Case: Gordon v. Napolitano [later Johnson, Nielsen]

3:13-cv-30146 | U.S. District Court for the District of Massachusetts

Filed Date: Aug. 8, 2013

Closed Date: June 26, 2019

Clearinghouse coding complete

Case Summary

On August 8, 2013, several noncitizens being held in mandatory detention filed this class-action lawsuit in the U.S. District Court for the District of Massachusetts against the U.S. Department of Justice (DOJ), U.S. Department of Homeland Security (DHS), and various county sheriffs in Massachusetts. The plaintiffs argued that their detention in deportation proceedings -- without any chance for release on bail when they were released from criminal custody months or years before -- violated the …

On August 8, 2013, several noncitizens being held in mandatory detention filed this class-action lawsuit in the U.S. District Court for the District of Massachusetts against the U.S. Department of Justice (DOJ), U.S. Department of Homeland Security (DHS), and various county sheriffs in Massachusetts. The plaintiffs argued that their detention in deportation proceedings -- without any chance for release on bail when they were released from criminal custody months or years before -- violated the Immigration and Nationality Act (INA) (8 U.S.C. § 1226). The plaintiffs, represented by the ACLU and Lutheran Social Services, sought class certification and injunctive and declaratory relief. They also brought a petition for a writ of habeas corpus seeking individualized bond hearings to challenge their immigration detentions.

The plaintiffs were lawful permanent residents (LPRs) who were convicted of crimes and were released from criminal custody long before they were detained by Immigration and Customs Enforcement (ICE), a component of DHS. ICE had determined that they were subject to mandatory detention under the INA. The plaintiffs alleged that ICE misapplied the mandatory detention statute (8 U.S.C. § 1226(c)) to individuals like them, who had been living in the United States for years after their release without incident. That statute required the government to detain certain noncitizens "when the alien is released." The plaintiffs argued that the statute only allowed mandatory detention for people who were convicted of certain crimes and who were taken into immigration custody at the time they were released from the criminal justice system for such a crime.

On October 23, 2013, following proceedings on the defendants' motion to dismiss and the plaintiffs' motion for a preliminary injunction, the Court (Judge Michael A. Ponsor) ordered the defendants to grant the plaintiffs individualized bond hearings within thirty days while the Court prepared its memorandum opinion. The Court also denied the defendants' motion to dismiss and the plaintiffs' motion for a preliminary injunction. In its order, the Court accepted the plaintiffs' interpretation of the INA provision at issue. The Court also directed the parties to file briefs within thirty days on the question of whether it was proper for the Court to retain the case to resolve the class-wide allegations. Gordon v. Johnson, 991 F. Supp. 2d 258 (D. Mass. 2013). On December 16, the defendants appealed the order.

On December 19, 2013, the District Court held a hearing on the plaintiffs' motion for class certification. The Court granted the plaintiffs leave to file an amended complaint, adding three further petitioners seeking individualized bond hearings. On February 7, 2014, the Court ordered these petitioners to be provided with individualized bond hearings. On April 7, the defendants appealed this order.

Over the next few months, several motions were filed: a renewed motion for certification of the plaintiff class; the plaintiffs' motion for summary judgment; and the defendants' renewed motion to dismiss. The plaintiffs also filed a second amended complaint, adding an additional petitioner seeking an individualized bond hearing. On March 27, 2014, the District Court granted the plaintiffs' motion for class certification, granted the new petitioner an individualized bond hearing, and denied the defendants' motion to dismiss. Gordon v. Johnson, 300 F.R.D. 28 (D. Mass. 2014). On May 23, the defendants appealed this order. The class was certified as: "all aliens who are or will be detained in Massachusetts under 8 U.S.C. § 1226(c), whom the government alleges to be subject to a ground of removability as described in 8 U.S.C. § 1226(c)(1)(A)-(D), and who were not taken into immigration custody within forty-eight hours (or, if a weekend or holiday intervenes, within no more than five days) of release from the relevant predicate custody."

On May 21, 2014, the District Court (Judge Ponsor) granted the plaintiffs' motion for summary judgment, and scheduled a hearing to review the defendants' compliance with the order, and to discuss entry of final judgment. Gordon v. Johnson, 300 F.R.D. 31 (D. Mass. 2014). On July 2, the defendants appealed this order.

The defendants' first appeal, from the October 23 order, was consolidated with Castañeda v. Souza, another case in the same Court before Judge William G. Young. Both cases involved the same legal issue: whether mandatory immigration detention applies only to noncitizens being detained by immigration authorities "when . . . released" from some predicate criminal custody.

On October 6, 2014, the U.S. Court of Appeals for the First Circuit affirmed the District Court's order, holding that the plaintiffs were not detained within a "reasonable time" after being released from state criminal custody, and that ICE's failure to detain them within a "reasonable time" mandated individualized bond hearings for the plaintiffs. Castañeda v. Souza, 769 F.3d 32 (1st Cir. Oct. 6, 2014).

The defendants' remaining three appeals were all consolidated in the First Circuit, and were held in abeyance until the Court of Appeals adjudicated the first appeal. With the Court's decision in Castañeda, the Court of Appeals lifted the stay and set a briefing schedule on the consolidated appeal.

However, the defendants requested an en banc rehearing of Castañeda, which the First Circuit granted. After oral argument on April 7, 2015, the First Circuit's en banc panel issued a December 23, 2015 opinion and order, affirming the District Court's judgment by a divided vote. The First Circuit then granted the parties' request to dismiss several pending appeals.

Meanwhile, the First Circuit had been considering the defendants' appeal of the District Court's May 21, 2014 order granting summary judgment to the plaintiffs in the Gordon case. On November 21, 2016, the First Circuit (Case No. 14-01729) vacated the District Court's grant of summary judgment, declaratory judgment, and injunctive relief, as inconsistent with Castañeda, and asked the District Court to determine how to proceed on remand in light of Castañeda.

Back in the District Court, after discussing next steps, the parties proceeded with the case, engaging in discovery.

On March 22, the defendants moved to stay proceedings pending the U.S. Supreme Court's decision in Nielsen v. Preap (a case addressing the same legal issue); Judge Ponsor granted defendants' motion on Apr. 18.

This case was reassigned to Chief Judge Patti B. Saris on July 10, 2018.

The U.S. Supreme Court issued a decision in Nielsen v. Preap on March 19, 2019. The Court reversed a Ninth Circuit decision holding that the mandatory-detention requirement applied only if a covered noncitizen is arrested by immigration officials as soon as he is released from jail. The Court held that regardless of when a noncitizen is detained by ICE following release, what determines whether they are subject to mandatory detention under the INA is whether they have committed one of the predicate offenses listed in the statute. 139 S. Ct. 954.

Judge Saris requested a joint status report from the parties to this case in light of the Supreme Court's decision in Preap.

On June 26, 2019, Judge Saris ordered that this case be dismissed without prejudice to the filing of a new civil action challenging on constitutional grounds the application of mandatory detention to noncitizens who are not taken into immigration custody immediately upon release from criminal custody.

This case is closed.

Summary Authors

Jennifer Bronson (11/14/2013)

Dan Whitman (11/3/2014)

Ava Morgenstern (4/24/2018)

Sam Kulhanek (3/28/2020)

Related Cases

Reid v. Donelan, District of Massachusetts (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5026617/parties/gordon-v-napolitano/


Judge(s)

Barron, David Jeremiah (Massachusetts)

Dyk, Timothy B. (District of Columbia)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Saris, Patti B. (Massachusetts)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Badger, Elizabeth A. (Massachusetts)

Judge(s)

Barron, David Jeremiah (Massachusetts)

Dyk, Timothy B. (District of Columbia)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Ponsor, Michael Adrian (Massachusetts)

Saris, Patti B. (Massachusetts)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Attorneys(s) for Plaintiff

Badger, Elizabeth A. (Massachusetts)

Hausman, David (New York)

Lafaille, Adriana (Massachusetts)

Lee, Eunice Cheryl (New York)

Nyein, Michelle K. (Massachusetts)

Rabinovitz, Judy (New York)

Rossman, Jessie J. (Michigan)

Saraswat, Anant K. (Massachusetts)

Segal, Matthew (Massachusetts)

Tan, Michael K. T. (New York)

Attorneys(s) for Defendant

Collins, Jeffrey T. (Massachusetts)

Fabian, Sarah B. (District of Columbia)

Gavoor, Aram A. (District of Columbia)

Go, Samuel P. (District of Columbia)

Goodwin, Karen L. (Massachusetts)

Stevens, Elizabeth Jones (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Gordon v. Napolitano

July 1, 2019 Docket
1

Class Action Complaint and Petition for Writ of Habeas Corpus

Gordon v. Napolitano

Aug. 8, 2013 Complaint
47

Order Regarding Plaintiff's Petition for Writ of Habeas Corpus, Plaintiff's Motion for a Preliminary Injunction, and Defendants' Motion to Dismiss

Gordon v. Napolitano

2013 WL 5774843

Oct. 23, 2013 Order/Opinion
79

Memorandum and Order Regarding Plaintiff's Petition for Writ of Habeas Corpus, Plaintiff's Motion for a Preliminary Injunction, and Defendants' Motion to Dismiss

Gordon v. Napolitano

991 F.Supp.2d 258

Dec. 31, 2013 Order/Opinion
114

Order Regarding Plaintiffs' Motion for Class Certification, Plaintiff Cesar Chavarria Restrepo's Individual Habeas Petition, and Defendants' Motion to Dismiss

Gordon v. Napolitano

300 F.R.D. 28

March 27, 2014 Order/Opinion
120

Memorandum & Order Regarding Plaintiffs' Motion for Class Certification and Plaintiffs' Motion for Summary Judgment

Gordon v. Napolitano

300 F.R.D. 31

May 21, 2014 Order/Opinion

First Circuit Opinion [Affirming the Judgment of the District Court]

Castañeda v. Souza

U. S. Court of Appeals for the First Circuit

769 F.3d 32

Oct. 6, 2014 Order/Opinion
BL-95

Opinion En Banc

Gordon v. Holder

U. S. Court of Appeals for the First Circuit

810 F.3d 15

Dec. 23, 2015 Order/Opinion

Resources

Title Description External URL

Locked Up: Class-Action Lawsuits Challenge Mandatory Detention of Immigrants

Sarah Mehta

Friday and again today, the ACLU and its partners filed two class action lawsuits challenging the mandatory detention of people like Gordon in Massachusetts and Washington State. We're arguing that t… Aug. 8, 2013 https://www.aclu.org/blog/immigrants-rights/locked-class-action-lawsuits-challenge-mandatory-detention-immigrants

Gordon v. Johnson and CASTAÑEDA v. Souza

American Civil Liberties Union (ACLU)

In Gordon v. Johnson, the ACLU and its partners obtained a class action ruling making some 150 Massachusetts detainees a year eligible for individual bond hearings. Rather than being held in “mandato… Dec. 23, 2015 https://www.aclu.org/cases/gordon-v-johnson-and-castaneda-v-souza

Nielsen v. Preap

ACLU

This case challenges the government’s sweeping interpretation of a 1996 mandatory detention law, which requires that certain people are detained for the duration of their deportation proceedings — wi… March 19, 2019 https://www.aclu.org/cases/nielsen-v-preap

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5026617/gordon-v-napolitano/

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

ECF Number Description Date Link
1

COMPLAINT for classwide relief and petition for writ of habeas corpus against All Defendants Filing fee: $ 400, receipt number 0101-4581562 (Fee Status: Filing Fee paid), filed by Preciosa Antunes, Clayton Richard Gordon. (Attachments: # 1 Civil Cover Sheet, # 2 Category Sheet)(Lafaille, Adriana) (Entered: 08/08/2013)

Aug. 8, 2013 PACER
2

MOTION for Preliminary Injunction by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 08/08/2013)

Aug. 8, 2013 PACER
3

MEMORANDUM in Support re 2 MOTION for Preliminary Injunction filed by Preciosa Antunes, Clayton Richard Gordon. (Attachments: # 1 Exhibit List, # 2 Exhibit A (Gordon - Notice to Appear), # 3 Exhibit B (Gordon - military document), # 4 Exhibit C (Gordon - honorable discharge), # 5 Exhibit D (Gordon - conviction record), # 6 Exhibit E (Gordon - probation letter), # 7 Exhibit F (Gordon - Wierzchowski affidavit), # 8 Exhibit G (Gordon - Nolan affidavit), # 9 Exhibit H (Gordon - Patel affidavit), # 10 Exhibit I (Gordon - custody order), # 11 Exhibit J (Antunes - Notice to Appear), # 12 Exhibit K (Antunes - Cruz affidavit), # 13 Exhibit L (Antunes - 2006 conviction record), # 14 Exhibit M (Antunes - burglary police report), # 15 Exhibit N (Antunes - 2011 burglary conviction), # 16 Exhibit O (Antunes - larceny police report), # 17 Exhibit P (Antunes - 2011 larceny conviction), # 18 Exhibit Q (Antunes - Chakravartty affidavit), # 19 Exhibit R (Antunes - sealed exhibit), # 20 Exhibit S (Castaneda Notice of Release), # 21 Exhibit T (Silverman affidavit))(Lafaille, Adriana) (Entered: 08/08/2013)

Aug. 8, 2013 PACER
4

NOTICE of Case Assignment. Magistrate Judge Kenneth P. Neiman assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded here. These documents will be mailed to counsel not receiving notice electronically. (Attachments: # 1 Standing Order)(Abaid, Kimberly) (Entered: 08/09/2013)

Aug. 9, 2013 PACER
5

Summons Issued as to Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Lindsay, Maurice) (Entered: 08/09/2013)

Aug. 9, 2013 PACER
6

MOTION to Seal Document Exhibit R to Memorandum of Law in Support of Motion for Preliminary Injunctive Relief by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 08/09/2013)

Aug. 9, 2013 PACER
7

NOTICE of Appearance by Matthew Segal on behalf of Preciosa Antunes, Clayton Richard Gordon (Segal, Matthew) (Entered: 08/09/2013)

Aug. 9, 2013 PACER
8

Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Alves-Baptista, Antonia) (Entered: 08/15/2013)

Aug. 15, 2013 PACER
9

NOTICE of Appearance by Aram A. Gavoor on behalf of Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins (Gavoor, Aram) (Entered: 08/20/2013)

Aug. 20, 2013 PACER
10

NOTICE of Appearance by Karen L. Goodwin on behalf of Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins (Goodwin, Karen) (Main Document 10 replaced on 8/22/2013 with a notice of appearance in the correct PDF format) (Finn, Mary). Modified on 8/22/2013 (Finn, Mary). (Entered: 08/21/2013)

Aug. 21, 2013 PACER
11

Not all parties consented to assignment of case to Magistrate Judge Neiman. Case to be reassigned to Judge Michael A. Ponsor. . (Lafaille, Adriana) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
12

ELECTRONIC NOTICE of Reassignment. Judge Michael A. Ponsor added. (Abaid, Kimberly) (Entered: 08/22/2013)

Aug. 22, 2013 PACER
13

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins.(Gavoor, Aram) (Entered: 08/26/2013)

Aug. 26, 2013 PACER
14

Assented to MOTION for Leave to File Excess Pages by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins. (Attachments: # 1 Memorandum)(Gavoor, Aram) (Entered: 08/26/2013)

Aug. 26, 2013 PACER
15

NOTICE of Appearance by Elizabeth A. Badger on behalf of Preciosa Antunes, Clayton Richard Gordon (Badger, Elizabeth) (Entered: 08/27/2013)

Aug. 27, 2013 PACER
16

MOTION to Certify Class by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 08/27/2013)

Aug. 27, 2013 PACER
17

MEMORANDUM in Support re 16 MOTION to Certify Class filed by Preciosa Antunes, Clayton Richard Gordon. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 Declaration of Michael Tan, # 3 Exhibit 2 Record of Deportable/Inadmissible Alien, # 4 Exhibit 3 ICE News Releases, # 5 Exhibit 4 Declaration of Elizabeth Badger)(Lafaille, Adriana) (Attachment 5 replaced on 8/29/2013) (Lindsay, Maurice). (Entered: 08/27/2013)

Aug. 27, 2013 PACER
18

Assented to MOTION to Seal Document Ex. A to Badger Declaration by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 08/27/2013)

Aug. 27, 2013 PACER
19

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 18 Motion to Seal Document (Pelegano, Theresa) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
20

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 14 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Pelegano, Theresa) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
21

MEMORANDUM in Support re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 14 Assented to MOTION for Leave to File Excess Pages filed by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Clayton Richard Gordon, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins. (Goodwin, Karen) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
22

Assented to MOTION for Leave to File Reply in support of Motion for Preliminary Injunctive Relief and request for habeas corpus relief by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 09/05/2013)

Sept. 5, 2013 PACER
23

MOTION to Stay re 16 MOTION to Certify Class "Motion to Stay Class Certification Briefing Pending Ruling on Motion to Dismiss" by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins.(Gavoor, Aram) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
24

Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Reply in Support of Petition for Writ of Habeas Corpus and Motion for Preliminary Injunctive Relief filed by Preciosa Antunes, Clayton Richard Gordon. (Lafaille, Adriana) (Entered: 09/09/2013)

Sept. 9, 2013 PACER
25

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 23 Motion to Stay Class Certification briefing Pending ruling on motion to dismiss and memorandum in support. ALLOWED. The court will set for argument the motion for preliminary injunction (Dkt.2) as it pertains to the individual plaintiffs and the motion to dismiss (Dkt.13) before taking up the motion to certify a class. So ordered. (Lindsay, Maurice) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
26

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 22 Motion for Leave to File Reply; ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lindsay, Maurice) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
27

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 6 Motion to Seal Exhibit. ALLOWED. (Lindsay, Maurice) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
28

Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Reply in Support of Petition for Writ of Habeas Corpus and Motion for Preliminary Injunctive Relief (Leave to File Granted on September 11, 2013) filed by Preciosa Antunes, Clayton Richard Gordon. (Lafaille, Adriana) (Entered: 09/11/2013)

Sept. 11, 2013 PACER
29

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Judy Rabinovitz Filing fee: $ 100, receipt number 0101-4633355 by Preciosa Antunes, Clayton Richard Gordon. (Attachments: # 1 Affidavit)(Segal, Matthew) (Entered: 09/13/2013)

Sept. 13, 2013 PACER
30

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 29 Motion for Leave to Appear Pro Hac Vice Added Judy Rabinovitz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
31

Assented to MOTION for Leave to File Reply in Support of Motion to Dismiss, due September 24, 2013 by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins.(Gavoor, Aram) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
32

ELECTRONIC NOTICE Setting Hearing on Motion 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 2 MOTION for Preliminary Injunction : Motion Hearing set for 10/23/2013 03:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 09/17/2013)

Sept. 17, 2013 PACER
33

Assented to MOTION to Expedite / Reschedule Hearing to Date Between October 15 and 22, 2013, If Available by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 09/18/2013)

Sept. 18, 2013 PACER
34

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 31 Motion for Leave to File Document; ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lindsay, Maurice) (Entered: 09/19/2013)

Sept. 19, 2013 PACER
35

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 33 Motion to Expedite hearing. The clerk will reschedule. (Pelegano, Theresa) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
36

ELECTRONIC NOTICE Resetting Hearing on Motion 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 2 MOTION for Preliminary Injunction : Motion Hearing set for 10/17/2013 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 09/23/2013)

Sept. 23, 2013 PACER
37

REPLY to Response to 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins. (Gavoor, Aram) (Entered: 09/24/2013)

Sept. 24, 2013 PACER
38

NOTICE by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins Notice of Imminent Removal of Preciosa Antunes (Gavoor, Aram) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
39

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Eunice Lee Filing fee: $ 100, receipt number 0101-4654787 by Preciosa Antunes, Clayton Richard Gordon. (Attachments: # 1 Affidavit)(Segal, Matthew) (Entered: 09/27/2013)

Sept. 27, 2013 PACER
40

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 39 Motion for Leave to Appear Pro Hac Vice Added Eunice Lee. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
41

Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Michael Tan Filing fee: $ 100, receipt number 0101-4668187 by Preciosa Antunes, Clayton Richard Gordon. (Attachments: # 1 Affidavit)(Segal, Matthew) (Entered: 10/07/2013)

Oct. 7, 2013 PACER
42

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 41 Motion for Leave to Appear Pro Hac Vice Added Michael Tan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Lindsay, Maurice) (Entered: 10/08/2013)

Oct. 8, 2013 PACER
43

Assented to MOTION to Withdraw Preciosa Antunes as Plaintiff-Petitioner by Preciosa Antunes, Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
44

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 43 Motion to Withdraw Preciosa Antunes as Plaintiff-Petitioner. ALLOWED. (Lindsay, Maurice) (Entered: 10/17/2013)

Oct. 17, 2013 PACER
45

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 10/17/2013 re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Michael G. Bellotti, Eric H. Holder, Jr., Joseph D. McDonald, Jr., Janet Napolitano, John Sandweg, Sean Gallagher, Thomas M. Hodgson, Christopher J. Donelan, Steven W. Tompkins, 2 MOTION for Preliminary Injunction filed by Preciosa Antunes, Clayton Richard Gordon. Argument completed. Court takes case under advisement. (Court Reporter: Alice Moran at 413-731-0086.) (Pelegano, Theresa) (Entered: 10/18/2013)

Oct. 17, 2013 PACER
46

NOTICE by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins re 45 Motion Hearing,, NOTICE OF CLARIFICATION (Gavoor, Aram) (Entered: 10/23/2013)

Oct. 23, 2013 PACER
47

Judge Michael A. Ponsor: ORDER REGARDING PLAINTIFF'S PETITION entered. As follows: In order to avoid needless delay to Plaintiff while this courts more detailed memorandum is prepared, Plaintiffs individual petition for writ of habeas corpus (Dkt. No. 1 ) is hereby ALLOWED, Plaintiffs Motion for Preliminary Injunction (Dkt. No. 2 ) is DENIED without prejudice, and Defendants Motion to Dismiss is DENIED (Dkt. No. 13 ). Defendants are hereby ordered to grant Plaintiff an individualized bond hearing within thirty days of this order. Also within thirty days, counsel will file a memoranda on the question of whether it is proper for the court to retain the case to resolve the class-wide allegations. It is So Ordered. See the attached order for complete details. (Lindsay, Maurice) (Entered: 10/23/2013)

Oct. 23, 2013 RECAP
48

Transcript of Motion Hearing held on October 17, 2013, before Judge Michael A. Ponsor. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 11/15/2013. Redacted Transcript Deadline set for 11/25/2013. Release of Transcript Restriction set for 1/23/2014. (Scalfani, Deborah) (Entered: 10/25/2013)

Oct. 25, 2013 PACER
49

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 10/25/2013)

Oct. 25, 2013 PACER
50

Joint MOTION for Extension of Time to File [Joint Motion to Set Sequential Briefing Schedule] by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Clayton Richard Gordon, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins.(Gavoor, Aram) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
51

NOTICE by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins re 47 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss for Failure to State a Claim,,,,,, Notice of Bond Hearing Scheduling (Attachments: # 1 Exhibit A - Form I-286, Notice of Custody Determination, # 2 Exhibit B - Notice of Custody Redetermination Hearing)(Gavoor, Aram) (Entered: 11/01/2013)

Nov. 1, 2013 PACER
52

ELECTRONIC NOTICE Setting Hearing on Motion 50 Joint MOTION for Extension of Time to File [Joint Motion to Set Sequential Briefing Schedule] : Motion Hearing set for 12/19/2013 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
53

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 50 Motion for Extension of Time to File. The proposed superseding schedule is adopted and so ordered. Counsel will appear for argument on 12/19/13 at 10 am. (Pelegano, Theresa) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
54

ELECTRONIC NOTICE Setting Hearing on Motion 16 MOTION to Certify Class : ***TIME CHANGE***** Motion Hearing set for 12/19/2013 11:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 11/07/2013)

Nov. 7, 2013 PACER
55

MOTION for Leave to File Amended Complaint by Clayton Richard Gordon. (Attachments: # 1 Proposed Amended Class Action Complaint and Petition for Writ of Habeas Corpus)(Lafaille, Adriana) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
56

MEMORANDUM in Support re 55 MOTION for Leave to File Amended Complaint filed by Clayton Richard Gordon. (Lafaille, Adriana) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
57

Proposed Document(s) submitted by Clayton Richard Gordon. Document received: Proposed Amended Memorandum of Law in Support of Motion for Certification of Class. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 Michael Tan Declaration, # 3 Exhibit 2 Gordon I-213, # 4 Exhibit 3 ICE News Releases, # 5 Exhibit 4 Elizabeth Badger Declaration, # 6 Exhibit 5 Lawes I-213)(Lafaille, Adriana) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
59

MEMORANDUM in Support re 55 MOTION for Leave to File Amended Complaint and in response to Court's Oct. 23, 2013 Order filed by Clayton Richard Gordon. (Lafaille, Adriana) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
60

Opposition re 16 MOTION to Certify Class, 55 MOTION for Leave to File Amended Complaint Defendants-Respondents' Non-Opposition to Class Action Jurisdiction, Conditional Opposition to the Proposed Amended Complaint and Opposition to Class Certification filed by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins. (Gavoor, Aram) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
61

Assented to MOTION for Leave to File Reply in support of Motion for Certification of Class by Clayton Richard Gordon.(Lafaille, Adriana) (Entered: 12/11/2013)

Dec. 11, 2013 PACER
62

REPLY to Response to 16 MOTION to Certify Class filed by Clayton Richard Gordon. (Lafaille, Adriana) (Entered: 12/13/2013)

Dec. 13, 2013 PACER
63

NOTICE OF APPEAL as to 47 Order on Motion for Preliminary Injunction, Order on Motion to Dismiss for Failure to State a Claim,,,,,, by Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, Janet Napolitano, John Sandweg, Steven W. Tompkins Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 1/6/2014. (Gavoor, Aram) (Entered: 12/16/2013)

Dec. 16, 2013 PACER
64

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 63 Notice of Appeal. (Paine, Matthew) (Entered: 12/16/2013)

Dec. 16, 2013 PACER
65

USCA Case Number 13-2509 for 63 Notice of Appeal filed by Michael G. Bellotti, Eric H. Holder, Jr., Joseph D. McDonald, Jr., Janet Napolitano, John Sandweg, Sean Gallagher, Thomas M. Hodgson, Christopher J. Donelan, Steven W. Tompkins. (Entered: 12/16/2013)

Dec. 16, 2013 PACER
66

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 61 Motion for Leave to File Reply in support of Motion for Certification of Class; ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lindsay, Maurice) (Entered: 12/17/2013)

Dec. 16, 2013 PACER
67

REPLY to Response to 16 MOTION to Certify Class filed by Clayton Richard Gordon. (Lafaille, Adriana) (Entered: 12/17/2013)

Dec. 17, 2013 PACER
68

ELECTRONIC NOTICE OF RESCHEDULING***** TIME CHANGE******The Motion Hearing 12/19/2013 will be at 12:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 12/18/2013)

Dec. 18, 2013 PACER
69

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 55 Motion for Leave to File Amended Complaint; ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lindsay, Maurice) (Entered: 12/19/2013)

Dec. 19, 2013 PACER
70

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 12/19/2013 re 16 MOTION to Certify Class filed by Clayton Richard Gordon, Preciosa Antunes, 55 MOTION for Leave to File Amended Complaint filed by Clayton Richard Gordon. Motion to amend is allowed. Motion to Certify class is taken under advisement. Status report due 1/3/14 re: possible supp. brief and possible SJ motion. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: LAfaille, Segal, Gavoor, Badger, Lee, Robinovitz) (Pelegano, Theresa) (Entered: 12/20/2013)

Dec. 19, 2013 PACER
71

Set/Reset Deadlines: Status Report due by 1/3/2014. (Finn, Mary) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
72

AMENDED COMPLAINT against Sean Gallagher, Joseph D. McDonald, Jr, Janet Napolitano, Christopher J. Donelan, Steven W. Tompkins, Michael G. Bellotti, Eric H. Holder, Jr., Thomas M. Hodgson, John Sandweg, filed by Clayton Richard Gordon, Gustavo Ribeiro Ferreira, Valbourn Sahidd Lawes, Nhan Phung Vu.(Lafaille, Adriana) (Main Document 72 replaced on 12/20/2013 with correct captioned main document) (Finn, Mary). Modified on 12/20/2013 (Finn, Mary). (Entered: 12/20/2013)

Dec. 20, 2013 PACER
73

Summons Issued as to Rand Beers. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Finn, Mary) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
74

MOTION for Order to Show Cause by Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu. (Attachments: # 1 Text of Proposed Order)(Lafaille, Adriana) (Entered: 12/24/2013)

Dec. 24, 2013 PACER
75

MEMORANDUM in Support re 74 MOTION for Order to Show Cause filed by Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu. (Attachments: # 1 Exhibit List, # 2 Exhibit A Declaration of Natasha Lewis, # 3 Exhibit B Declaration of Gustavo Ferreira, # 4 Exhibit C Declaration of Telfa Williams, # 5 Exhibit D Ferreira - Notice to Appear, # 6 Exhibit E Ferreira - Conviction Record, # 7 Exhibit F Ferreira - June 2010 Arrest Record, # 8 Exhibit G Ferreira - Sept 2010 Arrest Record, # 9 Exhibit H Ferreira - Notice of Completion of Probation, # 10 Exhibit I Lawes - Notice to Appear, # 11 Exhibit J Lawes - Conviction Record, # 12 Exhibit K Lawes - Order of Immigration Judge, # 13 Exhibit L Vu - Notice to Appear, # 14 Exhibit M Vu - Custody Order, # 15 Exhibit N Vu - Conviction Record)(Lafaille, Adriana) (Entered: 12/24/2013)

Dec. 24, 2013 PACER
76

Transcript of Motion Hearing held on December 19, 2013, before Judge Michael A. Ponsor. COA Case No. 13-2509. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Alice Moran at 413-731-0086 Redaction Request due 1/20/2014. Redacted Transcript Deadline set for 1/30/2014. Release of Transcript Restriction set for 3/31/2014. (Scalfani, Deborah) (Entered: 12/30/2013)

Dec. 30, 2013 PACER
77

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 12/30/2013)

Dec. 30, 2013 PACER
78

Joint MOTION for Extension of Time (Joint Motion to Set Briefing Schedule) by Rand Beers, Michael G. Bellotti, Christopher J. Donelan, Gustavo Ribeiro Ferreira, Sean Gallagher, Clayton Richard Gordon, Thomas M. Hodgson, Eric H. Holder, Jr., Valbourn Sahidd Lawes, Joseph D. McDonald, Jr, John Sandweg, Steven W. Tompkins, Nhan Phung Vu.(Gavoor, Aram) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
79

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered RE: Plaintiff's Petition for Writ of Habeas Corpus, Plaintiff's Motion for Preliminary Injunction, and Defendant's Motion to Dismiss. (Pelegano, Theresa) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
80

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. Regarding 78 Joint Motion to set briefing schedule. The dates proposed by counsel have been slightly adjusted to accommodate the fact that the court has required some time to rule on this motion. The court orders as follows: Defendants will file their response to the petitions for habeas corpus by 1/24/14, Plaintiffs will file their motion for summary judgment and supplemental class certification noby 1/24/14, Plaintiffs opposition to Defendants cross-motion for summary judgment and reply in support of the motion for summary judgment due 2/24/14, Defendants reply in support of its cross-motion for summary judgment due 3/6/14, and Counsel will appear again for argument on the pending motions on 3/18/2014 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
81

ANSWER to 72 Amended Complaint, by Rand Beers, Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, John Sandweg, Steven W. Tompkins.(Gavoor, Aram) (Entered: 01/17/2014)

Jan. 17, 2014 PACER
82

NOTICE of Appearance by Elizabeth J. Stevens on behalf of Rand Beers, Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, John Sandweg, Steven W. Tompkins (Stevens, Elizabeth) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
83

MOTION for Summary Judgment by Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu. (Attachments: # 1 Text of Proposed Order)(Lafaille, Adriana) (Entered: 01/24/2014)

Jan. 24, 2014 PACER
84

MEMORANDUM in Support re 83 MOTION for Summary Judgment and Supplemental Submission in Support of Class Certification filed by Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu. (Attachments: # 1 Appendix, # 2 Statement of Facts)(Lafaille, Adriana) (Entered: 01/24/2014)

Jan. 24, 2014 PACER
85

RESPONSE/ANSWER to Mssrs Ferreira,Lawes, and Vu's Petition for a Writ of Habeas Corpus 72 Amended Complaint, 75 by Rand Beers, Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, John Sandweg, Steven W. Tompkins. (Stevens, Elizabeth) (Entered: 01/24/2014)

Jan. 24, 2014 PACER
86

NOTICE of Appearance by Jeffrey T. Collins on behalf of Michael G. Bellotti, Christopher J. Donelan, Thomas M. Hodgson, Joseph D. McDonald, Jr, Steven W. Tompkins (Collins, Jeffrey) (Entered: 02/03/2014)

Feb. 3, 2014 PACER
87

NOTICE of Appearance by Sarah B. Fabian on behalf of Rand Beers, Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, John Sandweg, Steven W. Tompkins (Fabian, Sarah) (Entered: 02/06/2014)

Feb. 6, 2014 PACER
88

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 74 Motion for Order to Show Cause. ALLOWED. For the reasons set forth in Dkt.79, Respondents are hereby ordered to provide these three Petitioners with an individualized bond hearing no later than March 28, 2014. (Lindsay, Maurice) (Entered: 02/07/2014)

Feb. 7, 2014 RECAP
89

Opposition re 83 MOTION for Summary Judgment filed by Rand Beers, Michael G. Bellotti, Christopher J. Donelan, Sean Gallagher, Thomas M. Hodgson, Eric H. Holder, Jr., Joseph D. McDonald, Jr, John Sandweg, Steven W. Tompkins. (Fabian, Sarah) (Entered: 02/14/2014)

Feb. 14, 2014 PACER
90

NOTICE of Withdrawal of Appearance by Aram A. Gavoor (Gavoor, Aram) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
91

REPLY to Response to 83 MOTION for Summary Judgment and in Further Support of Class Certification filed by Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu. (Lafaille, Adriana) (Entered: 02/24/2014)

Feb. 24, 2014 PACER
93

Assented to MOTION for Leave to File Second Amended Complaint by Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu, Cesar Chavarria Restrepo. (Attachments: # 1 Proposed Second Amended Complaint)(Lafaille, Adriana) (Entered: 03/10/2014)

March 10, 2014 PACER
94

MEMORANDUM in Support re 93 Assented to MOTION for Leave to File Second Amended Complaint filed by Cesar Chavarria Restrepo, Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu. (Lafaille, Adriana) (Entered: 03/10/2014)

March 10, 2014 PACER
95

ELECTRONIC NOTICE OF RESCHEDULING ** TIME CHANGE AND COURTROOM CHANGED****Hearing set for 3/18/2014 03:00 PM in Franklin Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 03/11/2014)

March 11, 2014 PACER
96

Notice of Supplemental Authorities re 16 MOTION to Certify Class, 83 MOTION for Summary Judgment (Attachments: # 1 Supplemental Authority)(Lafaille, Adriana) (Entered: 03/12/2014)

March 12, 2014 PACER
97

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 93 Motion for Leave to File Amended Complaint; ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lindsay, Maurice) (Entered: 03/19/2014)

March 18, 2014 PACER
98

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 3/18/2014 re 16 MOTION to Certify Class filed by Clayton Richard Gordon, Preciosa Antunes, 83 MOTION for Summary Judgment filed by Valbourn Sahidd Lawes, Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Nhan Phung Vu. Argument completed. Order to issue. Proposed stipulation due on 3/21/14. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Lafaille, Segal, Badger, Fabian) (Pelegano, Theresa) (Entered: 03/19/2014)

March 18, 2014 PACER
99

AMENDED COMPLAINT against Joseph D. McDonald, Jr, Christopher J. Donelan, Sean Gallagher, Steven W. Tompkins, Michael G. Bellotti, Eric H. Holder, Jr., Thomas M. Hodgson, John Sandweg, Jeh Charles Johnson, filed by Cesar Chavarria Restrepo, Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu.(Lafaille, Adriana) (Entered: 03/19/2014)

March 19, 2014 PACER
100

JOINT STATEMENT of counsel Regarding Case Procedure. (Fabian, Sarah) (Entered: 03/21/2014)

March 21, 2014 PACER
101

NOTICE by Cesar Chavarria Restrepo, Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu Notice of Custody Hearing for Cesar Chavarria Restrepo on March 27, 2014 (Lafaille, Adriana) (Entered: 03/25/2014)

March 25, 2014 PACER
102

MOTION to Certify Class by Cesar Chavarria Restrepo, Gustavo Ribeiro Ferreira, Clayton Richard Gordon, Valbourn Sahidd Lawes, Nhan Phung Vu.(Lafaille, Adriana) (Entered: 03/25/2014)

March 25, 2014 PACER

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Aug. 8, 2013

Closing Date: June 26, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lawful permanent residents in detention.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Department of Homeland Security, Federal

Department of Justice, Federal

Sheriff's Office (Franklin), County

Sheriff's Office (Norfolk), County

Sheriff's Office (Suffolk), County

Sheriff's Office (Bristol), County

Sheriff's Office (Plymouth), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

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

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Type of Facility:

Government-run

Immigration/Border:

Detention - criteria

Detention - procedures