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

Clearinghouse coding complete

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 Ame…

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.

Summary Authors

Dan Osher (3/24/2013)

Jordan Katz (12/2/2021)

People

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


Judge(s)

Wolfson, Freda L. (New Jersey)

Attorneys(s) 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)

Judge(s)

Wolfson, Freda L. (New Jersey)

Attorneys(s) 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)

Attorneys(s) for Defendant

Bowen, Jennifer A. (District of Columbia)

O'Malley, Peter G. (New Jersey)

Documents in the Clearinghouse

Document

3:12-cv-02806

Docket [PACER]

Gayle v. Elwood

Sept. 3, 2021

Sept. 3, 2021

Docket
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
13-1

3:12-cv-02806

Brief in Support of Motion for Class Action Certification

Nov. 15, 2012

Nov. 15, 2012

Pleading / Motion / Brief
33

3:12-cv-02806

Opinion

2013 WL 1090993

March 15, 2013

March 15, 2013

Order/Opinion
50

3:12-cv-02806

Order

May 13, 2013

May 13, 2013

Order/Opinion
80

3:12-cv-02806

Opinion

Francois v. Napolitano

2013 WL 4510004

Aug. 23, 2013

Aug. 23, 2013

Order/Opinion
94

3:12-cv-02806

Opinion

Gayle v. Johnson

4 F.Supp.3d 692

March 14, 2014

March 14, 2014

Order/Opinion
111

3:12-cv-02806

Opinion

Gayle v. Johnson

81 F.Supp.3d 371

Jan. 28, 2015

Jan. 28, 2015

Order/Opinion
132

3:12-cv-02806

Opinion

Gayle v. Warden Monmouth County Correctional Institution

2017 WL 5479701

Nov. 15, 2017

Nov. 15, 2017

Order/Opinion
150

3:12-cv-02806

Opinion

Gayle v. Warden Monmouth County

2019 WL 4165310

Sept. 3, 2019

Sept. 3, 2019

Order/Opinion

Resources

Docket

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

Last updated Aug. 9, 2022, 3:05 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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

Clearinghouse
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

Clearinghouse
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

Clearinghouse
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

Clearinghouse
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

PACER
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

PACER

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

PACER

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

PACER
15

Certified Mail Receipt Returned sent to Janet Napolitano in re 4 (eaj) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
15

Certified Mail Receipt Returned sent to Janet Napolitano in re 4 (eaj) (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

Clearinghouse
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

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER

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

PACER

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

PACER

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

PACER

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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
32

Letter from Lawrence S. Lustberg requesting oral argument. (LUSTBERG, LAWRENCE) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
32

Letter from Lawrence S. Lustberg requesting oral argument. (LUSTBERG, LAWRENCE) (Entered: 02/13/2013)

Feb. 13, 2013

Feb. 13, 2013

PACER
33

OPINION filed. Signed by Judge Freda L. Wolfson on 3/15/2013. (mmh) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

Clearinghouse
33

OPINION filed. Signed by Judge Freda L. Wolfson on 3/15/2013. (mmh) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

Clearinghouse
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER

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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 10, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

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).

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Defendant Type(s):

Corrections

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Habeas relief

Source of Relief:

Litigation

Issues

General:

Access to lawyers or judicial system

Habeas Corpus

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures