Corpus and Class Action Complaint for Declaratory and Injunctive Relief against OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, filed by NEVILLE SUKHU, GARFIELD O. GAYLE, SHELDON FRANCOIS. (Attachments: # 1 Certificate of Service)(LUSTBERG, LAWRENCE) (Entered: 08/05/2013)	Aug. 5, 2013	Aug. 5, 2013
73	Letter from Plaintiffs re 72 Amended Complaint,. (LUSTBERG, LAWRENCE) (Entered: 08/05/2013)	Aug. 5, 2013	Aug. 5, 2013
74	Letter from Defendants/Respondents re: Proposed Stipulated Protective Order Governing Confidential Information. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order Governing Confidential Information, # 2 Certification In Support of Stipulated Protective Order -- L.R. 5.3(b)(2))(BOWEN, JENNIFER) (Entered: 08/06/2013)	Aug. 6, 2013	Aug. 6, 2013
75	MOTION to Dismiss and Response to Plaintiff Francois's Individual Petition for Writ of Habeas Corpus Seeking Relief under Diop v. ICE/Homeland Sec. by OSCAR AVILES, ROBERT BIGGOTT, BRIAN ELWOOD, ROY L. HENDRICKS, ERIC HOLDER, MONMOUTH COUNTY CORRECTIONAL FACILITY, JOHN T. MORTON, JANET NAPOLITANO, JUAN OSUNA, ORLANDO RODRIGUEZ, CHRISTOPHER SHANAHAN, RAY SIMONSE, JOSEPH TRABUCCO, JOHN TSOUKARIS, SCOTT A. WEBER. Responses due by 9/3/2013 (Attachments: # 1 Brief, # 2 Text of Proposed Order, # 3 Certificate of Service)(BOWEN, JENNIFER) (Entered: 08/15/2013)	Aug. 15, 2013	Aug. 15, 2013
76	NOTICE of Appearance by CRAIG WILLIAM KUHN on behalf of All Defendants (KUHN, CRAIG) (Entered: 08/15/2013)	Aug. 15, 2013	Aug. 15, 2013
	CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerks office has added CRAIG W. KUHN as representing JANET NAPOLITANO in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (mmh)	Aug. 16, 2013	Aug. 16, 2013
	Set Deadlines as to 75 MOTION to Dismiss and Response to Plaintiff Francois's Individual Petition for Writ of Habeas Corpus Seeking Relief under Diop v. ICE/Homeland Sec.. Motion set for 9/16/2013 before Judge Freda L. Wolfson. The motion will be decided on the papers. No appearances required unless notified by the court. (mmh)	Aug. 16, 2013	Aug. 16, 2013
77	Stipulated Protective Order Governing Confidential Information. Signed by Magistrate Judge Douglas E. Arpert on 8/19/2013. (mmh) (Entered: 08/20/2013)	Aug. 19, 2013	Aug. 19, 2013
78	Substitution of Attorney - Attorney PETER G. O'MALLEY terminated. Attorney DAVID VINCENT BOBER for OSCAR AVILES,DAVID VINCENT BOBER for ROBERT BIGGOTT,DAVID VINCENT BOBER for BRIAN ELWOOD,DAVID VINCENT BOBER for ROY L. HENDRICKS,DAVID VINCENT BOBER for ERIC HOLDER,DAVID VINCENT BOBER for JOHN T. MORTON,DAVID VINCENT BOBER for JANET NAPOLITANO,DAVID VINCENT BOBER for JUAN OSUNA,DAVID VINCENT BOBER for ORLANDO RODRIGUEZ,DAVID VINCENT BOBER for CHRISTOPHER SHANAHAN,DAVID VINCENT BOBER for RAY SIMONSE,DAVID VINCENT BOBER for JOSEPH TRABUCCO,DAVID VINCENT BOBER for JOHN TSOUKARIS added.. (Attachments: # 1 Certificate of Service)(BOBER, DAVID) (Entered: 08/20/2013)	Aug. 20, 2013	Aug. 20, 2013
79	Letter from Plaintiffs re 75 MOTION to Dismiss and Response to Plaintiff Francois's Individual Petition for Writ of Habeas Corpus Seeking Relief under Diop v. ICE/Homeland Sec.. (LUSTBERG, LAWRENCE) (Entered: 08/22/2013)	Aug. 22, 2013	Aug. 22, 2013
80	OPINION filed. Signed by Judge Freda L. Wolfson on 8/23/2013. (mmh)	Aug. 23, 2013	Aug. 23, 2013 RECAP
81	ORDER that Petitioner's Petition for Writ of Habeas Corpus is GRANTED; that an Immigration Judge provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226, within ten (10) days of the date of this Order. Signed by Judge Freda L. Wolfson on 8/23/2013. (mmh) (Entered: 08/23/2013)	Aug. 23, 2013	Aug. 23, 2013
	CLERK'S QUALITY CONTROL MESSAGE - Case Closed in Error, Please Disregard. (eaj)	Aug. 26, 2013	Aug. 26, 2013
82	NOTICE of Hearing: Settlement Conference with trial counsel and clients with full settlement authority set for 9/10/2013 03:00 PM in Trenton - Courtroom 6W before Magistrate Judge Douglas E. Arpert. The proposed settlement memo is due to chambers 48 hours prior to the conference. Please do not e-file.(ce3) (Entered: 08/27/2013)	Aug. 27, 2013	Aug. 27, 2013
	ATTENTION COUNSEL: The Telephone Status Conference set for 8/27/2013 02:00 PM before Magistrate Judge Douglas E. Arpert HAS BEEN ADJOURNED. (ce3)	Aug. 27, 2013	Aug. 27, 2013
	ATTENTION COUNSEL: PLEASE DISREGARD DOCKET 82 . IT WAS FILED IN THIS CASE IN ERROR. (ce3, )	Aug. 27, 2013	Aug. 27, 2013