Case: Urbina v. Rustin

2:08-cv-00979 | U.S. District Court for the Western District of Pennsylvania

Filed Date: July 11, 2008

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On July 11, 2008, two detainees filed a habeas petition and class action suit in the Western District of Pennsylvania against the Warden of Allegheny County Jail challenging their continued detention pursuant to immigration detainers and alleging violations of the Fourteenth Amendment. Despite the fact that the criminal charges against plaintiffs had been dropped, they were continuously detained due to detainers placed on them by federal Immigration and Customs Enforcement ("ICE") agents. Plain…

On July 11, 2008, two detainees filed a habeas petition and class action suit in the Western District of Pennsylvania against the Warden of Allegheny County Jail challenging their continued detention pursuant to immigration detainers and alleging violations of the Fourteenth Amendment. Despite the fact that the criminal charges against plaintiffs had been dropped, they were continuously detained due to detainers placed on them by federal Immigration and Customs Enforcement ("ICE") agents. Plaintiffs, represented by attorneys for the Community Justice Project, sought habeas relief.

Plaintiffs filed a motion for class certification on July 23, 2008, seeking to certify a class consisting of all who are or will be detained in the Allegheny County Jail based solely on an immigration detainer and without the opportunity to object to their detention. The same day, the district court (Judge David S. Cercone) denied the habeas petition as moot, dismissed the action, and denied the motion for class certification because ICE had assumed custody of both petitioners.

Summary Authors

Jennifer Bronson (11/20/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/12465637/parties/urbina-v-rustin/

Judge(s)

Cercone, David S. (Pennsylvania)

Attorney for Plaintiff

Driscoll, Donald (Pennsylvania)

Welling, Evalynn B. (Pennsylvania)

Attorney for Defendant

Farrell, Megan (Pennsylvania)

Wojcik, Michael H. (Pennsylvania)

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Documents in the Clearinghouse

Document

2:08-cv-00979

[DOCKET]

July 23, 2008

July 23, 2008

Docket
1

2:08-cv-00979

Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241

July 11, 2008

July 11, 2008

Pleading / Motion / Brief
14

2:08-cv-00979

Order of Court

July 23, 2008

July 23, 2008

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/12465637/urbina-v-rustin/

Last updated April 8, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 948478), filed by WILMER URBINA, RUTILO ROMERO-RAMIREZ. (Attachment: # 1 Civil Cover Sheet) (jsp) (Entered: 07/11/2008)

July 11, 2008

July 11, 2008

Clearinghouse
2

ORDER TO SHOW CAUSE - Respondent, Ramon C. Rustin, shall show cause why the petition for writ of habeas corpus should not be granted on or before Wednesday, July 16, 2008. IT IS FURTHER ORDERED that a hearing on Petitioners' Writ is hereby scheduled for Wednesday, July 23, 2008, at 10:00 a.m. Courtroom No. 7A, 7th Floor, United States Post Office & Courthouse, Pittsburgh, PA. Respondent shall produce Petitioner, WILMER URBINA, and minor detainee OMAR ROMERO-VILLEGAS at the hearing. IT IS FURTHER ORDERED that Petitioner shall immediately serve a copy of this Rule to Show Cause and Order setting the hearing upon Respondent and counsel for Respondent via electronic mail and hand delivery; and upon service of this Rule to Show Cause and Order, Petitioners shall file a return of service forthwith. Signed by Judge David S. Cercone on 7/14/08. (jmc) (Entered: 07/14/2008)

July 14, 2008

July 14, 2008

PACER
3

NOTICE of Appearance by Evalynn B. Welling on behalf of RUTILO ROMERO-RAMIREZ (Welling, Evalynn) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
4

DECLARATION (Return of Service) re 2 Order to Show Cause by RUTILO ROMERO-RAMIREZ Affiant: Donald Driscoll. (Welling, Evalynn) Modified on 7/16/2008. (jsp) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
5

NOTICE of Appearance by Michael H. Wojcik on behalf of RAMON C. RUSTIN (Wojcik, Michael) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
6

RESPONSE to 2 Order to Show Cause filed by RAMON C. RUSTIN. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Wojcik, Michael) Modified on 7/16/2008. (jsp) (Entered: 07/15/2008)

July 15, 2008

July 15, 2008

PACER
7

MOTION to Expedite Discovery by WILMER URBINA. (Attachments: # 1 Proposed Order, # 2 Exhibit A) (Driscoll, Donald) Modified to remove duplicative attachment description on 7/17/2008. (jsp) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

PACER
8

MOTION for Extension of Time to File Response/Reply as to 2 Order to Show Cause by RAMON C. RUSTIN. (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Farrell, Megan) Modified on 7/17/2008. (jsp) (Entered: 07/16/2008)

July 16, 2008

July 16, 2008

PACER
9

ORDER granting 8 Motion for Extension of Time to File Response to Rule to Show Cause. Responses due by 7/21/2008. Signed by Judge David S. Cercone on 7/17/08. (jmc) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
10

ORDER denying 7 Motion for Expedited Discovery. Signed by Judge David S. Cercone on 7/17/08. (jmc) (Entered: 07/17/2008)

July 17, 2008

July 17, 2008

PACER
11

RESPONSE to 2 Order to Show Cause, 1 Petition for Writ of Habeas Corpus, filed by RAMON C. RUSTIN. (Attachments: # 1 Simon Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Farrell, Megan) Modified on 7/22/2008. (jsp) (Entered: 07/21/2008)

July 21, 2008

July 21, 2008

PACER
12

MOTION to Certify Class by WILMER URBINA, RUTILO ROMERO-RAMIREZ. (Attachment: # 1 Proposed Order) (Driscoll, Donald) Modified on 7/24/2008. (jsp) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

PACER
13

ORDER re 1 Petition for Writ of Habeas Corpus filed by WILMER URBINA, RUTILO ROMERO-RAMIREZ is DENIED as moot and this action is dismissed. MOTION to Certify Class filed by WILMER URBINA is DENIED. The Clerk is to mark CASE CLOSED. Signed by Judge David S. Cercone on 7/23/08. (jmc) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

PACER
14

CORRECTIVE ENTRY re 13 CORRECTED ORDER denying Petition for Writ of Habeas Corpus filed by WILMER URBINA, RUTILO ROMERO-RAMIREZ as moot and dismissing action. Order also denying MOTION to Certify Class filed by WILMER URBINA. (jmc) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

PACER
15

Minute Entry for Show Cause Hearing on Petition for Writ of Habeas Corpus held before Judge David S. Cercone on 7/23/2008: Petition for Writ of Habeas Corpus denied as moot. Case dismissed. Order filed. (Court Reporter: Wenger) (jmc) (Entered: 07/23/2008)

July 23, 2008

July 23, 2008

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 11, 2008

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

2 individuals detained in county jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Warden of Allegheny County Jail (Allegheny), County

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Immigration/Border:

Detention - procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Over/Unlawful Detention (facilities)

Placement in detention facilities