Case: Abadia-Peixoto v. DHS

3:11-cv-04001 | U.S. District Court for the Northern District of California

Filed Date: Aug. 15, 2011

Closed Date: April 10, 2017

Clearinghouse coding complete

Case Summary

On August 15, 2011, civil immigration detainees filed this lawsuit in the U.S. District Court for Northern District of California. The plaintiffs filed under the Declaratory Judgment Act and 42 U.S.C. § 1983, against the Immigration and Customs Enforcement ("ICE") and the Executive Office of Immigration Review ("EOIR") for violating the Due Process Clause. Plaintiffs, represented by attorneys at the American Civil Liberties Union of Northern California (ACLU), the Lawyers Committee for Civil Ri…

On August 15, 2011, civil immigration detainees filed this lawsuit in the U.S. District Court for Northern District of California. The plaintiffs filed under the Declaratory Judgment Act and 42 U.S.C. § 1983, against the Immigration and Customs Enforcement ("ICE") and the Executive Office of Immigration Review ("EOIR") for violating the Due Process Clause. Plaintiffs, represented by attorneys at the American Civil Liberties Union of Northern California (ACLU), the Lawyers Committee for Civil Rights of the San Francisco Bay Area, and private counsel, challenged ICE's blanket policy of shackling all adult detainees for the duration of immigration court proceedings in San Francisco. They claimed the policy violated the Fifth Amendment and sought class certification and declaratory and injunctive relief.

According to the complaint, ICE adopted a practice of shackling all immigration detainees in its custody, in court, without conducting an individualized review of the need for restraints. The complaint further noted that during master calendar hearings, immigration detainees are often chained to each another in a “daisy chain.” The plaintiffs alleged that the restraints caused physical and emotional pain and discomfort and also impaired their ability to participate fully in their immigration proceedings. When “daisy-chained,” the attorney-client relationship could be impaired because plaintiffs were forced to choose between disclosing personal facts within hearing distance of other detainees or withholding information from counsel that could be critical to their case.

On December 23, 2011, the District Court (Judge Richard Seeborg) granted plaintiffs' motion for class certification and denied defendants' motion for summary judgment. De Abadia-Peixoto v. DHS, 277 F.R.D. 572 (N.D. Cal. 2011). The court certified the class as “all current and future adult immigration detainees who have or will have proceedings in immigration court in San Francisco.” The court rejected the defendants' argument that the plaintiffs' claims were not ripe, holding that "while the plaintiffs' particular hearings may not yet have occurred, they have sufficiently alleged facts showing a concrete threat of imminent conduct presenting a ripe controversy that can be adjudicated." The court also rejected the defendants' argument that the claims were foreclosed by the Ninth Circuit's decision in United States v. Howard, 480 F.3d 1005 (9th Cir. 2007), which held that a different shackling policy was legal. The court found that Howard did not stand for the rule that blanket shackling is always allowed if no jury is present. In the same order, the court denied the motion of the Asian Law Caucus, Centro Legal De La Raza, and Dolores Street Community Services for leave to file an amicus curiae brief in support of opposition to the motion to dismiss. The court found that as the motion to dismiss presented purely legal issues, proposed amici’s perspectives were not especially relevant at this stage of the proceedings.

On March 20, 2012, the case was referred to Magistrate Judge Laurel Beeler for settlement. While settlement conferences proceeded with Magistrate Judge Beeler, the case was also referred to Magistrate Judge Kandis A. Westmore for discovery, who ruled on a number of discovery disputes throughout 2012 and 2013. In late December 2013, the parties moved for preliminary approval of a settlement agreement, and on January 23, 2014, Judge Seeborg preliminarily approved the settlement. After a fairness hearing, Judge Seeborg approved the settlement agreement on April 10, 2014. The agreement stipulated that the defendants would no longer restrain all detainees and instead only shackle those who demonstrated “combative, disruptive, violent, or threatening” behavior. Detainees who were restrained would also be allowed to request that the restraints be removed or lessened. The defendants agreed to monitor their officers to ensure that these terms would be followed. Finally, the defendants agreed to pay $350,000 in attorneys’ fees. On April 10, 2014, the court approved the settlement agreement and dismissed the case but retained jurisdiction to enforce the settlement agreement for three years.

The court's jurisdiction to enforce the settlement agreement has lapsed, and there has been no activity on the case's docket since this agreement was accepted. Therefore, this case is closed.

Summary Authors

Jennifer Bronson (10/6/2013)

Allison Hight (1/6/2016)

Sean Whetstone (6/25/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4178565/parties/de-abadia-peixoto-v-united-states-department-of-homeland-security/


Judge(s)

Beeler, Laurel (California)

Seeborg, Richard G. (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Berger, David J. (California)

Chavez, Paul R (California)

Daniel, Audrey (California)

Goldfaden, Robin Lisa (California)

Hwang, Philip Kim (California)

Iyengar, Savith S. (California)

Kim, Angie Young (California)

Judge(s)

Beeler, Laurel (California)

Seeborg, Richard G. (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Berger, David J. (California)

Chavez, Paul R (California)

Daniel, Audrey (California)

Goldfaden, Robin Lisa (California)

Hwang, Philip Kim (California)

Iyengar, Savith S. (California)

Kim, Angie Young (California)

Martin, Thomas James (California)

Mass, Julia Harumi (California)

Moreno, Catherine Eugenia (California)

Pratt, Analisa M (California)

Sanchez, Briza (California)

Schlosser, Alan Lawrence (California)

Zhao, Jingni (California)

Attorneys(s) for Defendant

Atkinson, Theodore W (District of Columbia)

Bauer, Jeffrey Michael (District of Columbia)

Delery, Stuart F. (District of Columbia)

Go, Samuel P. (District of Columbia)

Hollis, Christopher W. (District of Columbia)

Kline, David J. (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Reuveni, Erez (District of Columbia)

Wilson, Sarah S. (District of Columbia)

Other Attorney(s)

Slenkovich, Keith Leonard (California)

Documents in the Clearinghouse

Document

Docket [PACER]

De Abadia−Peixoto v. DHS

April 10, 2014 Docket
1

Class Action (Civil Rights) Complaint

De Abadia-Peixoto v. Napolitano

Aug. 15, 2011 Complaint
52

Order Denying Motion to Dismiss and Granting Motion to Certify Class

De Abadia-Peixoto v. DHS

277 F.R.D. 572

Dec. 23, 2011 Order/Opinion
203-3

Settlement Agreement

Dec. 19, 2013 Settlement Agreement
209

Plaintiffs' Unopposed Notice of Motion, Motion, and Memorandum of Points and Authorities in Support of Final Approval of Class Action Settlement

March 6, 2014 Pleading / Motion / Brief
209-1

Final Order and Stipulated Dismissal

April 10, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4178565/de-abadia-peixoto-v-united-states-department-of-homeland-security/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT against Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement ( Filing fee $ 350, receipt number 34611063458.). Filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Mi Lian Wei, Pedro Nolasco Jose. (Attachments: # 1 Civil Cover Sheet)(vlk, COURT STAFF) (Filed on 8/15/2011) (Additional attachment(s) added on 8/18/2011: # 1 Civil Cover Sheet) (vlk, COURT STAFF). (Entered: 08/17/2011)

1 Civil Cover Sheet

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Aug. 15, 2011 RECAP
2

Summons Issued as to Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (vlk, COURT STAFF) (Filed on 8/15/2011) (Entered: 08/17/2011)

Aug. 15, 2011 PACER
3

ADR SCHEDULING ORDER: Case Management Statement due by 11/23/2011. Case Management Conference set for 11/30/2011 01:30 PM. (Attachments: # 1 Standing Order)(vlk, COURT STAFF) (Filed on 8/15/2011) (Entered: 08/17/2011)

1 Standing Order

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Aug. 15, 2011 PACER
4

Summons Returned Unexecuted by Esmar Cifuentes, Uelian De Abadia-Peixoto, Mi Lian Wei, Pedro Nolasco Jose as to Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pratt, Analisa) (Filed on 8/17/2011) (Entered: 08/17/2011)

Aug. 17, 2011 PACER
5

MOTION to Certify Class filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. Motion Hearing set for 10/27/2011 11:00 AM before Magistrate Judge Donna M. Ryu. Responses due by 8/31/2011. Replies due by 9/7/2011. (Attachments: # 1 Proposed Order)(vlk, COURT STAFF) (Filed on 8/17/2011) Modified on 10/14/2011 (gba, COURT STAFF). (Entered: 08/18/2011)

1 Proposed Order

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Aug. 17, 2011 PACER
6

MEMORANDUM in Support re 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
7

Declaration of Paul R. Chavez in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
8

Declaration of Julia Harumi Mass in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
9

Declaration of Mi Lian Lei in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
10

Declaration of Pedro Nolasco Jose in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
11

Declaration of Uelian De Abadia-Peixoto in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
12

Declaration of Esmar Cifuentes in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

Aug. 17, 2011 PACER
13

Declaration of Savith S. Iyengar in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) (Entered: 08/18/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Aug. 17, 2011 PACER
14

Declaration of David J. Berger in Support of 5 MOTION to Certify Class filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit 1)(Related document(s) 5 ) (vlk, COURT STAFF) (Filed on 8/17/2011) Modified on 8/22/2011 (vlk, COURT STAFF). (Entered: 08/18/2011)

1 Exhibit 1

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Aug. 17, 2011 PACER
15

Summons Issued as to Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (vlk, COURT STAFF) (Filed on 8/18/2011) (Entered: 08/18/2011)

Aug. 18, 2011 PACER
16

CLERK'S NOTICE TO PLAINTIFFS re: Consent or Declination to Proceed before a U.S. Magistrate Judge (ig, COURT STAFF) (Filed on 8/18/2011) (Entered: 08/19/2011)

Aug. 18, 2011 PACER
17

CERTIFICATE OF SERVICE by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei (Pratt, Analisa) (Filed on 8/19/2011) (Entered: 08/19/2011)

Aug. 19, 2011 PACER
18

NOTICE of Appearance by Theodore W Atkinson (Atkinson, Theodore) (Filed on 8/25/2011) (Entered: 08/25/2011)

Aug. 25, 2011 PACER
19

NOTICE of Appearance by Jeffrey Michael Bauer (Bauer, Jeffrey) (Filed on 8/25/2011) (Entered: 08/25/2011)

Aug. 25, 2011 PACER
20

CONSENT to Proceed Before a US Magistrate Judge by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei.. (Berger, David) (Filed on 8/25/2011) (Entered: 08/25/2011)

Aug. 25, 2011 PACER
21

CLERK'S NOTICE TO DEFENDANTS re: Consent or Declination to proceed before a U.S. Magistrate Judge (ig, COURT STAFF) (Filed on 9/1/2011) (Entered: 09/01/2011)

Sept. 1, 2011 PACER
22

Declination to Proceed Before a U.S. Magistrate Judge by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bauer, Jeffrey) (Filed on 9/8/2011) (Entered: 09/08/2011)

Sept. 8, 2011 PACER
23

MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification and To Extend the Date for the Hearing on the Motion filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Bauer, Jeffrey) (Filed on 9/8/2011) (Entered: 09/08/2011)

1 Declaration

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2 Proposed Order

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Sept. 8, 2011 PACER
24

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 9/8/2011) (Entered: 09/09/2011)

Sept. 8, 2011 PACER
25

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Richard Seeborg for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Judge the Executive Committee on September 12, 2011. (cjl, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)

Sept. 12, 2011 PACER
26

CLERKS NOTICE SCHEDULING A CASE MANAGEMENT CONFERENCE. Case Management Conference set for 12/1/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (cl, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)

Sept. 12, 2011 PACER
27

RESPONSE (re 23 MOTION for Extension of Time to File Opposition to Plaintiffs' Motion for Class Certification and To Extend the Date for the Hearing on the Motion ) filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 9/12/2011) (Entered: 09/12/2011)

Sept. 12, 2011 PACER
28

Declaration of David J. Berger in Support of 27 Opposition/Response to Motion, filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Related document(s) 27 ) (Berger, David) (Filed on 9/12/2011) (Entered: 09/12/2011)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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Sept. 12, 2011 PACER
29

ORDER RE SCHEDULING. Signed by Judge Richard Seeborg on 9/12/11. (cl, COURT STAFF) (Filed on 9/12/2011) (Entered: 09/12/2011)

Sept. 12, 2011 RECAP
30

STIPULATION and [Proposed] Order Setting Briefing Schedule for Plaintiffs' Motion for Class Certification and Defendants' Motion to Dismiss by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 9/27/2011) (Entered: 09/27/2011)

Sept. 27, 2011 PACER
31

STIPULATION AND ORDER RE 30 SETTING BRIEFING SCHEDULE FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION TO DISMISS Stipulation, filed by Uelian De Abadia-Peixoto, Esmar Cifuentes, Mi Lian Wei, Pedro Nolasco Jose Signed by Judge Richard Seeborg on 9/27/11. (cl, COURT STAFF) (Filed on 9/27/2011) (Entered: 09/27/2011)

Sept. 27, 2011 RECAP
32

NOTICE of Appearance by Erez R Reuveni (Reuveni, Erez) (Filed on 10/11/2011) (Entered: 10/11/2011)

Oct. 11, 2011 PACER
33

MOTION to Dismiss filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Motion Hearing set for 11/17/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 11/1/2011. Replies due by 11/10/2011. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Reuveni, Erez) (Filed on 10/11/2011) (Entered: 10/11/2011)

1 Exhibit

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2 Exhibit

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3 Proposed Order

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Oct. 11, 2011 PACER
34

RESPONSE (re 5 MOTION to Certify Class ) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Jeffrey M. Bauer, # 2 Exhibit A to Bauer Decl., # 3 Exhibit B to Bauer Decl., # 4 Exhibit C to Bauer Decl., # 5 Proposed Order)(Bauer, Jeffrey) (Filed on 10/14/2011) (Entered: 10/14/2011)

1 Declaration of Jeffrey M. Bauer

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2 Exhibit A to Bauer Decl.

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3 Exhibit B to Bauer Decl.

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4 Exhibit C to Bauer Decl.

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5 Proposed Order

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Oct. 14, 2011 PACER
35

REPLY (re 5 MOTION to Certify Class ) filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 10/24/2011) (Entered: 10/24/2011)

Oct. 24, 2011 PACER
36

Declaration of Savith S. Iyengar in Support of 35 Reply to Opposition/Response filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit A)(Related document(s) 35 ) (Berger, David) (Filed on 10/24/2011) (Entered: 10/24/2011)

1 Exhibit A

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Oct. 24, 2011 PACER
37

MOTION for Leave to File BRIEF OF AMICUS CURIAE filed by The Asian Law Caucus, Centro Legal De La Raza, Dolores Street Community Services. (Attachments: # 1 Proposed Order Proposed Order)(Slenkovich, Keith) (Entered: 11/01/2011)

1 Proposed Order Proposed Order

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Nov. 1, 2011 RECAP
38

Brief re 37 MOTION for Leave to File BRIEF OF AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION TO DISMISS filed byCentro Legal De La Raza, Dolores Street Community Services, The Asian Law Caucus. (Related document(s) 37 ) (Slenkovich, Keith) (Filed on 11/1/2011) (Entered: 11/01/2011)

Nov. 1, 2011 RECAP
39

Request for Judicial Notice In Support of 40 Plaintiffs' Opposition to Defendants' Motion to Dismiss filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Mass, Julia) (Filed on 11/1/2011) Modified on 11/2/2011 (gba, COURT STAFF). (Entered: 11/01/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Nov. 1, 2011 PACER
40

RESPONSE (re 33 MOTION to Dismiss ) Opposition to Defendants' Motion to Dismiss filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Mass, Julia) (Filed on 11/1/2011) (Entered: 11/01/2011)

Nov. 1, 2011 PACER
41

***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT #43*** RESPONSE (re 37 MOTION for Leave to File BRIEF OF AMICUS CURIAE ) in opposition filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Reuveni, Erez) (Filed on 11/2/2011) Modified on 11/3/2011 (gba, COURT STAFF). (Entered: 11/02/2011)

1 Declaration

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2 Proposed Order

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Nov. 2, 2011 PACER
42

***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT #43*** RESPONSE (re 37 MOTION for Leave to File BRIEF OF AMICUS CURIAE ) (CORRECTED) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration Corrected Declaration, # 2 Proposed Order)(Reuveni, Erez) (Filed on 11/2/2011) Modified on 11/3/2011 (gba, COURT STAFF). (Entered: 11/02/2011)

1 Declaration Corrected Declaration

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2 Proposed Order

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Nov. 2, 2011 PACER
43

RESPONSE (re 37 MOTION for Leave to File BRIEF OF AMICUS CURIAE ) (AMENDED) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Reuveni, Erez) (Filed on 11/2/2011) (Entered: 11/02/2011)

1 Declaration

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2 Proposed Order

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Nov. 2, 2011 RECAP
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REPLY (re 37 MOTION for Leave to File BRIEF OF AMICUS CURIAE ) filed byCentro Legal De La Raza, Dolores Street Community Services, The Asian Law Caucus. (Slenkovich, Keith) (Filed on 11/4/2011) (Entered: 11/04/2011)

Nov. 4, 2011 PACER
45

REPLY (re 33 MOTION to Dismiss ) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Reuveni, Erez) (Filed on 11/10/2011) (Entered: 11/10/2011)

Nov. 10, 2011 PACER
46

Minute Entry: Motion Hearing held on 11/17/2011 before Judge Richard Seeborg; MATTER TAKEN UNDER SUBMISSION. (Date Filed: 11/17/2011) re 5 MOTION to Certify Class filed by Uelian De Abadia-Peixoto, Esmar Cifuentes, Mi Lian Wei, Pedro Nolasco Jose, 33 MOTION to Dismiss filed by Juan P. Osuna, Eric H. Holder, Jr., Janet Napolitano, United States Immigration and Customs Enforcement, Timothy Aitken, John T. Morton, Executive Office for Immigration Review, United States Department of Homeland Security. (Court Reporter Kathy Sullivan.) (cl, COURT STAFF) (Date Filed: 11/17/2011) (Entered: 11/17/2011)

Nov. 17, 2011 PACER
47

CLERKS NOTICE Rescheduling Case Management Conference. Case Management Conference set for 1/5/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (cl, COURT STAFF) (Filed on 11/17/2011) (Entered: 11/17/2011)

Nov. 17, 2011 PACER
48

MOTION to Withdraw as Attorney filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. Responses due by 12/5/2011. Replies due by 12/12/2011. (Hwang, Philip) (Filed on 11/21/2011) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
49

MOTION to Appear by Telephone At Initial Case Management Conference filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Bauer, Jeffrey) (Filed on 11/21/2011) (Entered: 11/21/2011)

1 Proposed Order

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Nov. 21, 2011 PACER
50

CLERKS NOTICE ALL PARTIES SHALLL APPEAR TELEPHONICALLY AT THE CASE MANAGEMENT CONFERENCE SET FOR JANUARY 5, 2012 AT 10:00 A.M.(cl, COURT STAFF) (Filed on 11/21/2011) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
51

ORDER granting 48 Motion to Withdraw as Attorney. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 11/21/2011) (Entered: 11/21/2011)

Nov. 21, 2011 PACER
52

ORDER by Judge Seeborg denying 33 Motion to Dismiss; denying 37 Motion for Leave to File; granting 5 Motion to Certify Class (rslc1, COURT STAFF) (Filed on 12/23/2011) (Entered: 12/23/2011)

Dec. 23, 2011 RECAP
53

JOINT CASE MANAGEMENT STATEMENT and Rule 26(f) Statement and [Proposed] Order filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Martin, Thomas) (Filed on 12/29/2011) (Entered: 12/29/2011)

Dec. 29, 2011 PACER
54

Minute Entry: Initial Case Management Conference held on 1/5/2012 before Judge Richard Seeborg (Date Filed: 1/5/2012). Further Case Management Conference set for 3/8/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (Court Reporter Not Reported.) (cl, COURT STAFF) (Date Filed: 1/5/2012) (Entered: 01/05/2012)

Jan. 5, 2012 PACER
55

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bauer, Jeffrey) (Filed on 1/17/2012) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
56

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Iyengar, Savith) (Filed on 1/17/2012) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
57

ANSWER to Complaint byTimothy Aitken, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Atkinson, Theodore) (Filed on 1/23/2012) (Entered: 01/23/2012)

Jan. 23, 2012 PACER
58

NOTICE of Appearance by Sarah Stevens Wilson (Wilson, Sarah) (Filed on 2/9/2012) (Entered: 02/09/2012)

Feb. 9, 2012 PACER
59

MOTION to Withdraw as Attorney filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. Responses due by 3/2/2012. Replies due by 3/9/2012. (Hwang, Philip) (Filed on 2/17/2012) (Entered: 02/17/2012)

Feb. 17, 2012 PACER
60

ORDER GRANTING MOTION TO WITHDRAW ATTORNEY. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 2/17/2012) (Entered: 02/17/2012)

Feb. 17, 2012 PACER
61

CLERKS NOTICE All parties shall appear telephonically at the Case Management Conference scheduled on March 8, 2012. (rslc3, COURT STAFF) (Filed on 2/28/2012) (Entered: 02/28/2012)

Feb. 28, 2012 PACER
62

CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Moreno, Catherine) (Filed on 3/1/2012) (Entered: 03/01/2012)

March 1, 2012 PACER
63

Minute Entry: Further Case Management Conference held on 3/8/2012 before Judge Richard Seeborg (Date Filed: 3/8/2012). (Court Reporter Not reported.) (cl, COURT STAFF) (Date Filed: 3/8/2012) (Entered: 03/08/2012)

March 8, 2012 PACER
64

CASE MANAGEMENT SCHEDULING ORDER. Further Case Management Conference set for 10/4/2012 10:00 AM; Pretrial Conference set for 4/11/2013 10:00 AM; Jury Selection set for 4/22/2013 09:00 AM; Jury Trial set for 4/22/2013 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 3/9/12. (cl, COURT STAFF) (Filed on 3/9/2012) (Entered: 03/09/2012)

March 9, 2012 RECAP
65

Letter from Joint Parties re Mediation Magistrate Judge Selection. (Moreno, Catherine) (Filed on 3/16/2012) (Entered: 03/16/2012)

March 16, 2012 PACER
66

ORDER REFERRING CASE to Magistrate Judge Beeler for Settlement. Signed by Judge Richard Seeborg on 3/21/12. (cl, COURT STAFF) (Filed on 3/20/2012) Modified on 3/20/2012 (cl, COURT STAFF). (Entered: 03/20/2012)

March 20, 2012 PACER
67

MOTION for Extension of Temporary Stay of Discovery Pending Scheduled Mediation filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Responses due by 3/30/2012. (Attachments: # 1 Declaration of Jeffrey M. Bauer, # 2 Proposed Order)(Bauer, Jeffrey) (Filed on 3/26/2012) (Entered: 03/26/2012)

1 Declaration of Jeffrey M. Bauer

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2 Proposed Order

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March 26, 2012 PACER
68

Notice and Order Setting Settlement Conference before Magistrate Judge Laurel Beeler. Settlement Conference set for 5/18/2012 at 9:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 3/26/2012. (lsS, COURT STAFF) (Filed on 3/26/2012) (Entered: 03/26/2012)

March 26, 2012 PACER
69

RESPONSE (re 67 MOTION for Extension of Temporary Stay of Discovery Pending Scheduled Mediation ) filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Proposed Order)(Berger, David) (Filed on 3/30/2012) (Entered: 03/30/2012)

1 Proposed Order

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March 30, 2012 PACER
70

Declaration of Catherine E. Moreno in Support of 69 Opposition/Response to Motion, filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Related document(s) 69 ) (Berger, David) (Filed on 3/30/2012) (Entered: 03/30/2012)

March 30, 2012 PACER
71

ORDER DENYING MOTION FOR EXTENSION OF DISCOVERY STAY. by Judge Richard Seeborg (cl, COURT STAFF) (Filed on 4/4/2012) (Entered: 04/04/2012)

April 4, 2012 PACER
72

STIPULATION WITH PROPOSED ORDER for Standard Litigation filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit A)(Moreno, Catherine) (Filed on 4/18/2012) (Entered: 04/18/2012)

1 Exhibit A

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April 18, 2012 PACER
73

STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Richard Seeborg on 4/19/12. (cl, COURT STAFF) (Filed on 4/19/2012) (Entered: 04/19/2012)

April 19, 2012 PACER
74

Letter from Plaintiffs Seeking to Excuse Plaintiffs Cifuentes, Wei and De Abadia-Peixoto from Attendance at Settlement Conference . (Mass, Julia) (Filed on 6/4/2012) (Entered: 06/04/2012)

June 4, 2012 PACER
75

ORDER APPROVING REQUEST; re 74 Letter filed by Uelian De Abadia-Peixoto, Esmar Cifuentes, Mi Lian Wei, Pedro Nolasco Jose. Signed by Magistrate Judge Laurel Beeler on 6/5/2012. (ls, COURT STAFF) (Filed on 6/5/2012) (Entered: 06/05/2012)

June 5, 2012 RECAP
76

Minute Entry: Settlement Conference held (Date Filed: 6/13/2012). (ls, COURT STAFF) (Date Filed: 6/13/2012) (Entered: 06/14/2012)

June 13, 2012 PACER
77

NOTICE of Appearance by Samuel P. Go (Go, Samuel) (Filed on 7/27/2012) (Entered: 07/27/2012)

July 27, 2012 PACER
78

STIPULATION WITH PROPOSED ORDER to Extend Deadlines filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Berger, David) (Filed on 8/1/2012) (Entered: 08/01/2012)

Aug. 1, 2012 PACER
79

STIPULATION WITH PROPOSED ORDER To Extend Deadlines (Amended) filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Moreno, Catherine) (Filed on 8/10/2012) (Entered: 08/10/2012)

Aug. 10, 2012 PACER
80

AMENDED JOINT STIPULATION AND ORDER RE 78 TO EXTEND DEADLINES. Pretrial Conference set for 10/24/2013 10:00 AM; Jury Selection set for 11/12/2013 09:00 AM; Jury Trial set for 11/12/2013 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 8/20/12. (cl, COURT STAFF) (Filed on 8/20/2012) (Entered: 08/20/2012)

Aug. 20, 2012 RECAP
81

Administrative Motion to File Under Seal filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Moreno, Catherine) (Filed on 8/31/2012) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
82

STIPULATION re 81 Administrative Motion to File Under Seal filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Moreno, Catherine) (Filed on 8/31/2012) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
83

MOTION for Protective Order filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Motion Hearing set for 10/25/2012 01:30 PM in Courtroom 4, 17th Floor, San Francisco before Hon. Richard Seeborg. Responses due by 9/14/2012. Replies due by 9/21/2012. (Attachments: # 1 Proposed Order, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5, # 7 Exhibit Ex. 6, # 8 Exhibit Ex. 7, # 9 Declaration Ex. 8, # 10 Declaration Ex. 9, # 11 Declaration Ex. 10)(Reuveni, Erez) (Filed on 8/31/2012) (Entered: 08/31/2012)

1 Proposed Order

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2 Exhibit Ex. 1

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3 Exhibit Ex. 2

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4 Exhibit Ex. 3

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5 Exhibit Ex. 4

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6 Exhibit Ex. 5

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7 Exhibit Ex. 6

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8 Exhibit Ex. 7

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9 Declaration Ex. 8

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10 Declaration Ex. 9

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11 Declaration Ex. 10

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Aug. 31, 2012 PACER
84

CERTIFICATE OF SERVICE by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei (Moreno, Catherine) (Filed on 8/31/2012) (Entered: 08/31/2012)

Aug. 31, 2012 PACER
85

ORDER OF REFERENCE TO MAGISTRATE JUDGE. Signed by Judge Richard Seeborg on 8/31/12. (cl, COURT STAFF) (Filed on 8/31/2012) (Entered: 08/31/2012)

Aug. 31, 2012 RECAP
86

NOTICE by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement re 83 MOTION for Protective Order (Amended) (Reuveni, Erez) (Filed on 9/4/2012) (Entered: 09/04/2012)

Sept. 4, 2012 PACER
87

Renotice motion hearing re 83 MOTION for Protective Order filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Motion Hearing set for 11/1/2012 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. (Related document(s) 83 ) (Reuveni, Erez) (Filed on 9/7/2012) (Entered: 09/07/2012)

Sept. 7, 2012 PACER
88

MOTION for Discovery Order Shortening Time, Consolidating Discovery Motions, Resolving Plaintiffs' Administrative Motion filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. Responses due by 9/17/2012. (Attachments: # 1 Declaration, # 2 Proposed Order)(Mass, Julia) (Filed on 9/11/2012) (Entered: 09/11/2012)

1 Declaration

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2 Proposed Order

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Sept. 11, 2012 PACER
89

RESPONSE (re 88 MOTION for Discovery Order Shortening Time, Consolidating Discovery Motions, Resolving Plaintiffs' Administrative Motion ) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order, # 2 Exhibit Declaration of Erez Reuveni, Ex. 1)(Reuveni, Erez) (Filed on 9/12/2012) (Entered: 09/12/2012)

1 Proposed Order

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2 Exhibit Declaration of Erez Reuveni, Ex. 1

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Sept. 12, 2012 PACER
90

STIPULATION WITH PROPOSED ORDER re 81 Administrative Motion to File Under Seal, 83 MOTION for Protective Order filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Reuveni, Erez) (Filed on 9/14/2012) (Entered: 09/14/2012)

Sept. 14, 2012 PACER
91

ORDER re: Pending Motions and Further Discovery Disputes. The Court will hear Defendants' motion for protective order on November 1, 2012 at 11:00 am, in Courtroom 4, 3rd Floor, 1301 Clay St., Oakland, CA. Signed by Judge Kandis A. Westmore on 9/17/2012. (kawlc1, COURT STAFF) (Filed on 9/17/2012) (Entered: 09/17/2012)

Sept. 17, 2012 RECAP
92

RESPONSE (re 83 MOTION for Protective Order ) filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Proposed Order)(Moreno, Catherine) (Filed on 9/21/2012) (Entered: 09/21/2012)

1 Proposed Order

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Sept. 21, 2012 PACER
93

Declaration of Catherine E. Moreno in Support of 92 Opposition/Response to Motion filed byEsmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 92 ) (Moreno, Catherine) (Filed on 9/21/2012) (Entered: 09/21/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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Sept. 21, 2012 PACER
94

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by Esmar Cifuentes, Uelian De Abadia-Peixoto, Pedro Nolasco Jose, Mi Lian Wei. (Moreno, Catherine) (Filed on 9/27/2012) (Entered: 09/27/2012)

Sept. 27, 2012 PACER
95

CLERKS NOTICE Further Case Management Conference set for 11/8/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. (rslc3, COURT STAFF) (Filed on 9/27/2012) (Entered: 09/27/2012)

Sept. 27, 2012 PACER
96

REPLY (re 83 MOTION for Protective Order ) filed byTimothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Reuveni, Erez) (Filed on 9/28/2012) (Entered: 09/28/2012)

Sept. 28, 2012 PACER
97

STIPULATION WITH PROPOSED ORDER re Settlement Conference filed by Timothy Aitken, Executive Office for Immigration Review, Eric H. Holder, Jr, John T. Morton, Janet Napolitano, Juan P. Osuna, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Go, Samuel) (Filed on 10/2/2012) (Entered: 10/02/2012)

Oct. 2, 2012 PACER
98

STIPULATION AND ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Laurel Beeler: granting 97 Stipulation. Settlement Conference set for November 28, 2012 at 10:30 a.m. (ls, COURT STAFF) (Filed on 10/3/2012) (Entered: 10/03/2012)

Oct. 3, 2012 PACER
99

Joint Discovery Letter BriefConcerning Discovery Disputes filed by Uelian De Abadia-Peixoto. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Moreno, Catherine) (Filed on 10/22/2012) (Entered: 10/22/2012)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Oct. 22, 2012 RECAP
100

NOTICE of Appearance by Savith S Iyengar Notice of Appearance of Angie Young Kim as Counsel for Plaintiffs (Iyengar, Savith) (Filed on 10/25/2012) (Entered: 10/25/2012)

Oct. 25, 2012 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 15, 2011

Closing Date: April 10, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future adult immigration detainees who have or will have proceedings in immigration court in San Francisco

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Executive Office for Immigration Review, Federal

Immigrations and Customs Enforcement, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 350,000

Order Duration: 2014 - 2017

Content of Injunction:

Monitoring

Issues

General:

Restraints : physical

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Detention - procedures