Case: Khoury v. Asher

2:13-cv-01367 | U.S. District Court for the Western District of Washington

Filed Date: Aug. 1, 2013

Closed Date: May 31, 2019

Clearinghouse coding complete

Case Summary

On August 1, 2013, immigration detainees filed this lawsuit in the Western District of Washington against the Department of Homeland Security (DHS) and the Department of Justice (DOJ) challenging the government's policy and practice of detaining immigrants in deportation proceedings even when they were released from criminal custody some time earlier. They alleged that this practice violates the Immigration and Nationality Act (INA) and the plaintiffs' due process rights under the Fifth Amendme…

On August 1, 2013, immigration detainees filed this lawsuit in the Western District of Washington against the Department of Homeland Security (DHS) and the Department of Justice (DOJ) challenging the government's policy and practice of detaining immigrants in deportation proceedings even when they were released from criminal custody some time earlier. They alleged that this practice violates the Immigration and Nationality Act (INA) and the plaintiffs' due process rights under the Fifth Amendment. The plaintiffs, represented by attorneys from the ACLU of Washington, the ACLU Immigrants' Rights Project, the Northwest Immigrant Rights Project, and the firm of Gibbs Houston Pauw, sought class certification and injunctive and declaratory relief. In particular, plaintiffs requested individualized bond hearings.

The plaintiffs were lawful permanent residents who were convicted of crimes and were released from criminal custody long before they were detained by ICE. When detained by ICE, they were held in mandatory detention. Plaintiffs alleged that ICE has misapplied the mandatory detention statute, 8 U.S.C § 1226(c), to individuals like them who have been living in the United States for years since their release without incident. They argued that the statute only allows mandatory detention for people who are convicted of certain crimes and who are taken into immigration custody at the time they are released from the criminal justice system for such a crime.

On October 7, 2013, the court (Judge Richard A. Jones) terminated the defendants' motion for a scheduling conference and the plaintiffs' motion for summary judgment and a permanent injunction. The court found that the case could be resolved based on the plaintiffs' motion for a preliminary injunction and the defendants' motion to dismiss.

On March 11, 2014, the court granted the plaintiffs’ motion for class certification, certifying under Rule 23(b)(2) “[a]ll individuals in the Western District of Washington who the government asserts or will assert are subject to mandatory detention under 8 U.S.C. § 1226(c) and who were not taken into immigration custody immediately upon their release from criminal custody for an offense referenced in § 1226(c)(1).” Khoury v. Asher, 3 F.Supp.3d 877, 890 (W.D. Wash. 2014). The court dismissed the plaintiffs’ motion for a preliminary injunction without prejudice, but issued declaratory relief in the following form: “The government may not subject an alien to mandatory detention via 8 U.S.C. § 1226(c) unless the government took the alien into custody immediately upon his release from custody for an offense described in subparagraphs (1)(A) through (1)(D) of § 1226(c).”

On April 9, 2014, the court entered judgment for the plaintiffs, and the defendants appealed the class certification to the Ninth Circuit.

On August 4, 2016, the Ninth Circuit affirmed the decision of the district court certifying a class of immigrant detainees and declaring their entitlement to bond hearings. The court reasoned that the plain language of 8 U.S.C. § 1226(c), stating that mandatory detention only applies to immigrants detained "when [they are] released" from criminal custody, conveyed a degree of immediacy and therefore applied only to immigrants detained promptly after their release from criminal custody. Khoury v. Asher, 667 Fed. Appx. 966 (9th Cir. 2016).

In reaching its decision, the Ninth Circuit cited to a related case decided the same day and reaching the same conclusion that the government may detain without a bond hearing only those immigrants it takes into immigration custody promptly upon their release from criminal custody. Preap v. Johnson, 831 F.3d 1193 (9th Cir. 2016). The government appealed both decisions and on March 19, 2018, the Supreme Court of the United States granted certiorari in order to resolve a circuit split on the meaning of 8 U.S.C. § 1226(c). Nielsen v. Preap, 138 S. Ct. 1279 (2018).

On March 19, 2019, the Supreme Court, in a 5-4 split, issued a decision in Nielson v. Preap reversing the Ninth Circuit's judgments and remanding the cases. Justice Alito, writing for the majority, concluded that a noncitizen does not become exempt from mandatory detention under 8 U.S.C. § 1226(c) through the failure to take him into immigration custody immediately upon release from criminal custody. Justice Alito further held that the Ninth Circuit’s interpretation of § 1226(c) was contrary to the plain text and structure of the statute. In reaching this conclusion, the majority engaged in a rigorous grammatical review and justified its conclusion by stating that "an official’s crucial duties are better carried out late than never." Furthermore, the majority concluded that there were no constitutional questions involved and that the decision resolved only a statutory question.

Justice Breyer, along with Justices Ginsburg, Kagan, and Sotomayor, dissented, stating that the language of the statute was not plain and that “[t]he words 'when the alien is released' require the Secretary to detain aliens under subsection (c) within a reasonable time after their release from criminal custody — presumptively no longer than six months." Moreover, Justice Breyer stated that the court should have invoked the canon of constitutional avoidance to avoid the constitutional questions that might be raised in the event of an arrest years after release from state custody and the denial of a bond hearing. 139 S. Ct. 954.

On May 1, 2019, in light of the Supreme Court's decision, the Ninth Circuit issued an order vacating its 2016 order and reversed the district court's judgment. The Ninth Circuit remanded the case to the district court for further proceedings consistent with the Supreme Court's decision.

After the parties filed a proposed order for dismissal, the district court dismissed plaintiffs' complaint on May 31, 2019.

The case is closed.

Summary Authors

Jennifer Bronson (11/11/2013)

Allison Hight (3/27/2016)

Eva Richardson (10/7/2018)

Aaron Gurley (6/1/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5236088/parties/khoury-v-asher/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Jones, Richard A. (Washington)

Kavanaugh, Brett M. (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Baker, La Rond (Washington)

Chiang, Emily (Washington)

Dunne, Sarah A. (Washington)

Lee, Eunice Cheryl (New York)

Mehta, Sarah L. (New York)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Jones, Richard A. (Washington)

Kavanaugh, Brett M. (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Baker, La Rond (Washington)

Chiang, Emily (Washington)

Dunne, Sarah A. (Washington)

Lee, Eunice Cheryl (New York)

Mehta, Sarah L. (New York)

Pauw, Robert (Washington)

Rabinovitz, Judy (New York)

Strawn, Christopher (Washington)

Tan, Michael K. T. (New York)

Tao, Betsy P. (Washington)

Theriot-Orr, Devin T. (Washington)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Chen, Hans (District of Columbia)

Liggett, Troy D. (District of Columbia)

Warlick, Lori B. (District of Columbia)

Documents in the Clearinghouse

Document

2:13-cv-01367

Docket

May 31, 2019

May 31, 2019

Docket
1

2:13-cv-01367

Class Action Complaint and Petition for Writ of Habeas Corpus

Aug. 1, 2013

Aug. 1, 2013

Complaint
2

2:13-cv-01367

Plaintiffs-Petitioners' Motion for Class Certification

Aug. 1, 2013

Aug. 1, 2013

Pleading / Motion / Brief
44

2:13-cv-01367

Order

3 F.Supp.3d 877

March 11, 2014

March 11, 2014

Order/Opinion
46

2:13-cv-01367

Order Adopting Parties' Stipulation and Directing Entry of Judgment

April 9, 2014

April 9, 2014

Order/Opinion
55

2:13-cv-01367

Memorandum of USCA

U. S. Court of Appeals for the Ninth Circuit

667 Fed.Appx. 966

April 4, 2016

April 4, 2016

Order/Opinion

16-01363

Opinion

Nielsen v. Preap

Supreme Court of the United States

139 S.Ct. 954

March 19, 2019

March 19, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5236088/khoury-v-asher/

Last updated Aug. 2, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link

2 MOTION to Certify Class by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. Oral Argument Requested. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I, # 10 Proposed Order proposed order) Noting Date 8/23/2013, (Adams, Matt) (Entered: 08/01/2013)

44

ORDER denying 28 Motion to Dismiss for Failure to State a Claim; granting 2 Motion to Certify Class; terminating 14 Motion for Preliminary Injunction, by Judge Richard A Jones. The court certifies a class and issues declaratory relief on its behalf. The parties shall meet and confer in accordance with this order, and shall submit statements no later than April 2, 2014 as described in order. (VE) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

RECAP

3 NOTICE of Appearance by attorney Devin T Theriot-Orr on behalf of Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Theriot-Orr, Devin) (Entered: 08/02/2013)

45

STIPULATION AND PROPOSED ORDER by parties re 44 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,,. (Chen, Hans) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

PACER
46

ORDER Granting the parties' 45 Stipulation and Directing Entry of Judgment by Judge Richard A Jones. (CL) (Entered: 04/10/2014)

April 9, 2014

April 9, 2014

RECAP

4 APPLICATION OF ATTORNEY Michael Tan FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya (Fee Paid) Receipt No. 0981-3298348. (Dunne, Sarah) (Entered: 08/02/2013)

5 APPLICATION OF ATTORNEY Sarah Mehta FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya (Fee Paid) Receipt No. 0981-3298367. (Dunne, Sarah) (Entered: 08/02/2013)

47

JUDGMENT BY COURT; As stated in its April 9, 2014 order, the court enters judgment for Plaintiffs. This judgment obligates the parties to comply with their final stipulation, and incorporates the court's March 11, 2014 order certifying the following class; (See Jgm for complete details) (CL) (Entered: 04/10/2014)

April 9, 2014

April 9, 2014

RECAP
48

CERTIFICATE of Compliance re 46 Order by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Chen, Hans) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER

6 APPLICATION OF ATTORNEY Judy Rabinovitz FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya (Fee Paid) Receipt No. 0981-3298378. (Dunne, Sarah) (Entered: 08/02/2013)

7 ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael Tan for Pablo Carrera Zavala, Bassam Yusuf Khoury, and for Alvin Rodriguez Moya, by William M. McCool. (No document associated with this docket entry, text only.) (DS) (Entered: 08/02/2013)

49

NOTICE OF APPEAL to Ninth Circuit (14-35482) re 46 Order, 47 Judgment by Court, by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Chen, Hans) Modified on 6/6/2014, ADD CCA# (SA). (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
50

TIME SCHEDULE ORDER as to 49 Notice of Appeal filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America : Appellants opening brief due by 9/15/14; Appellees response brief due by 10/14/14; Appellants optional reply brief due within 14 days of service of the response brief. (SA) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER

8 ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Sarah Mehta for Pablo Carrera Zavala, Bassam Yusuf Khoury, and for Alvin Rodriguez Moya, by William M. McCool. (No document associated with this docket entry, text only.) (DS) (Entered: 08/02/2013)

9 ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Judy Rabinovitz for Pablo Carrera Zavala, Bassam Yusuf Khoury, and for Alvin Rodriguez Moya, by William M. McCool. (No document associated with this docket entry, text only.) (DS) (Entered: 08/02/2013)

51

ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. Due to a clerical error, the August 19, 2014 motion has just come to the attention of the court. In that motion, appellees in No. 14-35482 request that appeal No. 14-35482 be heard by the same panel assigned to hear appeal No. 14- 16326. Appeal No. 14-16326 has since been consolidated with appeal Nos. 14-16709 and 14-16779.(SEE ORDER FOR FURTHER INSTRUCTION) (SA) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER

Hon. Mary Alice Theiler added. (RE) (Entered: 08/02/2013)

52

NOTICE of Appearance by attorney La Rond Baker on behalf of Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Baker, La Rond) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER
53

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah A Dunne for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Baker, La Rond) (Entered: 04/16/2015)

April 16, 2015

April 16, 2015

PACER

10 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 9/13/2013. Please Note: Forms must not be electronically filed with the Court. (RE) (Entered: 08/02/2013)

54

NOTICE (supplemental) of Change of Custody Status ; filed by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Attachments: # 1 Exhibit criminal complaint, # 2 Exhibit arrest warrant and return, # 3 Exhibit immigration detainer)(Chen, Hans) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER

11 Summons electronically issued as to defendant(s) Nathalie Asher, Lowell Clark(Warden, NWDC), Eric H Holder Jr, Janet Napolitano, Juan P Osuna, United States of America. (Attachments: # 1 Summons-US Atty, # 2 Summons-Clark, # 3 Summons-Holder, # 4 Summons-Napolitano, # 5 Summons-General Counsel, # 6 Summons-Osuna)(RE) (Entered: 08/02/2013)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?368592807633265-L_1_0-1 9/14 12 PRAECIPE to attach document (Exh. B, Dkt. 2-2) redacted Exhibit B, Dkt. 2-2 re 2 MOTION to Certify Class by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Attachments: # 1 Exhibit Redacted Exh. B, Dkt. 2-2)(Strawn, Christopher) (Entered: 08/02/2013)

55

MEMORANDUM of USCA (NOT THE MANDATE 14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. AFFIRMED. (RE) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
13

AFFIDAVIT of Mailing of Summons and Complaint to All Defendants on 8/2/2013, filed by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Attachments: # 1 Exhibit Certified Mail Receipts)(Theriot-Orr, Devin) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

56

ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 08/04/2016)

Aug. 4, 2016

Aug. 4, 2016

PACER
14

MOTION for Preliminary Injunction by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. Oral Argument Requested. (Attachments: # 1 Exhibit Ex A (Jaeggli Aff.), # 2 Exhibit Ex B (Khoury Decl), # 3 Exhibit Ex C (Hurtado Decl), # 4 Exhibit Ex D (Rodriguez Decl), # 5 Exhibit Ex E part 1 (Kelly Decl), # 6 Exhibit Ex E part 2, # 7 Exhibit Ex E part 3, # 8 Exhibit Ex F (Carrera Decl), # 9 Exhibit Ex G (Tan Decl), # 10 Proposed Order Propsed order) Noting Date 8/30/2013, (Strawn, Christopher) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

57

ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 09/14/2016)

Sept. 13, 2016

Sept. 13, 2016

PACER
58

ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
15

PRAECIPE to attach document (Motion for Preliminary Injunction) with corrected bottom notation re 14 MOTION for Preliminary Injunction by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Attachments: # 1 Errata Correct bottom notation, Prel. Inj. Motion)(Strawn, Christopher) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

59

ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
16

MINUTE ORDER REASSIGNING CASE by William M. McCool. Case reassigned to Judge Richard A Jones for all further proceedings. Hon. Mary Alice Theiler no longer assigned to case. (JT) (Entered: 08/09/2013)

Aug. 9, 2013

Aug. 9, 2013

17

NOTICE of Appearance by attorney Hans H. Chen on behalf of Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, United States of America. (Chen, Hans) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

18

NOTICE of Appearance by attorney Timothy Michael Belsan on behalf of Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, United States of America. (Belsan, Timothy) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

19

AMENDED COMPLAINT CLASS ACTION against defendant(s) All Defendants, filed by Bassam Yusuf Khoury, Pablo Carrera Zavala, Alvin Rodriguez Moya. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Strawn, Christopher) (Entered: 08/14/2013)

Aug. 14, 2013

Aug. 14, 2013

20

NOTICE of Appearance by attorney Lori B Warlick on behalf of Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Warlick, Lori) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

21

Summons electronically issued as to defendant(s) Nathalie Asher, Lowell Clark(Warden, NWDC), Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons) (CL) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

22

AFFIDAVIT of Mailing of Summons and Complaint to All Defendants on 8/15/2013, filed by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Attachments: # 1 Exhibit A)(Theriot-Orr, Devin) (Entered: 08/15/2013)

Aug. 15, 2013

Aug. 15, 2013

23

STIPULATION of Motions Renoted by parties re 2 MOTION to Certify Class , 14 MOTION for Preliminary Injunction . (Chen, Hans) (Entered: 08/16/2013)

Aug. 16, 2013

Aug. 16, 2013

Noting Date Set/Reset re 2 MOTION to Certify Class , 14 MOTION for Preliminary Injunction : Noting Date 9/20/2013.(CL) (Entered: 08/19/2013)

Aug. 19, 2013

Aug. 19, 2013

24

ANSWER to 19 Amended Complaint, and Motion to Dismiss by Nathalie Asher, Lowell United States of America. (Attachments: # 1 Exhibit A - Bond order, # 2 Exhibit B - Notice to appear, # 3 Exhibit C - Notice to appear, # 4 Exhibit D - Dictionary entries, # 5 Exhibit E - Order denying mot. for fees, # 6 Exhibit F - Dictionary entry, # 7 Proposed Order)(Chen, Hans) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

25

RESPONSE, by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America, to 14 MOTION for Preliminary Injunction . (Chen, Hans) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

26

RESPONSE, by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America, to 2 MOTION to Certify Class . (Belsan, Timothy) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

27

MINUTE ORDER re: attorney appearance LR W.D. Wash LCR 83.1(b) by Richard A. Jones, United States District Judge. (CL) (Entered: 09/10/2013)

Sept. 9, 2013

Sept. 9, 2013

28

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. Oral Argument Requested. (Attachments: # 1 Exhibit A - Bond order, # 2 Exhibit B - Notice to Appear, # 3 Exhibit C - Notice to Appear, # 4 Exhibit D - Dictionary entries, # 5 Exhibit E - Order Denying Mot. for EAJA Fees, # 6 Exhibit F - Dictionary entry, # 7 Proposed Order) Noting Date 10/4/2013, (Chen, Hans) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

29

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah Mehta for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Dunne, Sarah) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

30

APPLICATION OF ATTORNEY Eunice Lee FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya (Fee Paid) Receipt No. 0981-3345353. (Dunne, Sarah) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

31

ORDER re 30 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Eunice Lee for Pablo Carrera Zavala, Bassam Yusuf Khoury, and for Alvin Rodriguez Moya, by William M. McCool. (No document associated with this docket entry, text only.)(DS) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

32

REPLY, filed by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya, TO RESPONSE to 2 MOTION to Certify Class (Adams, Matt) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

33

REPLY, filed by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya, TO RESPONSE to 14 MOTION for Preliminary Injunction (Adams, Matt) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

34

RESPONSE, by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya, to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Oral Argument Requested. (Attachments: # 1 Exhibit Exhibit A)(Adams, Matt) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

35

MOTION for Permanent Injunction by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/18/2013, (Adams, Matt) (Entered: 09/26/2013)

Sept. 26, 2013

Sept. 26, 2013

36

REPLY, filed by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America, TO RESPONSE to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit Declaration of N. Asher)(Chen, Hans) (Entered: 10/04/2013) 37 Unopposed MOTION telephonic scheduling conference re 35 MOTION for Permanent Injunction by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Attachments: # 1 Proposed Order) Noting Date 10/4/2013, (Chen, Hans) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

38 MINUTE ORDER by Richard A. Jones, United States District Judge. The court TERMINATES Defendants' motion for a scheduling conference (Dkt. # 37 ) and Plaintiffs' motion for summary judgment and a permanent injunction (Dkt. # 35 ). (CL) (Entered: 10/07/2013)

39 NOTICE of Change of Custody Status ; filed by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chen, Hans) (Entered: 10/25/2013)

40 NOTICE of Supplemental Authority re 2 MOTION to Certify Class , 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 14 MOTION for Preliminary Injunction by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya (Attachments: # 1 Supplement)(Adams, Matt) (Entered: 01/07/2014)

41 NOTICE of Supplemental Authority re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America (Attachments: # 1 Exhibit supplemental relevant authority)(Chen, Hans) (Entered: 01/08/2014)

42 MOTION to Withdraw as Attorney Betsy Tao by Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Attachments: # 1 Proposed Order) Noting Date 1/27/2014, (Tao, Betsy) (Entered: 01/27/2014)

43 MINUTE ORDER by Richard A. Jones, United States District Judge. The court GRANTS Plaintiffs' motion to permit Betsy Tao to withdraw as counsel. Dkt. # 42 . Attorney Betsy P Tao terminated. (CL) (Entered: 01/30/2014)

44 ORDER denying 28 Motion to Dismiss for Failure to State a Claim; granting 2 Motion to Certify Class; terminating 14 Motion for Preliminary Injunction, by Judge Richard A Jones. The court certifies a class and issues declaratory relief on its behalf. The parties shall meet and confer in accordance with this order, and shall submit statements no later than April 2, 2014 as described in order. (VE) (Entered: 03/11/2014)

45 STIPULATION AND PROPOSED ORDER by parties re 44 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Certify Class, Order on Motion for Preliminary Injunction,,,. (Chen, Hans) (Entered: 04/02/2014)

46 ORDER Granting the parties' 45 Stipulation and Directing Entry of Judgment by Judge Richard A Jones. (CL) (Entered: 04/10/2014)

47 JUDGMENT BY COURT; As stated in its April 9, 2014 order, the court enters judgment for Plaintiffs. This judgment obligates the parties to comply with their final stipulation, and incorporates the court's March 11, 2014 order certifying the following class; (See Jgm for complete details) (CL) (Entered: 04/10/2014)

48 CERTIFICATE of Compliance re 46 Order by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Chen, Hans) (Entered: 06/02/2014)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?368592807633265-L_1_0-1 12/14 49 NOTICE OF APPEAL to Ninth Circuit (14-35482) re 46 Order, 47 Judgment by Court, by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Chen, Hans) Modified on 6/6/2014, ADD CCA# (SA). (Entered: 06/05/2014)

50 TIME SCHEDULE ORDER as to 49 Notice of Appeal filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America : Appellants opening brief due by 9/15/14; Appellees response brief due by 10/14/14; Appellants optional reply brief due within 14 days of service of the response brief. (SA) (Entered: 06/06/2014)

51 ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. Due to a clerical error, the August 19, 2014 motion has just come to the attention of the court. In that motion, appellees in No. 14-35482 request that appeal No. 14-35482 be heard by the same panel assigned to hear appeal No. 14- 16326. Appeal No. 14-16326 has since been consolidated with appeal Nos. 14-16709 and 14-16779.(SEE ORDER FOR FURTHER INSTRUCTION) (SA) (Entered: 12/08/2014)

52 NOTICE of Appearance by attorney La Rond Baker on behalf of Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Baker, La Rond) (Entered: 04/16/2015)

53 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah A Dunne for Plaintiffs Pablo Carrera Zavala, Bassam Yusuf Khoury, Alvin Rodriguez Moya. (Baker, La Rond) (Entered: 04/16/2015)

54 NOTICE (supplemental) of Change of Custody Status ; filed by Defendants Nathalie Asher, Lowell Clark, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Attachments: # 1 Exhibit criminal complaint, # 2 Exhibit arrest warrant and return, # 3 Exhibit immigration detainer)(Chen, Hans) (Entered: 05/08/2015)

55 MEMORANDUM of USCA (NOT THE MANDATE 14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. AFFIRMED. (RE) (Entered: 08/04/2016)

56 ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 08/04/2016)

57 ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 09/14/2016)

58 ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 11/03/2016)

59 ORDER of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. (RE) (Entered: 01/11/2017)

60 MANDATE of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. The judgment of this Court, entered August 04, 2016, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. AFFIRMED (CDA) (Entered: 01/19/2017)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?368592807633265-L_1_0-1 13/14 61 NOTICE of Appearance by attorney Troy D. Liggett on behalf of Defendants Nathalie Asher, Lowell Clark, Eric H Holder Jr, Janet Napolitano, Juan P Osuna, John Sandweg, United States of America. (Liggett, Troy) (Entered: 05/25/2018)

60

MANDATE of USCA (14-35482) as to 49 Notice of Appeal, filed by Nathalie Asher, John Sandweg, Lowell Clark, Juan P Osuna, Janet Napolitano, Eric H Holder Jr, United States of America. The judgment of this Court, entered August 04, 2016, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. AFFIRMED (CDA) (Entered: 01/19/2017)

Jan. 19, 2017

Jan. 19, 2017

PACER
61

Notice of Appearance

May 25, 2018

May 25, 2018

PACER
62

Order of USCA

May 1, 2019

May 1, 2019

PACER
63

Mandate of USCA

May 9, 2019

May 9, 2019

PACER
64

2 - Minute Order

May 13, 2019

May 13, 2019

PACER
65

Notice of Appearance

May 28, 2019

May 28, 2019

PACER
66

Notice of Withdrawal of Counsel

May 28, 2019

May 28, 2019

PACER
67

Stipulation

May 29, 2019

May 29, 2019

PACER

Terminate Civil Case

May 31, 2019

May 31, 2019

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 1, 2013

Closing Date: May 31, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigration detainees

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Department of Justice, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Over/Unlawful Detention

Placement in detention facilities

Immigration/Border:

Detention - criteria

Detention - procedures