Case: Franco-Gonzalez v. Holder

2:10-cv-02211 | U.S. District Court for the Central District of California

Filed Date: March 26, 2010

Case Ongoing

Clearinghouse coding complete

Case Summary

The ACLU filed this petition for writ of habeas corpus and class action complaint on March 26, 2010, on behalf of several named plaintiffs with serious mental disorders or disabilities who had been detained by U.S. Immigration and Customs Enforcement (ICE) and (like all detainees) denied provision of legal counsel. The plaintiffs filed in the United States District Court for the Central District of California. Many of the documents filed in this case are under seal or otherwise unavailable to t…

The ACLU filed this petition for writ of habeas corpus and class action complaint on March 26, 2010, on behalf of several named plaintiffs with serious mental disorders or disabilities who had been detained by U.S. Immigration and Customs Enforcement (ICE) and (like all detainees) denied provision of legal counsel. The plaintiffs filed in the United States District Court for the Central District of California. Many of the documents filed in this case are under seal or otherwise unavailable to the Clearinghouse, including the initial habeas petition. But a third amended complaint from October 25, 2011, is available and included in our collection. The third amended complaint listed claims under Section 504 of the Rehabilitation Act of 1973, the Fifth Amendment's Due Process Clause, and a collection of federal immigration laws.

The Third Amended Complaint alleged that the plaintiffs, due to their mental disabilities, were incompetent to defend themselves but had been forced to do so by the immigration courts. It alleged that many class members would be pushed through these proceedings without any comprehension of their meaning and then deported, regardless of whether they had been in the United States legally. The plaintiffs estimated that the size of the plaintiff class was at least several hundred individuals, and that two to five percent of all immigrant detainees would have a qualifying serious mental illness. The plaintiffs sought a declaratory judgment that the Government had violated federal law, and injunctions ordering the Government to implement meaningful adequate competency evaluations for detainees where appropriate and ordering the appointment of counsel for individuals found to be incompetent to represent themselves. They also sought attorneys' fees under the fee-shifting provisions of the statutes under which the case was brought.

Congress had mandated that immigration and deportation proceedings must be fundamentally fair and had directed the Attorney General to develop and promulgate meaningful safeguards for detainees lacking competence to represent themselves. The plaintiff alleged the Government had failed to do this, implementing no system to identify such individuals and failing to ensure fair hearings for mentally incompetent detainees. The complaint contended that the Government had not even established procedures defining competence or whether a person was mentally incompetent. No system was in place for assigning counsel to incompetent individuals. According to the complaint, the few regulations that had been established as "safeguards" were actually functioning as barriers to the appointment of counsel, making it easier to deport incompetent individuals without regard to their legal immigration status.

One of the named plaintiffs, Mr. Franco-Gonzalez, who had been previously diagnosed with a moderate intellectual disability (characterized by an IQ between 35 and 55), was identified by the Government as incompetent in 2005, but was not provided with counsel. Instead, the Immigration Judge administratively closed his case because of his lack of counsel and his mental condition. The plaintiff remained in detention by the Government for four and a half years without a hearing. He was released three days after the lawsuit was filed, apparently in response to the filing, with the Government retaining the right to detain him again at will.

The other named plaintiffs had all been diagnosed with schizophrenia or other mental conditions involving psychosis and included several lawful permanent residents of the United States. Most of these men were forced to represent themselves in immigration court despite their established mental health diagnoses and their symptoms of psychosis. Most or all of them never had their competency evaluated while their cases were before the immigration courts.

The complaint argued that the Rehabilitation Act required the appointment of counsel and prompt custody hearings as a reasonable accommodation for disabled individuals who would otherwise be excluded from meaningful access to their immigration court proceedings. It also argued that the Due Process Clause of the Constitution required the appointment of counsel for mentally incompetent individuals, because without counsel they could not have full and fair immigration hearings. They also argued that the same clause prevents prolonged detention without a custody hearing to determine whether detention is necessary.

Prior to the filing of the third amended complaint described above, the court had already issued several rulings. On December 27, 2010, the court (Judge Dolly Gee) granted the plaintiffs' motion for a preliminary injunction, which enjoined the Government, pending the outcome of a trial on the merits of the case, from pursuing further immigration proceedings against the named plaintiffs unless they were first appointed qualified counsel. The court also ordered the release from detention of two of the named plaintiffs. 767 F.Supp.2d 1034 (C.D. Cal 2010).

On May 4, 2011, and October 2, 2011, the court granted two additional preliminary injunctions, each in response to a motion filed by a named plaintiff, ordering the Government to either hold a bond hearing within 45 days to determine whether their ongoing detention was justified, or to release them from detention on conditions of supervision. The two men were released. 828 F.Supp.2d 1133 (C.D. Cal 2011).

On November 21, 2011, the court granted class certification, allowing the suit to move forward as a class action. 2011 WL 11705815. The court certified the following class and sub-classes:

  • Plaintiff Class: All individuals who are or will be in DHS custody for removal proceedings in California, Arizona, and Washington who have been identified by or to medical personnel, DHS, or an Immigration Judge, as having a serious mental disorder or defect that may render them incompetent to represent themselves in detention or removal proceedings, and who presently lack counsel in their detention or removal proceedings.
  • Plaintiff Sub-Class 1: Individuals in the above-named Plaintiff Class who have a serious mental disorder or defect that renders them incompetent to represent themselves in detention or removal proceedings.
  • Plaintiff Sub-Class 2: Individuals in the above-named Plaintiff Class who have been detained for more than six months.

On April 23, 2013, the court granted in part the plaintiffs' motion for partial summary judgment, finding that Section 504 of the Rehabilitation Act required the Government to provide qualified representatives to represent class members in all aspects of their removal and detention proceedings. She also found that the Government was in violation of the Immigration and Nationality Act (INA), which forbids detentions longer than 180 days without a custody hearing. The court granted a permanent injunction requiring the Government to provide class members with counsel, and to provide timely custody hearings in accordance with the INA. 2013 WL 3674492 and 2013 WL 8115423.

The day prior to this ruling (but in response to this case), the Department of Justice and the Department of Homeland Security announced a new nationwide policy to require that immigration detention facilities perform screenings for serious mental disorders or conditions where appropriate, and to ensure the availability of competency hearings and independent psychological and psychiatric examinations. Detainees found to be incompetent who are unrepresented by counsel will, by this new policy, be provided with qualified representation.

Two subsequent orders elaborated the government’s obligations: one, issued June 12, 2014, elaborated the competency standard. 2014 WL 12626262. The other, dated October 29, 2014, included much more detail on implementation, outlining the screening process that the Government needed to implement to identify individuals with serious mental disorders and assign them qualified representation. 2014 WL 5475097.

On March 14, 2014, the parties reached a partial settlement agreement that dismissed causes of action six and seven (violation of the right to release under INA and the Due Process Clause, respectively). On September 25, 2015, when the parties reached a further settlement agreement. The settlement addressed individuals in Arizona, California, and Washington who had been given final orders of removal on or after November 21, 2011, and had qualifying mental conditions. It allowed them to file a motion to reopen their cases with the Board of Immigration Appeals or the Immigration Court. For individuals who had already been removed from the country, ICE agreed to assist their return to the United States by processing their paperwork, restoring their previous immigration status, and partially paying for their travel expenses.

On October 8, 2015, the parties reached an agreement to pay $9,500,000 in attorneys' fees. During the following years, the parties and the court worked to ensure the injunctions and monitoring orders were being complied with. On April 30, 2018, the court confirmed that the monitoring period had ended, and terminated the monitoring. In that order, the court also included recommendations from a retained expert, Dr. Melissa Piasecki, regarding future opportunities for improvement.

On April 2, 2019, the court issued an order awarding the plaintiffs a further $35,500 in attorneys' fees to be allocated among the counsel organizations.

On November 8, 2019, the plaintiffs filed a motion for Order for Reopening Limited Discovery to Establish Non-Compliance with Court Orders, stating that there appears to be a pattern of violations of the court's comprehensive implementation plan issued five years before. A few weeks later, the court set a briefing schedule; the Government was to submit its response by November 20, 2019, and the plaintiffs' reply was due on November 27, 2019.

Since then, the parties have consulted with one another to set schedule and terms for discovery; the schedule and terms were laid out on the joint status report filed on March 24, 2020. The case is ongoing.

Opinion list (all in C.D. Cal.)

Franco-Gonzalez v. Napolitano, 2010 WL 11436953 (Aug. 19, 2010) (procedural: denying preliminary injunction for technical reasons, without prejudice)

Franco-Gonzalez v. Napolitano, 2010 WL 11479348 (Sep. 3, 2010) (procedural: denies PI as moot, because Franco-Gonzalez had been released)

Franco-Gonzales v. Holder, 2010 WL 11643590 (Oct. 18, 2010) (procedural: allowing amendment of complaint)

Franco-Gonzalez v. Napolitano, 2010 WL 11479349 (Nov. 24, 2010) (granting TRO against BIA proceedings involving several of petitioners, pending resolution of the pending preliminary injunction motion)

Franco-Gonzales v. Holder, 767 F.Supp.2d 1034 (Dec. 27, 2010) (granting preliminary injuction, pursuant to the Rehabilitation Act, enjoining immigration proceedings until Plaintiffs are afforded a Qualified Representative, and also requiring bond hearings.

Franco-Gonzales v. Holder, 828 F.Supp.2d 1133 (May 4, 2011) (granting preliminary injunction with respect to one particular plaintiff, and elaborating who can serve as a qualified representative)

Franco-Gonzalez v. Napolitano, 2011 WL 13117372 (July 18, 2011) (allowing another amendment of the complaint)

Franco-Gonzales v. Holder, 2011 WL 5966657 (Aug. 2, 2011) (granting custody hearing preliminary injunction for one particular plaintiff)

Franco-Gonzalez v. Napolitano, 2011 WL 13091548 (Sep. 12, 2011) (procedural: more on the 2nd amendment, and also on one particular plaintiff)

Franco-Gonzalez v. Napolitano, 2011 WL 13318185 (Sep. 23, 2011) (procedural: related to a protective order)

Franco-Gonzales v. Napolitano, 2011 WL 11705815 (Nov. 21, 2011) (granting class certification), ordered unsealed by Franco-Gonzalez v. Napolitano, 2011 WL 11737231 (Dec. 19, 2011), and reconsideration denied by Franco-Gonzalez v. Napolitano, 2012 WL 10688876 (Aug. 27, 2012)

Franco-Gonzalez v. Napolitano, 2011 WL 13147421 (Dec. 13, 2011) (procedural: about notice via immigration court and other issues)

Franco-Gonzalez v. Holder, 2013 WL 3674492 (Apr. 23, 2013). (granting summary judgment in large part for plaintiffs)

Franco-Gonzalez v. Holder, 2013 WL 8115423 (Apr. 23, 2013): ECF 593 (entering judgment for class on Rehab Act and other claims: “The Court hereby declares that Defendants have violated Section 504 of the Rehabilitation Act by failing to provide Sub–Class One members with a reasonable accommodation, i.e., a Qualified Representative in all aspects of their immigration proceedings.”)

Franco-Gonzalez v. Holder, 2013 WL 8116823 (May 3, 2013) (procedural: relates to discovery)

Franco-Gonzalez v. Napolitano, 2014 WL 12626262 (June 12, 2014) (elaborates some issues relating to the competency standard)

Franco-Gonzalez v. Holder, 2014 WL 5475097 (Oct. 29, 2014) (implementation order: sets out details for implementation of the permanent injunction).

Franco-Gonzalez v. Holder, 2015 WL 11116636 (Mar. 30, 2015). (preliminary approval of a further settlement agreement)

Gonzalez v. Holder, 2015 WL 11116905 (Sep. 25, 2015) (final approval of settlement agreement)

Franco-Gonzalez v. Sessions, 2017 WL 10604127 (May 12, 2017) (rejects reconsideration of bond hearing decision)

Franco-Gonzalez v. Sessions, 2018 WL 10772044 (Aug. 10, 2018) (denying motion to amend Oct. 29, 2014 screening order for immigration detainees in BOP facilities).

Summary Authors

Alex Colbert-Taylor (6/20/2013)

Allison Hight (10/25/2015)

Virginia Weeks (11/5/2016)

Lisa Koo (3/10/2019)

Bogyung Lim (6/29/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4542512/parties/jose-antonio-franco-gonzalez-v-janet-napolitano/


Judge(s)

Bristow, David T. (California)

Gee, Dolly Maizie (California)

Rosenberg, Alicia G. (California)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Ahmed, Sameer (New York)

Aliyasova, Asel (California)

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Bhandari, Esha (New York)

Bianco, Anthony Daniel (District of Columbia)

Judge(s)

Bristow, David T. (California)

Gee, Dolly Maizie (California)

Rosenberg, Alicia G. (California)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Ahmed, Sameer (New York)

Aliyasova, Asel (California)

Arulanantham, Ahilan T (California)

Bansal, Jessica Karp (California)

Bhandari, Esha (New York)

Bianco, Anthony Daniel (District of Columbia)

Buckley, Theresa A. (California)

Cruz, Lauren Michelle (California)

Iguina, Carmen G. (California)

Inlender, Talia R. (California)

Kang, Stephen B. (California)

Lawson-Remer, Alexa M. (California)

Lichaa, Shawn Joe (California)

London, Judith Maura (California)

Loy, John David (California)

Lyall, James Duff (Arizona)

Mukhopadhyay, Riddhi (Washington)

Murtagh, Michael P. (California)

Orihuela, Marisol (California)

Preis, James Joseph (California)

Rabinovitz, Judy (New York)

Riordan, Sean (California)

Stamenova-Dancheva, Antonia (California)

Stark, Jennifer Lori (California)

Steinberg, Michael H. (California)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

Attorneys(s) for Defendant

Carlson, Jesi J. (District of Columbia)

Flentje, August E. (District of Columbia)

Go, Samuel P. (District of Columbia)

Ihsanullah, Neelam (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Prairie, Nicole Rogers (District of Columbia)

Reuveni, Erez (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Expert/Monitor/Master

Lapp, Kevin (California)

Mahoney, Katherine Byrne (California)

Matz, A. Howard (California)

Robinson, Damion D. (California)

Documents in the Clearinghouse

Document

2:10-cv-02211

Docket [PACER]

March 31, 2020

March 31, 2020

Docket
107

2:10-cv-02211

Amended Order Re Plaintiffs' Motion for a Preliminary Injunction

Franco-Gonzales v. Holder

767 F.Supp.2d 1034

Dec. 27, 2010

Dec. 27, 2010

Order/Opinion
204

2:10-cv-02211

Order Re Plaintiff Maksim Zhalezny's Motion for a Preliminary Injunction

Franco-Gonzalez v. Napolitano

828 F.Supp.2d 1133

May 4, 2011

May 4, 2011

Order/Opinion
285

2:10-cv-02211

Order Re Plaintiff Yonas Woldemariam's Motion for a Preliminary Injunction

2011 WL 5966657

Aug. 2, 2011

Aug. 2, 2011

Order/Opinion
284

2:10-cv-02211

Ruling Re: Protective Order

Aug. 19, 2011

Aug. 19, 2011

Order/Opinion
344

2:10-cv-02211

Third Amended Class-Action Complaint for Declaratory and Injunctive Relief and Writ of Habeas Corpus

Oct. 25, 2011

Oct. 25, 2011

Complaint
348

2:10-cv-02211

Order Re: Plaintiff's Motion for Class Certification

Franco-Gonzalez v. Napolitano

Nov. 21, 2011

Nov. 21, 2011

Order/Opinion

2:10-cv-02211

DOJ Executive Office for Immigration Press Release: Department of Justice and the Department of Homeland Security Announce Safeguards for Unrepresented Immigration Detainees with Serious Mental Disorders or Conditions

Franco-Gonzalez v. Napolitano

No Court

April 22, 2013

April 22, 2013

Press Release

2:10-cv-02211

ACLU Press Release: Class Action Lawsuit Forces Policy Change to Protect Detained Immigrants with Serious Mental Disabilities

Franco-Gonzalez v. Napolitano

No Court

April 22, 2013

April 22, 2013

Press Release

Civil Immigation Detention: Guidance for New Identification and Information-Sharing Procedures Related to Unrepresented Detainees With Serious Mental Disorders or Conditions

Franco-Gonzalez v. Napolitano

No Court

April 22, 2013

April 22, 2013

Statute/Ordinance/Regulation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4542512/jose-antonio-franco-gonzalez-v-janet-napolitano/

Last updated Aug. 16, 2022, 3:07 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 Dolly M. Gee and referred to Magistrate Judge David T. Bristow.(Filing fee $ 5: PAID), filed by petitioner Jose Antonio Franco-Gonzalez.(ghap) (ds). (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

RECAP
2

APPLICATION for Order to Show Cause, filed by petitioner Jose Antonio Franco-Gonzalez. Lodged Proposed Order. (ghap) (Additional attachment(s) added on 3/29/2010: # 1 Proposed Order) (ds). (Entered: 03/26/2010)

1 Proposed Order

View on PACER

March 26, 2010

March 26, 2010

PACER
3

NOTICE of Interested Parties filed by Petitioner Jose Antonio Franco-Gonzalez. (ghap) (ds). (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
4

NOTICE of Related Case(s) filed by petitioner Jose Antonio Franco-Gonzalez. Related Case(s): no related actions. (ghap) (ds). (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
5

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 Dolly M. Gee and referred to Magistrate Judge David T. Bristow to consider preliminary matters and conduct all further matters as appropriate. The Court must be notified within 15 days of any change of address. (ghap) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

PACER
6

ORDER TO SHOW CAUSE by Magistrate Judge David T Bristow: It is ORDERED that:1. The Clerk of this Court shall promptly serve a copy of the Petition and a copy of this Order to Show Cause on respondent and the United States AttorneysOffice; and (b) serve a copy of this Order to Show Cause on petitioner. 2. Respondent is to file a return on the Order to Show Cause within 20 days of the filing of this Order. No extensions will be granted. 3. Petitioner shall have an opportunity to file a Reply or Traverse within 3 days of the filing of respondents return. No extensions will be granted. 4. The Order to Show Cause will be heard on April 29, 2010, at 9:00 a.m. in Courtroom 4 of the United States District Court, Eastern Division, Riverside Courthouse, in Riverside, California. 2 (am) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

PACER
7

ORDER TO REASSIGN CASE PURSUANT TO Section 5.4 of General Order 08-05 by Judge Gary A. Feess, Chair of the Case Management and Assignment Committee, all related Indefinite Detention cases are assigned to Judge Terry J. Hatter, Jr. for all further proceedings. Any discovery matters will be referred to Magistrate Judge Robert N. Block. The case number will now read as follows: CV 10-02211 TJH(RNB). The Related Group Control Case Number is: CV 04-03266 TJH (RNB). (rn) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
8

ORDER VACATING REASSIGNMENT by Judge Gary A. Feess, Case Management and Assignment Committee Chair. Upon further review of the above-entitled case, and with concurrence of the Case Management and Assignment Committee, it is hereby ordered that the Order For Reassignment dated March 30, 2010, is vacated. This case is returned from the calendar of Magistrate Judge Robert N. Block and Judge Terry J. Hatter, Jr to the calendar of Judge Dolly M. Gee and Magistrate Judge David T Bristow for all further proceedings. The case number will now read as: CV 10-02211 DMG(DTB). (rn) (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

PACER
9

STIPULATION for Extension of Time to File Response as to Order on Application for Order to Show Cause,,, 6 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
10

ORDER APPROVING STIPULATION TO EXTEND DATES by Magistrate Judge David T Bristow, re Stipulation for Extension of Time to File Response/Reply 9 . IT IS HEREBY ORDERED that the response date for Respondents Return on the Order to Show Cause is extended from April 20, 2010 to May 4, 2010. (am) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
11

MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge David T Bristow: COUNSEL ARE NOTIFIED that the Order to Show Cause Hearing has been continued fromApril 29, 2010 to May 11, 2010, at 10:00 a.m. before Magistrate Judge David T Bristow. (am) (Entered: 04/28/2010)

April 27, 2010

April 27, 2010

PACER
12

Second STIPULATION for Extension of Time to File Response as to Order on Application for Order to Show Cause,,, 6 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
13

ORDER APPROVING STIPULATION TO EXTEND DATES by Magistrate Judge David T Bristow: IT IS HEREBY ORDERED that the response date for Respondents Return on the Order to Show Cause (OSC) is extended from May 4, 2010 to June 3, 2010. The May 11, 2010, hearing on the OSC will be continued to June 8, 2010, at 9:00 a.m. before Magistrate Judge David T Bristow. (am) (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
14

Third STIPULATION to Continue Hearing Date and Traverse Due Date from Hearing Date: June 8, 2010 at 9am to Hearing Date: August 9, 2010 at 9am; Traverse Due on or Before August 2, 2010 filed by Plaintiff Jose Antonio Franco-Gonzalez. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
15

RETURN to Habeas Corpus Petition and Order to Show Cause filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 06/03/2010)

June 3, 2010

June 3, 2010

PACER
16

ORDER GRANTING EXTENSION OF TRAVERSE DUE DATE AND HEARING DATE by Magistrate Judge David T Bristow: Good cause having been shown in the Stipulation to Extend Traverse Due Date and Hearing Date, it is hereby ordered that Petitioner file his traverse on or before August 2, 2010, and the hearing date be continued from June 8, 2010 at 9:00 a.m. to August 9, 2010 at 9:00 a.m. (am) (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
17

NOTICE of Association of Counsel associating attorney Michael H. Steinberg on behalf of Petitioner Jose Antonio Franco-Gonzalez. Filed by Petitioner Jose Antonio Franco-Gonzalez (Steinberg, Michael) (Entered: 07/30/2010)

July 30, 2010

July 30, 2010

PACER
18

NOTICE of Association of Counsel associating attorney David Blair-Loy on behalf of Petitioner Jose Antonio Franco-Gonzalez. Filed by Petitioner Jose Antonio Franco-Gonzalez (Blair-Loy, John) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
19

NOTICE of Association of Counsel associating attorney James J Preis on behalf of Petitioner Jose Antonio Franco-Gonzalez. Filed by Petitioner Jose Antonio Franco-Gonzalez (Preis, James) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
20

OPPOSITION to Motion to Dismiss filed by Petitioner Jose Antonio Franco-Gonzalez. (Arulanantham, Ahilan) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
21

NOTICE of Filing Additional Legal Authority filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit A)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

PACER
22

MINUTES OF IN CHAMBERS ORDER held before Magistrate Judge David T Bristow: COUNSEL ARE NOTIFIED that on the Court's own motion, the Order to Show CauseHearing scheduled for Monday, August 9, 2010, is hereby taken off calendar and will be decided without oral argument (am) (Entered: 08/05/2010)

Aug. 4, 2010

Aug. 4, 2010

PACER
23

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge David T Bristow, ORDERING Plaintiffs First Amended Class Action Complaint submitted by Petitioner Jose Antonio Franco-Gonzalez received on 8//2/10 is not to be filed but instead rejected. Denial based on: Pursuant to FRCP Rule 15(a)(1)(B) plaintiff's proposed First Amended complaint Class Action Complaint is untimely. The responsive pleading in this action was filed on 6/3/10.. (am) (Entered: 08/09/2010)

Aug. 6, 2010

Aug. 6, 2010

RECAP
24

OBJECTIONS to Notice of Document Discrepancies and Order - Rejecting, 23 and in the Alternative Request for Leave to Amend filed by Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit A, Part 3, # 4 Exhibit A, Part 4, # 5 Exhibit A, Part 5, # 6 Exhibit A, Part 6)(Steinberg, Michael) (Entered: 08/11/2010)

Aug. 11, 2010

Aug. 11, 2010

PACER
25

NOTICE OF LODGING filed re Objections - non-motion, 24 (Attachments: # 1 Proposed Order)(Steinberg, Michael) (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
26

NOTICE OF MOTION AND MOTION for Preliminary Injunction re: Removal Hearing of Ever Martinez-Rivas filed by Plaintiff Jose Antonio Franco-Gonzalez. Motion set for hearing on 9/13/2010 at 09:00 AM before Judge Dolly M. Gee. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Steinberg, Michael) (Entered: 08/16/2010)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

4 Exhibit

View on PACER

5 Proposed Order

View on PACER

Aug. 16, 2010

Aug. 16, 2010

PACER
27

MINUTE ORDER IN CHAMBERS PLAINTIFFS OBJECTION TO MAGISTRATE JUDGE BRISTOWS NOTICE OF DISCREPANCY AND ORDER, AND IN THE ALTERNATIVE REQUEST FOR LEAVE TO AMEND by Magistrate Judge David T Bristow: Defendants are hereby ORDERED to file a response to the Objection within 20 days of the date of the Minute Order. The Court will take the matter under submission and rule on the papers submitted. ( Objections to R&R due by 9/5/2010) (mrgo) (Entered: 08/17/2010)

Aug. 16, 2010

Aug. 16, 2010

PACER
28

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Preliminary Injunction re: Removal Hearing of Ever Martinez-Rivas 26 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): The document indicates that the hearing shall take place on 9/13/2010 TBD. Filer set this matter on calendar for 9/13/2010 at 9:00 AM. Counsel is advised to re-notice the motion for an appropriate date/time before Judge Gee. Judge Gee hears law and motion matters on Mondays at 9:30 AM.. 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. (se) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
29

NOTICE Amended Notice of Motion filed by Plaintiff Jose Antonio Franco-Gonzalez. Amended Notice of Motion for Preliminary Injunction for Plaintiff Ever Martinez-Rivas. (Steinberg, Michael) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
34

APPLICATION for attorney Judy Rabinovitz to Appear Pro Hac Vice. (PHV FEE PAID.) filed by Plaintiff Jose Antonio Franco-Gonzalez. Lodged Proposed Order. (shb) (Entered: 08/20/2010)

Aug. 18, 2010

Aug. 18, 2010

PACER
30

ORDER RE MOTION FOR PRELIMINARY INJUNCTION FOR PLAINTIFF MARTINEZ-RIVAS by Judge Dolly M. Gee: As Plaintiff Martinez-Rivas has not yet been added as a Plaintiff in this action, it is premature for this Court to rule upon a Motion for Preliminary Injunction on his behalf. The Court therefore DENIES Petitioner's Motion for Preliminary Injunction for Plaintiff Martinez-Rivas 26 without prejudice. Should Magistrate Judge Bristow grant Plaintiff's Objection, and therein allow Plaintiff Martinez-Rivas to be added as a party in this action, Petitioner may re-file his motion, if appropriate. (gk) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
31

NOTICE OF PRO HAC VICE APPLICATION AND FILING FEE DUE on Pro Hac Vice Application mailed to attorney Judy Rabinovitz for Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 G-64 Application, # 2 G-64 Proposed Order) (gk) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
32

NOTICE OF PRO HAC VICE APPLICATION AND FILING FEE DUE on Pro Hac Vice Application mailed to attorney Matt Adams for Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 G-64 Application, # 2 G-64 Proposed Order) (gk) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
33

NOTICE OF PRO HAC VICE APPLICATION AND FILING FEE DUE on Pro Hac Vice Application mailed to attorney Riddhi Mukopadhyay for Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 G-64 Application, # 2 G-64 Proposed Order) (gk) (Entered: 08/19/2010)

Aug. 19, 2010

Aug. 19, 2010

PACER
35

EX PARTE APPLICATION to AMEND Complaint filed by Plaintiffs Jose Antonio Franco-Gonzalez. (Attachments: # 1 Declaration, # 2 Proposed Order)(Steinberg, Michael) (Entered: 08/23/2010)

Aug. 23, 2010

Aug. 23, 2010

PACER
36

OPPOSITION to EX PARTE APPLICATION to AMEND Complaint 35 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
37

REPLY In Support of EX PARTE APPLICATION to AMEND Complaint 35 filed by Petitioner Jose Antonio Franco-Gonzalez. (Steinberg, Michael) (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
38

ORDER by Magistrate Judge David T Bristow: granting 34 Application to Appear Pro Hac Vice by Attorney Judy Rabinovitz on behalf of Plaintiff, designating Jose Antonio Franco-Gonzalez as local counsel. (am) (Entered: 08/26/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
39

MINUTES OF IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Dolly M. Gee: On 8/23/2010, Plaintiff filed an Ex Parte Application to Amend, etc. 35 and mistakenly noticed it before Judge Dolly M. Gee. Counsel are hereby notified that this matter is to be rescheduled before Judge David T. Bristow, Magistrate Judge. Court Reporter: Not Reported. (gk) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
40

MINUTES OF TELEPHONIC STATUS CONFERENCE Re: Petitioners' Ex Parte Application to Amend Petition held before Magistrate Judge David T Bristow: A status conference was held regarding petitioner's Ex Parte Application to Amend Petition. The Court directed counsel to meet and confer on Tuesday, August 31, 2010, to attempt to resolve their disagreements regarding the propriety of petitioner's Motion to Amend Petition. Based upon the representations of counsel, in the event that the parties are unable to reach a resolution, theCourt set an expedited briefing schedule as follows: Respondent's Supplemental Opposition will be due by close of business Thursday, September 2, 2010 and the Court will issue a decision no later than Friday, September 3, 2010, as to whether petitioners may amend the Petition.Court Recorder: RS-4 8-30-10. (am) (Entered: 09/02/2010)

Aug. 30, 2010

Aug. 30, 2010

PACER
41

OPPOSITION to Objection filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
43

APPLICATION of Non-Resident Attorney Matt Adams to appear on behalf of Petitioner Jose Antonio Franco-Gonzalez, and designating Ahilan T. Arulanantham as local counsel. (PHV FEE PAID.) (gk) (Entered: 09/07/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
44

ORDER by Judge Dolly M. Gee granting Application of Non-Resident Attorney Matt Adams to appear on behalf of Petitioner Jose Antonion Franco-Gonzalez 43, designating Ahilan T. Arulanantham as local counsel. (gk) (Entered: 09/07/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
42

MINUTES (IN CHAMBERS) ORDER by Magistrate Judge David T Bristow: denying without prejudice petitioner's 35 Ex Parte Application to Amend/Correct. (See document for specifics) (mrgo) (Entered: 09/07/2010)

Sept. 3, 2010

Sept. 3, 2010

PACER
45

NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 filed by Plaintiffs Jose Antonio Franco-Gonzalez. Motion set for hearing on 10/18/2010 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Proposed Order)(Arulanantham, Ahilan) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
46

OPPOSITION to MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 45 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

PACER
47

REPLY in Support of MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 45 filed by Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 Exhibit 56)(Steinberg, Michael) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
48

EX PARTE APPLICATION for Leave to File Surreply filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Surreply, # 2 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 10/12/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
49

MINUTE ORDER IN CHAMBERS by Judge Dolly M. Gee: re: Notice of Filing Fee Due (PHV) 33 . On August 19, 2010, the Clerk for the U.S. District Court issued a notice to attorney Riddhi Mukopadhyay advising that his Pro Hac Vice Application fee had not been paid. As of the date of this minute order, the Pro Hac Vice application fee of $275 remains unpaid. If counsel fails to pay within 21 days of this notice, the Clerk is directed to remove the applicants name and address information from the docket. If the applicant believes payment has been satisfied, please provide proof of payment to the Fiscal Department. (cbr) (Entered: 10/13/2010)

Oct. 12, 2010

Oct. 12, 2010

PACER
50

ORDER GRANTING RESPONDENTS' EX PARTE APPLICATION FOR LEAVE TO FILE SURREPLY by Judge Dolly M. Gee: Respondents' Ex Parte Application for Leave to File a Surreply to Petitioner's Reply in Support of their Motion for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint 48 is GRANTED, and Respondents shall be granted leave to file a Surreply to Petitioner's Reply. (gk) (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
51

REPLY in opposition to MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 MOTION for Review of Magistrate Judge's Decision Denying Ex Parte Application to Amend Complaint re Order on Ex Parte Application to Amend/Correct 42 45 (SURREPLY) filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
52

NOTICE of Appearance filed by attorney Neelam Ihsanullah on behalf of Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano (Ihsanullah, Neelam) Modified on 7/27/2011 (gk). (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
53

MINUTES OF Motion for Review; Motion Hearing held before Judge Dolly M. Gee:RE PLAINTIFF'S MOTION FOR REVIEW OF MAG. JUDGE'S DECISION DENYING EX PARTE APPLICATION TO AMEND COMPLAINT 45 .Tentative ruling is handed out to all counsel. The Court invites counsel to respond to the tentative ruling granting plaintiff's motion for review of Magistrate Judge's decision. Following oral argument, the Court advises counsel that the motion is taken under submission and a written order will issue.Court Reporter: Anne Kielwasser. (lc) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
54

ORDER by Judge Dolly M. Gee: granting (1) Petitioners Motion for Review of Magistrate Judge Bristows September 3 Ruling is GRANTED 45 ; (2) Petitioner shall have 15 days from the date of this Order to file an amended complaint; and(3) Respondents shall have 15 days from the service of an amended complaintto file a responsive pleading. (lc) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

RECAP
64

FIRST AMENDED CLASS ACTION COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS against Defendants Eric H. Holder, Jr., Attorney General, Thomas G. Snow, Acting Director of the Executive Office of Immigration Review, Janet Napolitano, Secretary of Homeland Security, John Morton, Assistant Secretary of U.S. Immigration and Customs Enforcement, and Timothy S. Robbins, Field Office Director for the Los Angeles District of U.S. Immigration and Customs Enforcement; Party Trey Lund terminated; re Petition for Writ of Habeas Corpus (2241) 1 ; filed by Plaintiffs-Petitioners Jose Antonio Franco-Gonzalez, Ever Francisco Martinez-Rivas, Aleksandr Petrovich Khukhryanskiy, Maksim Zhalezny, Jose Chavez, and Jonas Woldemariam on behalf of themselves and all others similarly situated. (Attachments: # 1 Issued Summons on First Amended Complaint)(gk) (Entered: 11/17/2010)

1 Issued Summons on First Amended Complaint

View on PACER

Nov. 2, 2010

Nov. 2, 2010

PACER

15-Day Summons Issued re First Amended Class Action Complaint 64 as to Defendants-Respondents Eric H. Holder, Jr., Attorney General, Thomas G. Snow, Acting Director of the Executive Office of Immigration Review, Janet Napolitano, Secretary of Homela nd Security, John Morton, Assistant Secretary of U.S. Immigration and Customs Enforcement, and Timothy S. Robbins, Field Office Director for the Los Angeles District of U.S. Immigration and Customs Enforcement. (gk)

Nov. 2, 2010

Nov. 2, 2010

PACER
55

PROOF OF SERVICE filed by Plaintiffs-Petitioners Jose Antonio Franco-Gonzalez, served on 11/2/10. (Attachments: # 1 Declaration)(Arulanantham, Ahilan) (Entered: 11/03/2010)

Nov. 3, 2010

Nov. 3, 2010

PACER
59

APPLICATION for attorney Riddhi Mukhopadhyay to Appear Pro Hac Vice. (PHV FEE PAID.) filed by petitioner Jose Antonio Franco-Gonzalez. Lodged order. (mrgo) (Entered: 11/15/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
65

AMENDED NOTICE of Interested Parties filed by Plaintiffs-Petitioners Jose Antonio Franco-Gonzalez, Ever Francisco Martinez-Rivas, Aleksandr Petrovich Khukhryanskiy, Maksim Zhalezny, Jose Chavez, and Jonas Woldemariam. (gk) (Entered: 11/17/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
74

ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE by Judge Dolly M. Gee: granting 59 Application to Appear Pro Hac Vice by Attorney Riddi Mukhopadhyay on behalf of Plaintiff Jose Antonio Franco-Gonzalez, et al., designating Ahilan Arulanantham as local counsel. (ag) (Entered: 11/23/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
56

STIPULATION for Extension of Time to File Answer filed by Defendants Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
57

EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs filed by Plaintiffs & Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 Exhibit 57-63, # 2 Exhibit 64, # 3 Exhibit 65, # 4 Exhibit 66, # 5 Exhibit 67, # 6 Exhibit 68, # 7 Exhibit 69, # 8 Exhibit 70, # 9 Exhibit 71, # 10 Exhibit 72, # 11 Exhibit 73, # 12 Exhibit 74, # 13 Exhibit 75, # 14 Exhibit 76, # 15 Request for Judicial Notice, # 16 Proposed Order For Temporary Restraining Order, # 17 Proposed Order For Preliminary Injunction)(Steinberg, Michael) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
58

APPLICATION to Exceed Page Limitation Memorandum in Support of Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs & Petitioners Jose Antonio Franco-Gonzalez. Application set for hearing on 12/13/2010 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Proposed Order Allowing Plaintiffs to Extend Page Limit)(Steinberg, Michael) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
60

EX PARTE APPLICATION to Expedite Discovery in Support of Preliminary Injunction Hearing filed by Plaintiffs and Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 Exhibit 77 - 30(b)(6) Deposition Notice, # 2 Exhibit 78 - First Set of Document Requests, # 3 Declaration of Ahilan T. Arulanantham, # 4 Proposed Order)(Steinberg, Michael) (Entered: 11/15/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
61

OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs 57 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
62

EXPARTE APPLICATION for Extension of Time to File Response to Plaintiffs' Ex Parte Application for Expedited Discovery filed by defendants Eric Holder, Trey Lund, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 11/16/2010)

Nov. 16, 2010

Nov. 16, 2010

PACER
63

Opposition re: EXPARTE APPLICATION for Extension of Time to File Response to Plaintiffs' Ex Parte Application for Expedited Discovery 62 filed by Petitioner Jose Antonio Franco-Gonzalez. (Attachments: # 1 Exhibit 79)(Steinberg, Michael) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
66

REPLY in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs 57 filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Arulanantham, Ahilan) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
67

ORDER ALLOWING PLAINTIFFS MARTINEZ-RIVAS AND KHUKHRYANSKIY'S TO FILE A MEMORANDUM OF 42 PAGES IN CONNECTION WITH THEIR MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Judge Dolly M. Gee: Upon Plaintiffs' Application 58, IT IS HEREBY ORDERED that: (1) The Expedited Relief Plaintiffs are hereby granted permission to file a 42-page memorandum in support of their motion for a temporary restraining order and a preliminary injunction. (2) Defendants are also granted a corresponding extension of 17 additional pages for their opposition brief, thereby extending the page limit from 25 pages to 42 pages. (gk) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
68

ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR EXTENSION OF TIME TO RESPOND by Judge Dolly M. Gee: The Court GRANTS Defendants' Ex Parte Application 62 as follows: IT IS ORDERED that defendants shall file a response to plaintiffs' ex parte application for expedited discovery 60 on or before 11/19/2010 at 6 PM. (gk) (Entered: 11/18/2010)

Nov. 18, 2010

Nov. 18, 2010

PACER
69

NOTICE of Information Regarding Plaintiff Martinez-Rivas' BIA Briefing Deadline filed by Plaintiffs Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Attachments: # 1 Exhibit)(Arulanantham, Ahilan) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
70

Opposition re: EX PARTE APPLICATION to Expedite Discovery in Support of Preliminary Injunction Hearing 60 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow. (Attachments: # 1 Exhibit A)(Ihsanullah, Neelam) Modified on 7/27/2011 (gk). (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

PACER
71

REPLY in Support of EX PARTE APPLICATION to Expedite Discovery in Support of Preliminary Injunction Hearing 60 filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Attachments: # 1 Exhibit)(Arulanantham, Ahilan) (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
72

EXPARTE APPLICATION for Extension of Time to File response to motion for preliminary injunction filed by defendants Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow. (Attachments: # 1 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 11/22/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
73

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) 70 . The following error(s) was found: Local Rule 11-8 Memorandum brief exceeding 10 pages shall contain table of contents. 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. (ag) (Entered: 11/23/2010)

Nov. 22, 2010

Nov. 22, 2010

PACER
75

STIPULATION for Extension of Time to File Response and Reply as to EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs 57 filed by defendants Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow. (Attachments: # 1 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
76

NOTICE of Addendum filed by Defendants-Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow. (Attachments: # 1 Exhibit Addendum)(Ihsanullah, Neelam) Modified on 7/27/2011 (gk). (Entered: 11/23/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
77

ANSWER to Amended Complaint,,, 64 filed by defendants Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow.(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
78

MINUTES OF IN CHAMBERS - ORDER (1) GRANTING EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, (2) DENYING EX PARTE APPLICATION FOR EXPEDITED DISCOVERY, AND (3) DENYING EX PARTE APPLICATION FOR EXTENSION OF TIME by Judge Dolly M. Gee: Plaintiffs' TRO Application 57 is GRANTED as follows: Defendants, and their officers, agents, servants, employees, and attorneys, and all persons in active concert or participation with them, are restrained and enjoined from proceeding against Plaintiffs Ever Francisco Martinez-Rivas and Aleksandr Petrovich Khukhryanskiy in their respective proceedings before the Board of Immigration Appeals, pending a hearing on the Expedited Relief Plaintiffs' Motion for a Preliminary Injunction before this Court. Plaintiffs' Expedited Discovery Application 60 is DENIED without prejudice. The parties shall meet and confer by no later than 11/26/2010 to narrow the expedited discovery requests solely to those issues relevant to the Motion for a Preliminary Injunction. If the parties are unable to agree upon the relevant discovery to be produced, the parties shall file a joint report to the Court of no more than 10 pages in length identifying the areas of dispute in the discovery requests by no later than 11/30/2010 and, if necessary, shall participate in a telephone conference with the Court on 11/30/2010 at 10:00 AM. Absent a stipulation by the parties for an alternative briefing schedule, Defendants shall have until 12/1/2010 to file a brief in opposition to Plaintiff's Motion for a Preliminary Injunction. Plaintiffs shall have until 12/3/2010 to file a brief in reply to Defendants' opposition to Plaintiff's Motion for a Preliminary Injunction. The hearing on Plaintiff's Motion for a Preliminary Injunction shall be advanced to 12/8/2010 at 2:00 PM. Defendants' Ex Parte Application for Extension of Time 72 is DENIED as moot. Court Reporter: Not Reported. (gk) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

PACER
79

MINUTES OF IN CHAMBERS - ORDER REQUIRING ADDITIONAL BRIEFING by Judge Dolly M. Gee: On 11/24/2010, the Court issued an order granting the Ex Parte Application for Temporary Restraining Order ("TRO") filed by Plaintiffs Aleksandr Petrovich Khukhryanskiy and Ever Francisco Martinez-Rivas 78 . In their briefs, the parties neglected to address the security for the issuance of the TRO. Pursuant to Fed. R. Civ. P. 65(c), the Court may issue a temporary restraining order "only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." In light of the foregoing, the parties shall be prepared to address the security at the Telephonic Status Conference set for 11/30/2010 10:00 AM before Judge Dolly M. Gee. Court Reporter: Not Reported. (gk) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
80

STATUS REPORT on Application for Expedited Discovery filed by Respondent Eric Holder, Petitioners Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas. (Attachments: # 1 Exhibit Exhibits A - C)(Steinberg, Michael) Modified on 7/27/2011 (gk). (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
81

MINUTES OF Telephonic Status Conference - Plaintiffs' Ex Parte Application for Expedited Discovery 60 ; Bond Requirement Under F.R.Civ.P. 65(c) 79 held before Judge Dolly M. Gee: On 11/29/2010, the parties filed a Joint Report Regarding Plaintiffs' Ex Parte Application for Expedited Discovery 80 . Although the parties met and conferred and were able to narrow some of their disputes, they were not able to consummate an agreement as to all the requested relief in Plaintiffs' renewed Expedited Discovery Application. Defendants shall produce documents pertaining to Plaintiffs Aleksandr Petrovich Khukhryanskiy and Ever Francisco Martinez-Rivas ("Expedited Relief Plaintiffs") pursuant to Document Requests #1-8 as narrowed during the parties' "meet and confer" process by no later than 12/2/2010 at noon. Expedited Relief Plaintiffs shall provide Defendants with at least a faxed or email copy of their executed privacy waivers by 12/2/2010 at noon. The Court denies Plaintiffs' request to take the deposition of Robert Mason, the officer whom the Immigration Judge appointed to "assist" in the representation of Mr. Khukhryanskiy. Defendants request that the Court require the Expedited Relief Plaintiffs to post a bond in the amount of $2,660. The Court hereby waives the bond requirement. See document for details. Court Reporter: Anne Kielwasser. (gk) (Entered: 12/01/2010)

Nov. 30, 2010

Nov. 30, 2010

PACER
82

NOTICE OF LODGING filed re Stipulated Protective Order re Telephone Conference,,,,, 81 (Attachments: # 1 Proposed Order)(Go, Samuel) Modified on 7/27/2011 (gk). (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
83

Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs 57 filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow. (Attachments: # 1 Exhibits 1-8, # 2 Declarations 1-3)(Ihsanullah, Neelam) Modified on 7/27/2011 (gk). (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
84

STIPULATED PROTECTIVE ORDER for discovery produced pursuant to plaintiffs' motion for preliminary injunction by Judge Dolly M. Gee. (SEE DOCUMENT FOR FURTHER DETAILS). (vv) (Entered: 12/03/2010)

Dec. 3, 2010

Dec. 3, 2010

PACER
85

SEALED DOCUMENT - REPLY in Support of EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs 57 filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Attachments: # 1 Exhibit, # 2 Request for Judicial Notice, # 3 Exhibit, # 4 Declaration)(Arulanantham, Ahilan) Modified on 12/10/2010 (gk). (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
86

NOTICE of Manual Filing filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny of Petitioners' Reply ISO PI Motion, Declaration of Ahilan T. Arulanantham, Exhibits. (Arulanantham, Ahilan) (Entered: 12/06/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
88

EX PARTE APPLICATION to file plaintiffs Martinez-Rivas and Khukhryanskiy's reply 85 in support of motion for preliminary injunction under seal. Filed by petitioner Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas. (Lodged Proposed Order)(vv) (Entered: 12/08/2010)

Dec. 6, 2010

Dec. 6, 2010

PACER
87

NOTICE of Changed Circumstance filed by Plaintiffs Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Arulanantham, Ahilan) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
89

MINUTES OF Motion Hearing held before Judge Dolly M. Gee: The Court hears oral argument regarding issues raised in the Motion for Preliminary Injunction 26 . Following discussions with counsel, the Court extends the Temporary Restraining Order until 12/22/2010. The parties shall meet and confer re a possible informal resolution of all or a portion of the issues raised on the motion for preliminary injunction and shall report to the Court regarding the status of their mediation efforts as expeditiously as possible but by no later than 12/17/2010. If necessary, the parties may notify the Court if they require assistance in identifying a mediator. Defendants may file a supplemental brief re Plaintiffs' Criminal Justice Act argument by no later than 12/15/2010 at noon. Plaintiffs may file a supplemental brief re Defendants' Rehabilitation Act administrative exhaustion argument by no later than 12/15/2010 at noon. The parties may file a response to the supplemental briefs by 12/17/2010. Thereafter, the motion for preliminary injunction will stand submitted and a written order will issue. Court Reporter: Anne Kielwasser. (gk) (Entered: 12/13/2010)

Dec. 8, 2010

Dec. 8, 2010

RECAP
90

ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO FILE PLAINTIFFS MARTINEZ-RIVAS AND KHUKHRYANSKIY'S REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF AHILAN T. ARULANANTHAM; EXHIBITS IN SUPPORT THEREOF UNDER SEAL by Judge Dolly M. Gee: Plaintiffs' Ex Parte Application to File Plaintiffs Martinez-Rivas and Khukhryanskiy's Reply in Support of Motion for Preliminary Injunction; Declaration of Ahilan T. Arulanantham; Exhibits in Support Thereof Under Seal 88 is GRANTED and said documents 85 are hereby sealed. (gk) (Entered: 12/13/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
91

SEALED DOCUMENT- Declaration of Ahilan T. Arulanantham in Support of Plaintiffs Martinez-Rivas and Khukhryanskiy's Reply in Support of Motion for Preliminary Injunction. (mat) (Entered: 12/14/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
92

AMENDED ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION TO FILE PLAINTIFFS MARTINEZ-RIVAS AND KHUKHRYANSKIY'S REPLY IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION; DECLARATION OF AHILAN T. ARULANANTHAM; EXHIBITS IN SUPPORT THEREOF UNDER SEAL 90 by Judge Dolly M. Gee: Plaintiffs' Ex Parte Application to File Plaintiffs Martinez-Rivas and Khukhryanskiy's Reply in Support of Motion for Preliminary Injunction; Declaration of Ahilan T. Arulanantham; Exhibits in Support Thereof Under Seal 88, is GRANTED and said documents 85 are hereby sealed. (gk) (Entered: 12/14/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
93

SEALED DOCUMENT- Plaintiffs Martinez-Rivas and Khukhryanskiy's Reply in Support of Motion for Preliminary Injunction. (Attachments: Part 2, Part 3, Part 4)(mat) (Entered: 12/14/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
94

SUPPLEMENT re: Criminal Justice Act in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow. (Ihsanullah, Neelam) Modified on 7/27/2011 (gk). (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
95

SUPPLEMENT filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Arulanantham, Ahilan) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
96

SUPPLEMENT to Supplement (non-motion) 95 filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny. (Attachments: # 1 Exhibit)(Arulanantham, Ahilan) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
97

REPLY filed by Respondents Eric Holder, Trey Lund, John T. Morton, Janet Napolitano, Timothy S Robbins, Thomas G Snow to Supplement (non-motion) 95 on the Rehabilitation Act (Ihsanullah, Neelam) Modified on 7/27/2011 (gk). (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
98

REPLY filed by Petitioners Jose Chavez, Jose Antonio Franco-Gonzalez, Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas, Jonas Woldemariam, Maksim Zhalezny to Supplement(Motion related) 94 (Attachments: # 1 Exhibit)(Arulanantham, Ahilan) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
99

JOINT STATEMENT of Meet-and-Confer on Preliminary Injunction EX PARTE APPLICATION for Temporary Restraining Order as to Expedited Relief Plaintiffs 57 filed by Petitioners Aleksandr Petrovich Khukhryanskiy, Ever Francisco Martinez-Rivas. (Steinberg, Michael) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 26, 2010

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of individuals with severe mental disabilities or illnesses, detained by U.S. Immigration and Customs Enforcement, denied hearings to determine competency and forced to represent themselves at immigration hearings, and held in detention for long periods.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Southern California

Northwest Immigrant Rights Project (NWIRP)

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Habeas relief

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 9,500,000

Order Duration: 2014 - None

Content of Injunction:

Discrimination Prohibition

Monitoring

Preliminary relief granted

Reasonable Accommodation

Reporting

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Confinement/isolation

Deinstitutionalization/decarceration

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Quality of representation

Reasonable Accommodations

Timeliness of case assignment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Immigration lawyers

Status/Classification