Case: Castro v. Freeman

1:09-cv-00208 | U.S. District Court for the Southern District of Texas

Filed Date: Sept. 7, 2009

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 7, 2009, U.S. citizens who were detained when crossing from Mexico into Texas filed a lawsuit in the U.S. District Court for the Southern District of Texas against the Department of State (DOS) and the Department of Homeland Security (DHS), challenging the procedures used by the Customs and Border Protections (CBP). Plaintiffs, represented by attorneys from the Refugio del Rio Grande and Jones & Crane, claimed that the procedures violated their due process rights. Plaintiffs initia…

The original claims arose from the detention of a family at the border. Two female members of the family were born in the United States. Their mother, a Mexican citizen, later took them to Mexico and registered them as born in Mexico so that the girls could attend school in Mexico. When the women attempted to cross the border 20 years later with a U.S. passport and U.S. birth certificate respectively, they were detained and interrogated. The case was filed while they were still being held at the port of entry.

In the course of several amended complaints, plaintiffs added six additional plaintiffs and multiple additional claims challenging the policies of both DOS and CBP. The third amended complaint by ten individuals included habeas claims, requests for declaratory and injunctive relief, requests for declaration of citizenship, and claims of violations of the Federal Torts Claims Act. Plaintiffs also added a Bivens claim for monetary damages on behalf of the original plaintiffs. On April 26, 2011, the court (Judge Hilda G. Tagle) severed the FTCA and Bivens claims from the rest of the case. The court also severed plaintiffs' citizenship claims to be separate cases.

In the April 26 order, the court ruled on several other motions. It dismissed plaintiffs' claims for unreasonable delay in adjudication. It also dismissed plaintiffs' claims for relief under 8 USC §1503 where plaintiffs had already received their passports. The court also denied plaintiffs' motion for class certification as moot, but allowed leave to refile.

On June 11, 2011 plaintiffs filed their fourth amended complaint. The claims were: (1) violations of the Fifth and Fourteenth Amendments and the APA in conjunction with jurisdiction under the Mandamus Act for improperly applying the preponderance of the evidence standard in adjudicating passport applications; (2) violations of the Fifth and Fourteenth Amendments in failing to provide due process in adjudicating passport applications, revoking passports based on non-nationality, hearings for passports denied or revoked; (3) violations of the Equal Protection Clause for denying and revoking passports based on non-nationality; and (4) violations of the Fifth and Fourteenth Amendments and the U.N. Convention Against Torture and the Federal Detainee Act of 2005 due to mistreatment of persons at the border claiming to be U.S. citizens as well as (5) their parents. Later on June 27, 2011, the plaintiffs re-filed their motion to certify a class requesting that the court certify two classes.

On November 22, 2011, the court ruled on defendants' motion to dismiss. Most claims were dismissed. The only claims that remained were claims 1 pursuant to the Fifth Amendment, Fourteenth Amendment, and Mandamus Act and claim 4 under the Fifth and Fourteenth Amendment. The court, therefore, denied the motion for class certification as moot.

On December 7, 2012, the court ruled on defendants' motions to dismiss the remaining claims. The court granted in part, and denied in part, allowing the claims to go forward with respect to certain named plaintiffs.

On March 13, 2013, the plaintiffs filed another motion for class certification.

On September 30, 2013, plaintiffs filed their fifth and final amended complaint. At that point, the case centered on the standard of proof applied by DOS in adjudicating U.S. citizenship claims and the agency's failure to afford U.S. citizenship claimants any meaningful opportunity to challenge its decisions to deny a U.S. passport application or revoke an existing passport. Specifically, plaintiffs alleged that DOS made arbitrary requests for documents and asked for irrelevant personal information when deciding whether to issue passports. Plaintiffs argued that DOS's practices violated their Fifth Amendment due process rights. The complaint requested class certification and declaratory and injunctive relief.

On March 26, 2014, the court denied plaintiffs’ fifth amended class action complaint. Judge Tagle found that the plaintiffs had not raised an issue common to the class, capable of class-wide resolution. This was because even if the court found that the DOS systematically misapplied the standard of proof when adjudicating U.S. citizenship claims, each individual’s claims would need to be considered separately. Therefore, while the plaintiffs’ class complaint did raise common questions, there could be no one common answer to the questions raised.

On May 2, 2014, the plaintiffs voluntarily dismissed their claim that the DOS improperly applied the standard of proof when revoking U.S. passports, and further agreed not to initiate any litigation for attorney’s fees. Three days later, the parties filed a joint status report stating that there were no other claims pending in this case. On May 8, 2014, the Judge Tagle ordered the case closed.

Summary Authors

Jennifer Bronson (11/18/2013)

Dawn Lui (10/21/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60983325/parties/castro-v-freeman/

Judge(s)

Attorney for Plaintiff

Brodyaga, Lisa S. (Texas)

Brodyaga, Elisabeth Lisa (Texas)

Diez, Jaime M (Texas)

Attorney for Defendant

Fabian, Sarah B. (District of Columbia)

Jr, Victor Rodriguez (Texas)

Judge(s)

Tagle, Hilda G. (Texas)

Attorney for Plaintiff

Brodyaga, Lisa S. (Texas)

Brodyaga, Elisabeth Lisa (Texas)

Diez, Jaime M (Texas)

Maldonado, Javier N (Texas)

Potter, Cathy Jean (Texas)

Realmuto, Trina (District of Columbia)

Attorney for Defendant

Fabian, Sarah B. (District of Columbia)

Jr, Victor Rodriguez (Texas)

Rodriguez, Victor Jr (Texas)

Saltman, Julie Shana (District of Columbia)

Stevens, Elizabeth Jones (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:09-cv-00208	Docket [PACER]	May 8, 2014	May 8, 2014 Docket
1 1:09-cv-00208	Petition for Writ of Habeas Corpus Class Action Complaint for Declaratory and Injunctive Relief Application for Temporary Restraining Order and Motion for Preliminary Injunction	Sept. 7, 2009	Sept. 7, 2009 Pleading / Motion / Brief
156 1:09-cv-00208	Plaintiffs' Opposed First Motion for Class Certification	April 18, 2011	April 18, 2011 Pleading / Motion / Brief
158 1:09-cv-00208	Order	April 26, 2011	April 26, 2011 Order/Opinion
190 1:09-cv-00208	Order	Nov. 22, 2011	Nov. 22, 2011 Order/Opinion 2011 WL 11535494
221 1:09-cv-00208	Order	Dec. 7, 2012	Dec. 7, 2012 Order/Opinion
227 1:09-cv-00208	Plaintiffs' Opposed Third Motion for Class Certification	March 15, 2013	March 15, 2013 Pleading / Motion / Brief
240 1:09-cv-00208	Fifth Amended Class Action Complaint for Declaratory and Injunctive Relief	Sept. 30, 2013	Sept. 30, 2013 Complaint
254 1:09-cv-00208	Order	March 26, 2014	March 26, 2014 Order/Opinion
258 1:09-cv-00208	Order	May 8, 2014	May 8, 2014 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60983325/castro-v-freeman/

Last updated July 29, 2026, 3:12 a.m.

Docket for: Castro v. Freeman

ECF Number	Date	Description	Link
1	Sept. 7, 2009	PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number 05410000000005456417) filed by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro.(Brodyaga, Elisabeth) (Entered: 09/07/2009)	RECAP
2	Sept. 7, 2009	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(Brodyaga, Elisabeth) (Entered: 09/07/2009)	RECAP
3	Sept. 7, 2009	Sealed Event, filed. (Entered: 09/07/2009)	RECAP
4	Sept. 7, 2009	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(Brodyaga, Elisabeth) (Entered: 09/07/2009)	RECAP
5	Sept. 7, 2009	MOTION for Temporary Restraining Order by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed. Motion Docket Date 9/30/2009. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) Modified on 1/6/2010 (bcampos, ). Modified on 7/14/2010 (bcampos, ). (Entered: 09/07/2009)	RECAP
	Sept. 8, 2009	Summons Issued as to Hillary Clinton, filed.(mperez, ) (Entered: 09/10/2009)	PACER
	Sept. 8, 2009	Summons Issued as to Janet Napolitano, filed.(mperez, ) (Entered: 09/10/2009)	PACER
	Sept. 8, 2009	Minute Entry for proceedings held before Judge Hilda G Tagle.MOTION HEARING held on 9/8/2009 as to MEMBER CASE: 1:09cv208. Case called. Appearances: Elisabeth Lisa S Brodyaga, Jaime M Diez, Elizabeth J. Stevens, Victor Rodriguez and Daniel Hu. Ms. Stevens motion to appear telephonically (#15) was granted. Counsel addressed the Court on their respective positions regarding this motion. Discussion had. The parties are in agreement to reset for a later date to allow Respondents time to fully investigate what occurred on the date in question. Ms. Stevens requested a brief recess to call her clients regarding the issue of admitting Petitioner Laura Nancy Castro; request granted. Hearing resumed. Ms. Stevens was unable to reach her clients. The Court ORDERED the admission of Laura Nancy Castro into the United States as a person with undetermined status under the parties. This Order is based on the representation by Plaintiff's counsel that the Petitioner needs medical care due to her pregnancy and the possibility of a miscarriage. The Court granted Plaintiffs Temporary Restraining Order and ORDERS Respondents to admit Petitioner Laura Nancy Castro into the United States immediately. An Order will follow. (Court Reporter: Heather Hall), filed. [4:17−4:35/4:49−4:52](bcampos, ) (Entered: 06/11/2010)	PACER
	Sept. 8, 2009	Summons Issued as to Hillary Clinton, filed.(bcampos, ) (Entered: 06/11/2010)	PACER
	Sept. 8, 2009	Summons Issued as to Janet Napolitano, filed.(bcampos, ) (Entered: 06/11/2010)	PACER
	Sept. 8, 2009	Summons Issued as to Michael T Freeman, filed.(bcampos, ) (Entered: 06/11/2010)	PACER
	Sept. 8, 2009	Summons Issued as U.S. Attorney, filed.(bcampos, ) (Entered: 06/11/2010)	PACER
	Sept. 8, 2009	Summons Issued as to Eric J. Holder, Jr., filed.(bcampos, ) (Entered: 06/11/2010)	PACER
14	Sept. 8, 2009	ORDER Setting Hearing on Motion 5 Motion for Temporary Restraining Order : Motion Hearing set for 9/8/09 at 4:00 p.m. in Courtroom 3 before Judge Hilda G. Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/11/2010)	RECAP
15	Sept. 8, 2009	Emergency MOTION (Motion Docket Date 10/1/2009) Motion Telephonic Appearance by Hillary Clinton, Michael T Freeman, filed. Motion Docket Date 9/29/2009. (bcampos, ) (Entered: 06/11/2010)	RECAP
16	Sept. 8, 2009	ORDER granting 15 Motion to Appear Telephonically as to Elizabeth J. Stevens. (Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/11/2010)	RECAP
	Sept. 8, 2009	Summons Issued as to Hillary Clinton, filed.(mperez, )
	Sept. 8, 2009	Summons Issued as to Janet Napolitano, filed.(mperez, )
	Sept. 8, 2009	Minute Entry for proceedings held before Judge Hilda G Tagle.MOTION HEARING held on 9/8/2009 as to MEMBER CASE: 1:09cv208. Case called. Appearances: Elisabeth Lisa S Brodyaga, Jaime M Diez, Elizabeth J. Stevens, Victor Rodriguez and Daniel Hu. Ms. Stevens motion to appear telephonically (#15) was granted. Counsel addressed the Court on their respective positions regarding this motion. Discussion had. The parties are in agreement to reset for a later date to allow Respondents time to fully investigate what occurred on the date in question. Ms. Stevens requested a brief recess to call her clients regarding the issue of admitting Petitioner Laura Nancy Castro; request granted. Hearing resumed. Ms. Stevens was unable to reach her clients. The Court ORDERED the admission of Laura Nancy Castro into the United States as a person with undetermined status under the parties. This Order is based on the representation by Plaintiff's counsel that the Petitioner needs medical care due to her pregnancy and the possibility of a miscarriage. The Court granted Plaintiffs Temporary Restraining Order and ORDERS Respondents to admit Petitioner Laura Nancy Castro into the United States immediately. An Order will follow. (Court Reporter: Heather Hall), filed. [4:17-4:35/4:49-4:52](bcampos, )
	Sept. 8, 2009	Summons Issued as to Hillary Clinton, filed.(bcampos, )
	Sept. 8, 2009	Summons Issued as to Janet Napolitano, filed.(bcampos, )
	Sept. 8, 2009	Summons Issued as to Michael T Freeman, filed.(bcampos, )
	Sept. 8, 2009	Summons Issued as U.S. Attorney, filed.(bcampos, )
	Sept. 8, 2009	Summons Issued as to Eric J. Holder, Jr., filed.(bcampos, )
17	Sept. 10, 2009	ORDER granting in part 5 Petitioner's Application for Temporary Restraining Order. The Court ORDERED the Respondents to admit Petitioner Laura Nancy Castro to the U.S. with the same rights as a person presenting a facially valid birth card and receipt for one's passport application and shall return to her any and all documents confiscated from her on or about August 24, 2009, when she was refused admission and returned to Mexico. Respondents shall comply with this order immediately. The Court CONTINUED the hearing until September 16, 2009 at 1:30 PM. The parties are ORDERED to appear on September 16, 2009 at 1:30 PM to resume the hearing of this motion No. 1:09-cv-208, Dkt. No. 5 (S.D. Tex. Sept 7, 2009).(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/11/2010)	RECAP
18	Sept. 10, 2009	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
19	Sept. 14, 2009	BRIEF in Support of Motion for Preliminary Injunction re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
20	Sept. 14, 2009	Amended BRIEF in Support of Motion for Preliminary Injunction re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
21	Sept. 15, 2009	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
22	Sept. 15, 2009	Amended EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
	Sept. 16, 2009	Minute Entry for proceedings held before Judge Hilda G Tagle. PRELIMINARY INJUNCTION HEARING held on 9/16/2009. Case called. Opening statements made. Witnesses sworn and placed under the Rule. Recess taken to allow counsel to confer over exhibits they intend to offer that are not objected to. Hearing resumed. Plaintiff's exhibits were offered, admitted and modified as to their exhibit number. Deft's exhibits 4, 5, 6, 7, 8 were admitted. The parties were advised to file their Amended Exhibit Lists by tomorrow afternoon. Ms Brodyaga called Trinidad Muraira. Witness testified and cross−examined by Mr Rodriguez. The Court Ordered the parties to file supplemental briefs regarding jurisdiction. The Court will continue with evidence in this matter on 9/25/09 at 10:30 a.m. Hearing adjourned. Appearances: Elisabeth Lisa S Brodyaga, Jaime M Diez, Victor Rodriguez, Jr, Julie Shana Saltman. (ERO:Rita Nieto) (Law Clerk: Iain Kennedy) (Interpreter:Karen Pena), filed. [1:45−4:57, filed.(bcampos, ) (Entered: 06/11/2010)	PACER
23	Sept. 16, 2009	RESPONSE in Opposition to 5 MOTION for Temporary Restraining Order, filed by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA. (bcampos, ) (Entered: 06/11/2010)	RECAP
24	Sept. 16, 2009	Witness List by Plaintiff, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
25	Sept. 16, 2009	Exhibit List by Plaintiffs, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
26	Sept. 16, 2009	Witness List by Deft, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
27	Sept. 16, 2009	Exhibit List by Deft, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
	Sept. 16, 2009	Minute Entry for proceedings held before Judge Hilda G Tagle. PRELIMINARY INJUNCTION HEARING held on 9/16/2009. Case called. Opening statements made. Witnesses sworn and placed under the Rule. Recess taken to allow counsel to confer over exhibits they intend to offer that are not objected to. Hearing resumed. Plaintiff's exhibits were offered, admitted and modified as to their exhibit number. Deft's exhibits 4, 5, 6, 7, 8 were admitted. The parties were advised to file their Amended Exhibit Lists by tomorrow afternoon. Ms Brodyaga called Trinidad Muraira. Witness testified and cross-examined by Mr Rodriguez. The Court Ordered the parties to file supplemental briefs regarding jurisdiction. The Court will continue with evidence in this matter on 9/25/09 at 10:30 a.m. Hearing adjourned. Appearances: Elisabeth Lisa S Brodyaga, Jaime M Diez, Victor Rodriguez, Jr, Julie Shana Saltman. (ERO:Rita Nieto) (Law Clerk: Iain Kennedy) (Interpreter:Karen Pena), filed. [1:45-4:57, filed.(bcampos, )
28	Sept. 17, 2009	Amended Exhibit List by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
29	Sept. 17, 2009	ORDER: Be it remembered that on 9/17/09, the Court ORDERED the Parties to brief all issues relating to Petitioners Laura Nancy Castro and Yuliana Trinidad Castro's Request for a Preliminary Injunction by 9/22/09, at 10:00 A.M., Dkt. #5. In particular, the Court ORDERED the Parties to brief whether this Court has jurisdiction to enter such an injunction under 28 USC 1503, 1453, or the Administrative Procedures Act. Therefore, the Court ORDERS that the hearing on Petitioner's Request for a Preliminary Injunction shall resume on 9/25/09 at 10:30 A.M in Courtroom 3 before Judge Hilda G Tagle..(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/11/2010)	RECAP
30	Sept. 20, 2009	Supplemental BRIEF in Support of Motion for Preliminary Injunction re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/11/2010)	RECAP
31	Sept. 22, 2009	BRIEF Oppositon by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed.(bcampos, ) Modified on 6/14/2010 (bcampos, ). (Entered: 06/11/2010)	RECAP
33	Sept. 22, 2009	ORDER entered. The Court AMENDED its Order of September 17, 2009, Dkt. No. 136, and rescheduled the resumption of the hearing on Petitioner's Request for Preliminary Injunction for September 25, 2009 at 8:00 a.m. Injunction Hearing set for 9/25/2009 at 08:00 AM in Courtroom 3 before Judge Hilda G. Tagle.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/14/2010)	RECAP
34	Sept. 22, 2009	Amended BRIEF in Opposition by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
35	Sept. 22, 2009	NOTICE of Filing Amended Brief re: 34 Brief by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
36	Sept. 23, 2009	ORDER entered. Be it remembered that on September 23, 2009, the court AMENDED its Order of September 17, 2009, Dkt. No. 136, and its Order of September 22, 2009, Dkt. No. 139, and rescheduled the resumption of the hearing on Petitioner's Request for Preliminary Injunction for September 24, 2009 a.m.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/14/2010)	RECAP
37	Sept. 23, 2009	EXHIBITS re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
38	Sept. 23, 2009	ORDER entered by the Court. The Court AMENDED its Order of September 23, 2009 and rescheduled the resumption of the hearing on Petitioner's Request for Preliminary Injunction for September 24, 2009 at 1:30 p.m.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/14/2010)	RECAP
39	Sept. 23, 2009	Supplemental BRIEF in Support of Motion for Preliminary Injunction re: 1 Petition for Writ of Habeas Corpus by Laura Nancy Castro, Yuliana Trinidad Castro, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
	Sept. 24, 2009	Minute Entry for proceedings held before Judge Hilda G Tagle. RESUMPTION of PRELIMINARY INJUNCTION HEARING held on 9/24/2009. Case called. Petitioner calls Claudio J. Ortiz to testify. Witness sworn and testified. Petitioner's exhibits 11A, 11B, 11C, B9 and B10 were admitted. Deft's objection to B9 and B10 was overruled. Testimony concluded; witness excused. Parties requested a recess to discuss a possible resolution. Recess taken. Hearing resumed. The parties have reached a partial resolution regarding the preliminary injunction. Petitioners have agreed to withdraw the preliminary injunction and will amend their complaint. Petitioner's Laura and Yuliana Castro will drop their 8 USC 1503 and APA claims. Laura Castro will remain in the U.S. until her passport is revoked and while deportation charges proceed against her. Yuliana Castro will be paroled to the U.S. and will remain while her case will proceed in immigration court. The Govt agrees not to detain Laura and Yuliana Castro while their immigration case proceeds unless they violate the law. The parties join in requesting the Court to enter an order that will sever this Member Case No. 09cv208 from Lead Case No. 07cv218 since the allegations in this case differ from the others. The Court will enter an order of severance once the Amended Complaint is filed by Petitioners. Hearing concluded; Court adjourned. Exhibits secured. Appearances: Elisabeth Lisa S Brodyaga, Jaime M Diez, Victor Rodriguez, Jr, Julie Shana Saltman. (ERO:Dahlila Ahumada) (Law Clerk: Iain Kennedy) (Interpreter: Ignacio Barrientos−in part), filed. [1:34−2:06/3:13−3:18](bcampos, ) (Entered: 06/14/2010)	PACER
40	Sept. 24, 2009	MOTION to Strike 37 Exhibits by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed. Motion Docket Date 10/15/2009. (bcampos, ) (Entered: 06/14/2010)	RECAP
41	Sept. 24, 2009	MOTION to Strike 39 Brief by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed. Motion Docket Date 10/15/2009. (bcampos, ) (Entered: 06/14/2010)	RECAP
42	Sept. 24, 2009	AO 435 TRANSCRIPT ORDER FORM by Plaintiff, Laura N. Castro. This is to order a transcript of Preliminary Injunction Hearing held on 9/24/09 before Judge Hilda G Tagle (original). Court Reporter/Transcriber: Transcriber, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
	Sept. 24, 2009	Minute Entry for proceedings held before Judge Hilda G Tagle. RESUMPTION of PRELIMINARY INJUNCTION HEARING held on 9/24/2009. Case called. Petitioner calls Claudio J. Ortiz to testify. Witness sworn and testified. Petitioner's exhibits 11A, 11B, 11C, B9 and B10 were admitted. Deft's objection to B9 and B10 was overruled. Testimony concluded; witness excused. Parties requested a recess to discuss a possible resolution. Recess taken. Hearing resumed. The parties have reached a partial resolution regarding the preliminary injunction. Petitioners have agreed to withdraw the preliminary injunction and will amend their complaint. Petitioner's Laura and Yuliana Castro will drop their 8 USC 1503 and APA claims. Laura Castro will remain in the U.S. until her passport is revoked and while deportation charges proceed against her. Yuliana Castro will be paroled to the U.S. and will remain while her case will proceed in immigration court. The Govt agrees not to detain Laura and Yuliana Castro while their immigration case proceeds unless they violate the law. The parties join in requesting the Court to enter an order that will sever this Member Case No. 09cv208 from Lead Case No. 07cv218 since the allegations in this case differ from the others. The Court will enter an order of severance once the Amended Complaint is filed by Petitioners. Hearing concluded; Court adjourned. Exhibits secured. Appearances: Elisabeth Lisa S Brodyaga, Jaime M Diez, Victor Rodriguez, Jr, Julie Shana Saltman. (ERO:Dahlila Ahumada) (Law Clerk: Iain Kennedy) (Interpreter: Ignacio Barrientos-in part), filed. [1:34-2:06/3:13-3:18](bcampos, )
43	Sept. 25, 2009	AO 435 TRANSCRIPT ORDER FORM by Jaime Diez. This is to order a transcript of Motion Hearing held on 9/24/09 before Judge Hilda G Tagle (original). Court Reporter/Transcriber: Transcriber, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
44	Oct. 29, 2009	TRANSCRIPT re: Continuation of Injunction Hearing held on 9/24/09 before Judge Hilda G Tagle. Court Reporter/Transcriber Exceptional Reporting. Release of Transcript Restriction set for 1/27/2010., filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
45	Nov. 6, 2009	ORDER entered. Be it remembered that on November 6, 2009, the court ORDERED the Petitioners to file their amended petition in Castro, et al vs. Clinton, et al., Civil Action No. B:09-218, by November 13, 2009. To date, Petitioners have not filed their amended complaint in this matter. Therefore, the Court ORDERS the Petitioners to do so by November 13, 2009.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/14/2010)	RECAP
46	Nov. 13, 2009	Unopposed MOTION for Extension of Time to file amended complaint by Laura Nancy Castro, Yuliana Trinidad Castro, Trinidad Muraira de Castro, filed. Motion Docket Date 12/4/2009. (bcampos, ) (Entered: 06/14/2010)	RECAP
47	Nov. 20, 2009	AMENDED Petition for Habeas Corpus against Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA filed by Laura Nancy Castro, Trinidad Muraira de Castro, Jessica Garcia, Yuliana Trinidad Castro.(bcampos, ) (Entered: 06/14/2010)	RECAP
48	Nov. 20, 2009	EXHIBITS re: 47 Amended Complaint/Counterclaim/Crossclaim etc. by Laura Nancy Castro, Yuliana Trinidad Castro, Jessica Garcia, Trinidad Muraira de Castro, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
49	Nov. 20, 2009	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
50	Dec. 7, 2009	RETURN of Service of SUMMONS Executed as to Michael T Freeman served on 9/11/2009, answer due 11/10/2009, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
51	Dec. 7, 2009	RETURN of Service of SUMMONS Executed as to Eliseo Cabrera on 12/1/09 answer due 12/22/09, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
52	Dec. 9, 2009	STIPULATION re: Extension of Time to Respond to Amended Complaint by Hillary Clinton, Michael T Freeman, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
53	Dec. 20, 2009	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
54	Jan. 19, 2010	Unopposed MOTION for Extension of Time Respond to Amended Complaint by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed. Motion Docket Date 2/9/2010. (bcampos, ) (Entered: 06/14/2010)	RECAP
55	Jan. 22, 2010	ORDER granting 54 Motion for Extension of Time; Answer due for Hillary Clinton 1/29/2010; Michael T Freeman 1/29/2010; Janet Napolitano 1/29/2010; UNITED STATES OF AMERICA 1/29/2010.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/14/2010)	RECAP
56	Feb. 11, 2010	AO 435 TRANSCRIPT ORDER FORM by Jaime Diez. This is to order a transcript of Preliminary Injunction Hearing held on 9/16/09 before Judge Hilda G Tagle (original). ERO: Rita Nieto, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
57	March 14, 2010	Sealed Event, filed. (With attachments) (Entered: 06/14/2010)	RECAP
58	March 16, 2010	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
59	March 22, 2010	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
60	March 22, 2010	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
61	March 31, 2010	TRANSCRIPT re: Partial Transcript - Testimony of Muraira De Castro only [Excerpt from Hearing on Injunction] merged FROM of B09CV208 Castro, et al vs. Freeman, et al held on 9/16/09 before Judge Hilda G Tagle. Court Reporter/Transcriber Transcribers of Texas, Inc.. Release of Transcript Restriction set for 6/29/2010., filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
62	April 2, 2010	Notice of Filing of Official Transcript as to 61 Transcript,. Party notified, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
63	April 4, 2010	Sealed Event, filed. (With attachments) (Entered: 06/14/2010)	RECAP
64	April 8, 2010	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
65	April 18, 2010	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
66	May 3, 2010	Opposed MOTION to Amend by Laura Nancy Castro, Yuliana Trinidad Castro, Jessica Garcia, filed. Motion Docket Date 5/24/2010. (bcampos, ) (Entered: 06/14/2010)	RECAP
67	May 3, 2010	Opposed MOTION to Sever CA B-09-208 from CA B-07-218 by Laura Nancy Castro, Yuliana Trinidad Castro, Jessica Garcia, filed. Motion Docket Date 5/24/2010. (bcampos, ) (Entered: 06/14/2010)	RECAP
68	May 3, 2010	Opposed MOTION to Consolidate Lead Case No. B-07-218 and Member Case No. B-09-208 by Laura Nancy Castro, Yuliana Trinidad Castro, Jessica Garcia, Trinidad Muraira de Castro, filed. Motion Docket Date 5/24/2010. (bcampos, ) (Entered: 06/14/2010)	RECAP
69	May 19, 2010	Sealed Event, filed. (Entered: 06/14/2010)	RECAP
70	May 24, 2010	NOTICE of Non-opposition re: 66 MOTION to Amend by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
71	May 24, 2010	NOTICE of Non-Opposition re: 67 MOTION to Sever CA B-09-208 from CA B-07-218 by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed. (bcampos, ) (Entered: 06/14/2010)	RECAP
72	May 24, 2010	STIPULATION re: Extension of Time to Respond by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
73	May 27, 2010	STATUS REPORT by Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA, filed.(bcampos, ) (Entered: 06/14/2010)	RECAP
6	June 3, 2010	Second AMENDED Petition for Writ of Habeas Corpus, Constitutional Tort Claims, Bivens Action for Damages, and Class Action Complaint for Declaratory and Injunctive Relief with Jury Demand against Hillary Clinton, Michael T Freeman, Janet Napolitano, UNITED STATES OF AMERICA filed by Laura Nancy Castro, Trinidad Muraira de Castro, Yuliana Trinidad Castro.(bcampos, ) (Entered: 06/04/2010)	RECAP
74	June 3, 2010	ORDER granting 66 Plaintiffs' Motion for Leave to File Second Amended Petition; granting 67 Plaintiffs' Motion to Sever. Finally, the Court ORDERS the Clerk to file Plaintiffs' Proposed Second Amended Petition, Dkt. No. 66, Ex. 1 into the new case record.(Signed by Judge Hilda G Tagle) Parties notified.(bcampos, ) (Entered: 06/14/2010)	RECAP
75	June 6, 2010	REPLY in Support of 68 MOTION to Consolidate Lead Case No. B-07-218 and Member Case No. B-09-208, filed by Laura Nancy Castro, Yuliana Trinidad Castro, Jessica Garcia, Trinidad Muraira de Castro. (bcampos, ) (Entered: 06/14/2010)	RECAP
7	June 9, 2010	DECLARATION of Jessica Garcia re: 6 Amended Complaint/Counterclaim/Crossclaim etc.,, filed.(Brodyaga, Elisabeth) (Entered: 06/09/2010)	RECAP
8	June 10, 2010	Sealed Event, filed. (Entered: 06/10/2010)	RECAP
9	June 10, 2010	MOTION for Order to Show Cause as to Why Preliminary Relief Should Not Be Granted by Jessica Garcia, filed. Motion Docket Date 7/1/2010. (Attachments: # 1 Memorandum in support, # 2 Proposed Order)(Brodyaga, Elisabeth) (Entered: 06/10/2010)	RECAP
10	June 10, 2010	MOTION Expedited Hearing by Jessica Garcia, filed. Motion Docket Date 7/1/2010. (Attachments: # 1 Proposed Order)(Brodyaga, Elisabeth) (Entered: 06/10/2010)	RECAP
11	June 10, 2010	MOTION for Preliminary Injunction by Jessica Garcia, filed. Motion Docket Date 7/1/2010. (Attachments: # 1 Memorandum of law, # 2 Proposed Order)(Brodyaga, Elisabeth) (Entered: 06/10/2010)	RECAP
12	June 10, 2010	ORDER, entered. BE IT REMEMBERED, that on June 10, 2010, the Court ORDERED the Defendants to respond to Plaintiff Jessica Garcia ("Garcia")'s Request for an Order to Show Cause and Motion for Preliminary Injunction and Expedited Hearing, Dkt. No. 9, by June 21, 2010. Therefore, the Court GRANTS Garcia leave to supplement her motion by June 18, 2010. Should the Court determine from the parties' submissions that a hearing is necessary, it will schedule one at that time. Responses due by 6/21/2010.(Signed by Judge Hilda G Tagle) Parties notified.(mperez, ) (Entered: 06/10/2010)	RECAP
13	June 11, 2010	EXHIBITS re: 11 MOTION for Preliminary Injunction, 10 MOTION Expedited Hearing, 9 MOTION for Order to Show Cause as to Why Preliminary Relief Should Not Be Granted by Laura Nancy Castro, Yuliana Trinidad Castro, Jessica Garcia, Trinidad Muraira de Castro, filed.(Brodyaga, Elisabeth) (Entered: 06/11/2010)	RECAP
32	June 13, 2010	Sealed Event, filed. (Entered: 06/13/2010)	RECAP
76	June 15, 2010	Notice of Filing of Official Transcript as to 61 Transcript, 44 Transcript. Party notified, filed. (dnoriega, ) (Entered: 06/15/2010)	RECAP
77	June 17, 2010	Sealed Event, filed. (Entered: 06/17/2010)	RECAP
78	June 17, 2010	EXHIBITS re: 11 MOTION for Preliminary Injunction, 9 MOTION for Order to Show Cause as to Why Preliminary Relief Should Not Be Granted by Jessica Garcia, filed.(Brodyaga, Elisabeth) (Entered: 06/17/2010)	RECAP
79	June 18, 2010	Sealed Event, filed. (Entered: 06/18/2010)	RECAP
80	June 18, 2010	Sealed Event, filed. (Entered: 06/18/2010)	RECAP