Case: Franco-Gonzalez v. Holder

Franco-Gonzales v. Holder

Franco-Gonzalez v. Napolitano

Franco-Gonzalez v. Napolitano

Franco-Gonzalez v. Napolitano

No Court

Franco-Gonzalez v. Napolitano

No Court

Franco-Gonzalez v. Napolitano

No Court

American Civil Liberties Union

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)

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

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

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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

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

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Proposed Order

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)