Case: Reid v. Donelan

3:13-cv-30125 | U.S. District Court for the District of Massachusetts

Filed Date: July 1, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 1, 2013, a lawful permanent resident held in immigration detention in Massachusetts for eight months filed a federal habeas petition under 18 U.S.C. § 2241, and a class-action complaint in the U.S. District Court for the District of Massachusetts, contending that the prolonged detention of himself and others similarly situated without an individualized bond hearing violated the Immigration & Nationality Act (INA), the Fifth Amendment's Due Process Clause, and the Eighth Amendment's Exce…

On July 1, 2013, a lawful permanent resident held in immigration detention in Massachusetts for eight months filed a federal habeas petition under 18 U.S.C. § 2241, and a class-action complaint in the U.S. District Court for the District of Massachusetts, contending that the prolonged detention of himself and others similarly situated without an individualized bond hearing violated the Immigration & Nationality Act (INA), the Fifth Amendment's Due Process Clause, and the Eighth Amendment's Excessive Bail Clause. The plaintiff was represented by Yale's Jerome N. Frank Legal Services Organization, the ACLU, and private attorneys. The defendants included several Massachusetts sheriffs, the Franklin County Jail, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ), and the Executive Office for Immigration Review (EOIR). District Court Judge Michael A. Ponsor was assigned to the case.

While living in the U.S., the plaintiff had been convicted of a number of crimes, including selling an illegal drug, third degree burglary, and failure to appear. As a result of those convictions, he was sentenced in Connecticut state court to twelve years in prison, to be suspended after five. After serving two years, he was paroled on November 13, 2012. On that same day, ICE took the plaintiff into custody and immediately took action to deport him to Jamaica. In removal proceedings, the plaintiff sought relief against deportation under the Convention Against Torture, and on the ground that his removal would be disproportionate to any underlying misconduct. The Immigration Judge denied relief, and after the Board of Immigration Appeals (BIA) remanded, the Immigration Judge denied relief a second time. On December 29, 2014, the BIA found error and remanded the case once more.

On January 9, 2014, the District Court granted the plaintiff's habeas petition and ordered ICE to provide the plaintiff with a bond hearing. The Court determined that 8 U.S.C. § 1226(c), the statute governing the detention of noncitizens who have committed certain crimes and are in removal proceedings, imposed a "reasonableness limit on the length of time an individual can be detained in immigration custody without an individual bond hearing." 991 F.Supp.2d 275. The Court held that detention beyond six months, absent an individualized assessment of flight risk or dangerousness, was presumptively unreasonable. In the alternative, the Court found that the individualized circumstances of the plaintiff's case rendered his continued detention unreasonable.

The plaintiff also argued in District Court that he had been needlessly shackled in Hartford Immigration Court. On March 6, 2014, the District Court held that ICE's nationwide policy of shackling detainees without an individualized finding of dangerousness violates the Due Process Clause of the Constitution. However, the Judge found that the claim of Mr. Reid himself was moot because he had been released on bond as a result of his successful habeas petition.

Finally, because ICE had repeatedly and unlawfully held detainees like the plaintiff for months or years without a bond hearing, the plaintiff had moved to represent a class of similarly situated detainees in Massachusetts (where ICE confines most Connecticut residents). The District Court granted the motion for class certification, defining the class as: all individuals who are or will be detained within the Commonwealth of Massachusetts pursuant to 8 U.S.C. § 1226(c) for over six months and have not been afforded an individualized bond hearing.

On May 27, 2014, the District Court granted summary judgment to the plaintiff class and ordered class-wide relief. The Court held that the defendants must: (1) cease and desist subjecting all current and future class members to mandatory detention; (2) immediately determine the custody of every current class member under 8 U.S.C. § 1226(a) and timely provide a bond hearing to every class member that seeks a redetermination of his or her custody by an Immigration Judge pursuant to 8 C.F.R. § 1003.19; (3) determine the custody of every future class member under 8 U.S.C. § 1226(a), and provide a bond hearing to every class member that seeks a redetermination of his or her custody by an Immigration Judge pursuant to 8 C.F.R. § 1003.19 & 1236.1(d); (4) provide class counsel with a list of identified class members, including their names and alien numbers, and the facility in which they are detained; and (5) submit to the Court a report detailing custody determinations, bond hearing information, etc.

The defendants appealed to the First Circuit Court of Appeals. On April 13, 2016, the First Circuit affirmed the District Court's judgment with respect to the plaintiff, but vacated the judgment as to the class members, and remanded the class action for reconsideration of the class certification. The Court disagreed with the District Court's adoption of the six-month bright line rule regarding detention under § 1226(c), preferring instead an individualized approach. And while it agreed that in the plaintiff's particular case his prolonged detention had become unreasonable, it determined that the adoption of the six-month rule was "an essential predicate to class certification" in the case, and by removing that predicate the class's legitimacy was called into question. 819 F.3d 486. On February 10, 2017, the defendants moved to decertify the class. The District Court denied the request on March 23.

On January 2, 2018, the case was appealed to the U.S. Supreme Court, but on April 16, the Supreme Court declined to hear the case.

On May 11, 2018, in light of the Supreme Court's decision in Jennings v. Rodriguez (summarized here), where the Court reversed the six-month detention rule that had been adopted by the Ninth Circuit, the First Circuit withdrew its 2016 opinion and vacated the judgment. The District Court’s judgment as to the plaintiff was again affirmed but vacated as to the class members. The class action was remanded for reconsideration of the certification order.

On May 30, 2018, the case was reassigned to Chief Judge Patti B. Saris.

On June 26, 2018, the defendants again moved to decertify the class. On October 23, 2018, the District Court denied the defendants' motion to decertify the class, and certified the following class: All individuals who are or will be detained within the Commonwealth of Massachusetts or the State of New Hampshire pursuant to 8 U.S.C. § 1226(c) for over six months and have not been afforded an individualized bond or reasonableness hearing.

On October 24, 2018, the plaintiffs amended their complaint, including new class representatives and expanding the class to include detainees at an additional county jail in New Hampshire.

On January 16, 2019, the plaintiffs moved for summary judgment on the individual habeas claims of the newly added named plaintiffs. However, this motion was denied as moot in February as those plaintiffs were no longer in detention.

On April 15, 2019, the plaintiffs filed another motion for summary judgment, this time renewing their constitutional claims, which the District Court had not reached in its prior decision. The defendants filed a cross-motion for summary judgment on the same day.

On July 9, 2019, Judge Saris granted in part and denied in part the parties' motions. 390 F.Supp.3d 201. First, the court agreed that mandatory detention without a bond hearing under 8 U.S.C. § 1226(c) violates due process when circumstances render the detention unreasonably prolonged in relation to its purpose (ensuring removal of criminal noncitizens). Second, it held that the determination of whether mandatory detention without a bond hearing has become unreasonably prolonged is a fact-specific analysis, rejecting the plaintiffs' request for a bright-line six-month rule. Third, it found that when such detention lasts for more than one year (excluding any delay attributable to the noncitizen), the delay is likely to be unreasonable. Fourth, it held that noncitizens subject to such detention without a bond hearing under § 1226(c) must bring a habeas petition in federal court to challenge the detention as unreasonably prolonged (if the court agrees, they are entitled to a bond hearing before an immigration judge where the government carries the burden of proving dangerousness or risk of flight). And fifth, it declared that in making release determinations, immigration courts may not impose excessive bail, must evaluate the individual's ability to pay bond, and must consider alternative conditions of release (e.g., GPS monitoring). The court issued a permanent injunction to enforce its holdings related to the burden at bond hearings and bail setting by immigration courts.

On August 6, 2019, the plaintiffs appealed the decision to the First Circuit. The defendants filed a cross-appeal on September 6.

The case is ongoing.

Summary Authors

Rebecca Eisenbrey (4/12/2015)

Sam Kulhanek (3/15/2020)

Related Cases

Gordon v. Napolitano [later Johnson, Nielsen], District of Massachusetts (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5044064/parties/reid-v-donelan/


Judge(s)

Ponsor, Michael Adrian (Massachusetts)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Ahmed, Sameer (New York)

Arulanantham, Ahilan T (California)

Evarts, Linda (New York)

Fabian Izzo, Rebecca (Massachusetts)

Fleming, Mark C. (Massachusetts)

Hallett, Amber Nicole (Connecticut)

Hinman, Miriam (Connecticut)

Judge(s)

Ponsor, Michael Adrian (Massachusetts)

Saris, Patti B. (Massachusetts)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Ahmed, Sameer (New York)

Arulanantham, Ahilan T (California)

Evarts, Linda (New York)

Fabian Izzo, Rebecca (Massachusetts)

Fleming, Mark C. (Massachusetts)

Hallett, Amber Nicole (Connecticut)

Hinman, Miriam (Connecticut)

Hoechst, Kendall (Connecticut)

Johnson, Tassity S. (District of Columbia)

Mai, Lunar (Connecticut)

Manfredi, Zachary-John (Connecticut)

Ngo, My Khanh (Connecticut)

Nyein, Michelle K. (Massachusetts)

Orihuela, Marisol (California)

Segal, Matthew (Massachusetts)

Silva, Travis (California)

Swift, Ruth (Connecticut)

Tan, Michael King Thomas (California)

Thomas, Tina M. (Connecticut)

Wishnie, Michael J. (Connecticut)

Yanik, Mary (Connecticut)

Attorneys(s) for Defendant

Allen, Janette L. (District of Columbia)

Davila, Yamileth G. (District of Columbia)

Fascett, Lauren E. (District of Columbia)

Goodwin, Karen L. (Massachusetts)

Hildebrand, Regan (District of Columbia)

Kisor, Colin A. (District of Columbia)

Le, Huy (District of Columbia)

Perez, Elianis N. (District of Columbia)

Reno, Catherine M. (District of Columbia)

Weintraub, J. Max (District of Columbia)

Other Attorney(s)

Hawkinson, John A (Massachusetts)

Expert/Monitor/Master

Carasik, Lauren (Massachusetts)

Saraswat, Anant K. (Massachusetts)

Song, Elizabeth (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 8, 2019 Docket
2

Memorandum of Law in Support of Mark Reid's Petition for Writ of Habeas Corpus and for Summary Judgment

July 1, 2013 Pleading / Motion / Brief
4-2

Petition for Writ of Habeas Corpus

July 1, 2013 Complaint
80

Memorandum and Order Regarding Plaintiff's Petition for Writ of Habeas Corpus

991 F.Supp.2d 275

Jan. 9, 2014 Order/Opinion
92

Memorandum and Order Regarding Plaintiff's Motion for Class Certification

297 F.R.D. 185

Feb. 10, 2014 Order/Opinion
107

Memorandum and Order Regarding Plaintiff's Motion for Summary Judgment and Defendants' Cross-motion for Summary Judgment

2 F.Supp.3d 38

March 6, 2014 Order/Opinion
142

Order Granting Plaintiff's Motion for Summary Judgment and Plaintiff's Motion for Notice of Class Certification

22 F.Supp.3d 84

May 27, 2014 Order/Opinion
182

Memorandom and Order Regarding Plaintiffs' Motion for Enforcement or Modification of Class Certification Order and for Limited Discovery

64 F.Supp.3d 271, 2014 WL 6973634

Dec. 10, 2014 Order/Opinion

Opinion

U. S. Court of Appeals for the First Circuit

819 F.3d 486

April 13, 2016 Order/Opinion

Judgment

U. S. Court of Appeals for the First Circuit

2018 WL 4000993

May 11, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5044064/reid-v-donelan/

Last updated May 13, 2022

ECF Number Description Date Link
1

First MOTION for Summary Judgment by Mark Anthony Reid. (Attachments: # 1 Supplement Rule 56.1 Statement)(Carasik, Lauren) Modified on 7/2/2013 to delete the statement of facts that were an attachment and to docket them separately. (Finn, Mary). (Entered: 07/01/2013)

July 1, 2013 PACER
2

MEMORANDUM in Support re 1 First MOTION for Summary Judgment and Petition for Writ of Habeas Corpus filed by Mark Anthony Reid. (Attachments: # 1 Affidavit Declaration of Matt Vogel, # 2 Affidavit Declaration of Maureen Furtak and Ex A)(Carasik, Lauren) (Entered: 07/01/2013)

1 Affidavit Declaration of Matt Vogel

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2 Affidavit Declaration of Maureen Furtak and Ex A

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July 1, 2013 PACER
3

AFFIDAVIT of Tassity Johnson in Support re 1 First MOTION for Summary Judgment and Petition for Writ of Habeas Corpus filed by Mark Anthony Reid. (Attachments: # 1 Exhibit Exhibits I-U)(Carasik, Lauren) (Main Document 3 replaced on 7/2/2013) (Finn, Mary). (Additional attachment(s) added on 7/2/2013: # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I Thru U) (Finn, Mary). Modified on 7/2/2013 to separate exhibits A - H and to modify exhibit H due to containing confidential materail(Finn, Mary). (Entered: 07/01/2013)

2 Exhibit A

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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July 1, 2013 PACER
4

PETITION for Writ of Habeas Corpus (2241) and Complaint for Injunctive Relief Filing fee: $ 5, receipt number 0101-4525430 Fee status: Filing Fee paid., filed by Mark Anthony Reid. (Attachments: # 1 Civil Cover Sheet)(Carasik, Lauren) (Additional attachment(s) added on 7/2/2013: # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I - U) (Finn, Mary). (Entered: 07/01/2013)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I - U

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July 1, 2013 RECAP
5

MOTION for Order to Show Cause by Mark Anthony Reid.(Carasik, Lauren) (Entered: 07/01/2013)

July 1, 2013 PACER
7

Statement of Material Facts L.R. 56.1 re 1 First MOTION for Summary Judgment filed by Mark Anthony Reid. (Finn, Mary) (Entered: 07/02/2013)

July 1, 2013 PACER
6

ELECTRONIC NOTICE of Case Assignment. Judge Michael A. Ponsor assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Kenneth P. Neiman. (Abaid, Kimberly) (Finn, Mary). (Entered: 07/02/2013)

July 2, 2013 PACER
8

Judge Michael A. Ponsor: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than 21 days from receipt of this order. (Finn, Mary) (Entered: 07/02/2013)

July 2, 2013 PACER
9

MOTION for Leave to File by Mark Anthony Reid.(Carasik, Lauren) (Entered: 07/02/2013)

July 2, 2013 PACER
10

Category Sheet by Mark Anthony Reid. (Carasik, Lauren) (Entered: 07/02/2013)

July 2, 2013 PACER
11

Letter/request (non-motion) from Attorney Lauren Carasik requesting that summons be issued to the Respondents/Defendants in this case.. (Finn, Mary) (Entered: 07/03/2013)

July 3, 2013 PACER
12

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 9 Motion for Leave to File Document. (Memorandum already filed - see doc. 2 . (Finn, Mary) (Entered: 07/03/2013)

July 3, 2013 PACER

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re 4 Petition for Writ of Habeas Corpus (2241),, for $5.00 paid on 07/01/2013, receipt number 0101-4525421. (Adam, Lucien)

July 3, 2013 PACER

ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re 4 Petition for Writ of Habeas Corpus (2241),, for $5.00 paid on 07/01/2013, receipt number 0101-4525416. (Adam, Lucien)

July 3, 2013 PACER
13

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: 07/03/2013)

July 3, 2013 PACER
14

Summons Issued as to Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven 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. per allowance of Judge Ponsor. (Finn, Mary) (Entered: 07/08/2013)

July 8, 2013 PACER
15

MOTION for Leave to Appear Pro Hac Vice for admission of Muneer I. Ahmad Filing fee: $ 100, receipt number 0101-4536130 by Mark Anthony Reid. (Attachments: # 1 Affidavit of Muneer I. Ahmad)(Carasik, Lauren) (Entered: 07/10/2013)

1 Affidavit of Muneer I. Ahmad

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July 10, 2013 PACER
16

MOTION for Leave to Appear Pro Hac Vice for admission of Michael J. Wishnie Filing fee: $ 100, receipt number 0101-4536150 by Mark Anthony Reid. (Attachments: # 1 Affidavit of Michael J. Wishnie)(Carasik, Lauren) (Entered: 07/10/2013)

1 Affidavit of Michael J. Wishnie

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July 10, 2013 PACER
17

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 15 Motion for Leave to Appear Pro Hac Vice Added Michael J. Wishnie and Muneer I. Ahmad.. 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. ; granting 16 Motion for Leave to Appear Pro Hac Vice Added Michael J. Wishnie and Muneer I. Ahmad.. 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. (Finn, Mary) (Entered: 07/10/2013)

July 10, 2013 PACER
18

NOTICE issued to Attorney Muneer I. Ahmad regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 07/10/2013)

July 10, 2013 PACER
19

NOTICE of Appearance by Regan Hildebrand on behalf of Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins (Hildebrand, Regan) (Entered: 07/22/2013)

July 22, 2013 PACER
20

MOTION for Leave to Appear Pro Hac Vice for admission of A. Nicole Hallett Filing fee: $ 100, receipt number 0101-4555870 by Mark Anthony Reid. (Attachments: # 1 Affidavit In Support of Motion for Leave to Appear Pro Hac Vice)(Carasik, Lauren) (Entered: 07/23/2013)

1 Affidavit In Support of Motion for Leave to Appear Pro Hac Vice

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July 23, 2013 PACER
21

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 20 Motion for Leave to Appear Pro Hac Vice Added A. Nicole Hallett. 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. (Finn, Mary) (Entered: 07/23/2013)

July 23, 2013 PACER
22

NOTICE issued to Attorney A. Nicole Hallett regarding mandatory registration and use with ECF in compliance with the Standing Order entered by Judge Ponsor and Magistrate Judge Neiman. (Finn, Mary) (Entered: 07/23/2013)

July 23, 2013 PACER
23

Notice of correction to docket made by Court staff. Correction: Document 23 - Affidavit of Service. corrected because: Document deleted due to the incorrect event was chosen when docketed - event re-docketed. (Finn, Mary) (Entered: 07/24/2013)

July 24, 2013 PACER
24

AFFIDAVIT OF SERVICE Executed by Mark Anthony Reid. Christopher Donelan served on 7/17/2013, answer due 8/7/2013; Thomas Hodgson served on 7/17/2013, answer due 8/7/2013; David A Lanoie served on 7/17/2013, answer due 8/7/2013; Joseph McDonald served on 7/18/2013, answer due 8/8/2013; Steven Tompkins served on 7/17/2013, answer due 8/7/2013. Acknowledgement filed by Mark Anthony Reid. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Finn, Mary) (Entered: 07/24/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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July 24, 2013 PACER
25

NOTICE of Appearance by Elianis N. Perez on behalf of Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins (Perez, Elianis) (Entered: 07/25/2013)

July 25, 2013 PACER
26

AFFIDAVIT OF SERVICE Executed by Mark Anthony Reid. Acknowledgement filed by Mark Anthony Reid. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Carasik, Lauren) (Entered: 07/25/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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July 25, 2013 PACER
27

MOTION for Extension of Time to 08/22/2013 to File Answer by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Text of Proposed Order)(Hildebrand, Regan) (Entered: 07/26/2013)

1 Text of Proposed Order

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July 26, 2013 PACER
28

Opposition re 27 MOTION for Extension of Time to 08/22/2013 to File Answer filed by Mark Anthony Reid. (Carasik, Lauren) (Main Document 28 replaced on 7/31/2013 with correct signed motion and Additional attachment(s) added on 7/31/2013: # 1 Certificate of Service added to the entry) (Finn, Mary). Modified on 7/31/2013 (Finn, Mary). (Entered: 07/28/2013)

1 Certificate of Service

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July 28, 2013 PACER
29

CASE REFERRED to Magistrate Judge Kenneth P. Neiman. (Finn, Mary) Motions referred to Kenneth P. Neiman. 13 Motion for Extension of Time to 8/22/2013 to File an Answer. (Entered: 07/29/2013)

July 29, 2013 PACER
30

Magistrate Judge Kenneth P. Neiman: ELECTRONIC ORDER entered granting in part and denying in part 27 Motion for Extension of Time to Answer re 4 Petition for Writ of Habeas Corpus (2241). Answer to 4 Petition for Writ of Habeas Corpus due by 8/16/2013. (Finn, Mary) (Entered: 07/30/2013)

July 30, 2013 PACER
31

Case no longer referred to Magistrate Judge Kenneth P. Neiman. (Finn, Mary) (Entered: 07/30/2013)

July 30, 2013 PACER
32

Letter/request (non-motion) from Reid counsel re: 24 and 26 Affidavit of Service. Attached hereto find certified mail returns and USPS and Fed Ex tracking receipts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hallett, A.) (Entered: 08/05/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Aug. 5, 2013 PACER
33

MOTION to Certify Class or Representative Habeas Action by Mark Anthony Reid.(Hallett, A.) (Entered: 08/15/2013)

Aug. 15, 2013 PACER
34

MEMORANDUM in Support re 33 MOTION to Certify Class or Representative Habeas Action filed by Mark Anthony Reid. (Attachments: # 1 Affidavit of Easha Anand, # 2 Exhibit 1, # 3 Exhibit 2)(Hallett, A.) (Additional attachment(s) added on 8/16/2013: # 4 Certificate of Service) (Finn, Mary). Modified on 8/16/2013 to add the certificate of service to the entry. (Finn, Mary). (Entered: 08/16/2013)

1 Affidavit of Easha Anand

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2 Exhibit 1

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3 Exhibit 2

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4 Certificate of Service

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Aug. 16, 2013 RECAP
35

MOTION to Dismiss for Lack of Jurisdiction and Opposition to the 4 PETITION for Writ of Habeas Corpus (2241) and Complaint for Injunctive Relief by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins.(Hildebrand, Regan) Modified on 8/19/2013 to link this document to document 4 due to it is a Motion to Dismiss and an Opposition. (Finn, Mary). (Entered: 08/16/2013)

Aug. 16, 2013 PACER
36

MEMORANDUM in Support re 35 MOTION to Dismiss for Lack of Jurisdiction filed by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Exhibit)(Hildebrand, Regan) (Additional attachment(s) added on 8/19/2013: # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Finn, Mary). Modified on 8/19/2013 to separate exhibits 1 - 3 and to add them each individually to the entry. (Finn, Mary). (Entered: 08/16/2013)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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Aug. 16, 2013 PACER
37

MOTION for Extension of Time to September 6, 2013 to File Response/Reply as to 33 MOTION to Certify Class or Representative Habeas Action, 34 Memorandum in Support of Motion, by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Text of Proposed Order)(Hildebrand, Regan) (Entered: 08/20/2013)

1 Text of Proposed Order

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Aug. 20, 2013 PACER
38

Opposition re 37 MOTION for Extension of Time to September 6, 2013 to File Response/Reply as to 33 MOTION to Certify Class or Representative Habeas Action, 34 Memorandum in Support of Motion, filed by Mark Anthony Reid. (Hallett, A.) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
39

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 37 Motion for Extension of Time to File Response/Reply re 33 MOTION to Certify Class or Representative Habeas Action. Responses due by 9/6/2013. (Finn, Mary) (Entered: 08/21/2013)

Aug. 21, 2013 PACER
40

RESPONSE to Motion re 35 MOTION to Dismiss for Lack of Jurisdiction filed by Mark Anthony Reid. (Wishnie, Michael) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
41

Opposition re 33 MOTION to Certify Class or Representative Habeas Action filed by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Perez, Elianis) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
42

MOTION for Leave to File Reply to Respondents' Opposition to Motion for Class Certification by Mark Anthony Reid.(Wishnie, Michael) (Entered: 09/09/2013)

Sept. 9, 2013 PACER
43

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 42 Motion for Leave to File Document ; 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: 09/10/2013)

Sept. 10, 2013 PACER
44

REPLY to Response to 33 MOTION to Certify Class or Representative Habeas Action filed by Mark Anthony Reid. (Wishnie, Michael) (Entered: 09/16/2013)

Sept. 16, 2013 PACER
45

MOTION Leave to Appear as Supervising Attorneys by Mark Anthony Reid.(Wishnie, Michael) (Entered: 10/17/2013)

Oct. 17, 2013 PACER
46

MEMORANDUM in Support re 45 MOTION Leave to Appear as Supervising Attorneys filed by Mark Anthony Reid. (Attachments: # 1 Affidavit Ahmad Declaration, # 2 Affidavit Hallett Declaration, # 3 Affidavit Wishnie Declaraion)(Wishnie, Michael) (Entered: 10/17/2013)

1 Affidavit Ahmad Declaration

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2 Affidavit Hallett Declaration

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3 Affidavit Wishnie Declaraion

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Oct. 17, 2013 PACER
47

MOTION Leave to Appear as Law Students by Mark Anthony Reid.(Wishnie, Michael) (Entered: 10/17/2013)

Oct. 17, 2013 PACER
48

MEMORANDUM in Support re 47 MOTION Leave to Appear as Law Students filed by Mark Anthony Reid. (Attachments: # 1 Exhibit Law Student Certification Forms, # 2 Affidavit Hinman Declaration, # 3 Affidavit Mai Declaration, # 4 Affidavit Swift Declaration)(Wishnie, Michael) (Entered: 10/17/2013)

1 Exhibit Law Student Certification Forms

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2 Affidavit Hinman Declaration

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3 Affidavit Mai Declaration

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4 Affidavit Swift Declaration

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Oct. 17, 2013 PACER
49

ELECTRONIC NOTICE Setting Hearing on Motion 33 MOTION to Certify Class or Representative Habeas Action, 5 MOTION for Order to Show Cause, 1 First MOTION for Summary Judgment, 35 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 12/10/2013 02:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 10/29/2013)

Oct. 29, 2013 PACER
51

MOTION to Seal by Mark Anthony Reid.(Wishnie, Michael) (Main Document 51 replaced on 11/7/2013) (Finn, Mary). (Additional attachment(s) added on 11/7/2013: # 1 Proposed Order) (Finn, Mary). Modified on 11/7/2013 to separate the proposed order from the main document and to add it as an attachment. (Finn, Mary). (Entered: 11/07/2013)

1 Proposed Order

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Nov. 7, 2013 PACER
54

Chief Judge Patti B. Saris: Order of Temporary Admission of Miriam Hinman, Kendall Hoechst, Lunar Mai, Elizabeth Song, Ruth Swift and Mary Yanik. All law student interns at Yale Law School. The above named law students are allowed to practice under the supervision of Attorneys Muneer I. Ahmad, A. Nicole Hallett and Michael J. Wishine. The student interns from Yale Law School have all met the requirements as stated in Local Rule 83.5.1(b), Student Law Practice. ORDER entered. (McLaughlin, Tracy) (Entered: 11/13/2013)

Nov. 8, 2013 PACER
52

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 51 Motion to Seal. ALLOWED. See order. (Lindsay, Maurice) (Entered: 11/12/2013)

Nov. 12, 2013 PACER
53

Judge Michael A. Ponsor: ORDER entered. ORDER granting 51 Motion to seal. see attached order for details. (Lindsay, Maurice) (Entered: 11/12/2013)

Nov. 12, 2013 PACER
55

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 47 Motion Leave to Appear as Law Students. ALLOWED. (Lindsay, Maurice) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
56

Notice of Supplemental Authorities re 5 MOTION for Order to Show Cause, 51 MOTION to Seal (Wishnie, Michael) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
57

Emergency MOTION for a Hearing re 1 First MOTION for Summary Judgment for Telephonic Conference and Expedited Adjudication by Mark Anthony Reid. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wishnie, Michael) Modified on 11/14/2013 to correct the relief type of the motion to MOTION for a Hearing. (Finn, Mary). (Entered: 11/14/2013)

1 Exhibit

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2 Exhibit

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Nov. 14, 2013 PACER
58

Judge Michael A. Ponsor: ELECTRONIC ORDER entered denying 57 Motion for Telephonic Hearing. The court will hear argument by counsel, in person on November 18,2013 at noon regarding Petitioner's motion for summary judgment (dkt.1) and Respondent's motion to dismiss (dkt. 35) So Ordered. (Pelegano, Theresa) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
59

ELECTRONIC NOTICE Setting Hearing on Motion 1 First MOTION for Summary Judgment, 35 MOTION to Dismiss for Lack of Jurisdiction : Motion Hearing set for 11/18/2013 12:00 PM in Hampden Courtroom before Judge Michael A. Ponsor. (Pelegano, Theresa) (Entered: 11/14/2013)

Nov. 14, 2013 PACER
61

RESPONSE to Motion re 57 MOTION for Hearing filed by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Exhibit)(Hildebrand, Regan) (Additional attachment(s) added on 11/18/2013: # 2 Exhibit 1, # 3 Exhibit 2) (Finn, Mary). Modified on 11/18/2013 to separate exhibits 1 & 2 and to add them each individually to the entry. (Finn, Mary). (Entered: 11/15/2013)

2 Exhibit 1

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3 Exhibit 2

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Nov. 15, 2013 PACER
62

REPLY to Response to 57 MOTION for Hearing filed by Mark Anthony Reid. (Wishnie, Michael) (Entered: 11/17/2013)

Nov. 17, 2013 PACER
63

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 11/18/2013 re 57 MOTION for Hearing /relief filed by Mark Anthony Reid, Court denies relief as to hearing on 11/19/13(Motion Hearing set for 12/10/2013 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. Time change). (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Perez, Wishnie, Song) (Pelegano, Theresa) (Entered: 11/18/2013)

Nov. 18, 2013 PACER
64

Consent MOTION for Leave to File Reply Brief Nunc Pro Tunc by Mark Anthony Reid.(Wishnie, Michael) (Entered: 11/20/2013)

Nov. 20, 2013 PACER
65

Transcript of Motion Hearing held on November 18, 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 12/13/2013. Redacted Transcript Deadline set for 12/23/2013. Release of Transcript Restriction set for 2/20/2014. (Scalfani, Deborah) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
66

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: 11/22/2013)

Nov. 22, 2013 PACER
67

ELECTRONIC NOTICE Resetting Hearing on Motion Motion Hearing set for 12/12/2013 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor. The hearing scheduled for 12/10/13 has been rescheduled to 12/12/13. (Pelegano, Theresa) (Entered: 11/22/2013)

Nov. 22, 2013 PACER
68

WRIT of Habeas Corpus issued for hearing on 12/12/13 at 10am for MArk Anthony Reid (Pelegano, Theresa) (Entered: 11/25/2013)

Nov. 25, 2013 PACER
69

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 64 Motion for Leave to File Petitioner's Reply Brief. 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. (Finn, Mary) (Entered: 11/25/2013)

Nov. 25, 2013 PACER
70

NOTICE of Appearance by Colin Abbott Kisor on behalf of Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins (Kisor, Colin) (Entered: 11/26/2013)

Nov. 26, 2013 PACER
71

MOTION to Compel Discovery by Mark Anthony Reid. (Attachments: # 1 Exhibit Discovery to Gallagher, # 2 Exhibit Discovery to Donelan, # 3 Exhibit 30b6 Notice, # 4 Exhibit Protective Order, # 5 Exhibit Email Exchange, # 6 Exhibit Hearing Notice)(Wishnie, Michael) (Entered: 11/27/2013)

1 Exhibit Discovery to Gallagher

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2 Exhibit Discovery to Donelan

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3 Exhibit 30b6 Notice

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4 Exhibit Protective Order

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5 Exhibit Email Exchange

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6 Exhibit Hearing Notice

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Nov. 27, 2013 PACER
72

REPLY to the Respondent's response to their 57 Motion for a Hearing by Mark Anthony Reid filed. . (Wishnie, Michael) Modified on 12/5/2013 to correct the text to reflect the document that is being filed. (Finn, Mary). (Entered: 12/04/2013)

Dec. 4, 2013 PACER
73

First Opposition re 71 MOTION to Compel Discovery filed by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Exhibit 1)(Perez, Elianis) (Entered: 12/06/2013)

1 Exhibit 1

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Dec. 6, 2013 PACER
74

MOTION to Withdraw 61 Response to Motion,,, MOTION for Extension of Time to January 7, 2014 to File Response/Reply re 2 Memorandum in Support of Motion, 4 Petition for Writ of Habeas Corpus (2241), 1 First MOTION for Summary Judgment ( Responses due by 12/20/2013) by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Exhibit Respondents' Exhibits, # 2 Text of Proposed Order Proposed Order)(Hildebrand, Regan) Modified on 12/6/2013 to change the second relief type of the motion to MOTION to ext. time to file resp./reply. (Finn, Mary). (Entered: 12/06/2013)

1 Exhibit Respondents' Exhibits

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2 Text of Proposed Order Proposed Order

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Dec. 6, 2013 PACER
75

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Motion Hearing held on 12/12/2013 Argument completed. Order to issue. Opp to be filed on shackle issue by 1/6/14 reply by 1/13/14. (Hearing set for 1/16/2014 10:00 AM in Hampden Courtroom before Judge Michael A. Ponsor.). (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Swift, Yonik, Song, Perez) (Pelegano, Theresa) (Entered: 12/12/2013)

Dec. 12, 2013 PACER
76

Notice of Supplemental Authorities re 5 MOTION for Order to Show Cause (Wishnie, Michael) (Entered: 12/18/2013)

Dec. 18, 2013 PACER
77

Cross MOTION for Summary Judgment and MOTION to dismiss by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins. (Attachments: # 1 Affidavit Appendix A)(Kisor, Colin). Added an additional relief - MOTION to Dismiss on 1/6/2014 (Finn, Mary). (Entered: 01/03/2014)

1 Affidavit Appendix A

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Jan. 3, 2014 PACER
78

WRIT OF HABEAS CORPUS issued for hearing 1/16/14 (Pelegano, Theresa) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
79

NOTICE of Appearance by J. Max Weintraub on behalf of Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins (Weintraub, J.) (Main Document 79 replaced on 1/7/2014 with correct signed notice of appearance) (Finn, Mary). Modified on 1/7/2014 (Finn, Mary). (Entered: 01/06/2014)

Jan. 6, 2014 PACER
80

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: For the reasons outlined in the attached memo and order, Plaintiffs Petition for Habeas Corpus (Dkt. No. 4 ) is hereby ALLOWED, and Plaintiffs Motion for Order to Show Cause (Dkt. No. 5 ) is hereby DENIED as moot. Having allowed the Petition for Habeas Corpus, the court orders as follows: 1. Petitioner will receive a bond hearing by February 7, 2014, before an Immigration Judge, at which the judge will consider whether conditions may be placed upon Petitioners release that will reasonably ensure that he will pose no danger to the community and will not pose a risk of flight. If such conditions are found to exist, Petitioner will be released from custody. 2. Counsel for Respondents will report to this court on or before February 14, 2014, regarding compliance with this order. This report will include notification as to the outcome of the bond hearing. 3. Failure of an Immigration Judge to conduct the bond hearing as ordered will entitle Petitioner to request a bond hearing before this court. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 01/09/2014)

Jan. 9, 2014 PACER
81

Judge Michael A. Ponsor: ELECTRONIC ORDER entered granting 74 Motion to Withdraw ; granting as ordered in court on 12/12/13. (Pelegano, Theresa) (Entered: 01/13/2014)

Jan. 13, 2014 PACER
82

REPLY TO RESPONSE to Motion re 1 First MOTION for Summary Judgment and RESPONSE to 77 Cross MOTION for Summary Judgment and motion to dismiss MOTION to Dismiss filed by Mark Anthony Reid. (Wishnie, Michael) Modified on 1/14/2014 to correct the text to reflect the document that is being filed. (Finn, Mary). (Entered: 01/13/2014)

Jan. 13, 2014 PACER
83

MOTION to Withdraw Motion To Dismiss For Lack Of Standing by Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins.(Hildebrand, Regan) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
84

ELECTRONIC Clerk's Notes for proceedings held before Judge Michael A. Ponsor: Hearing re on shackle issue held on 1/16/2014. Argument completed. Order to issue. (Court Reporter: Alice Moran at 413-731-0086.)(Attorneys present: Hildebrand, Hinman) (Pelegano, Theresa) (Entered: 01/16/2014)

Jan. 16, 2014 PACER
85

Judge Michael A. Ponsor: ENDORSED ORDER entered denying 35 Motion to Dismiss for Lack of Jurisdiction. Motion to dismiss is hereby DENIED as moot. (Lindsay, Maurice) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
86

Judge Michael A. Ponsor: ENDORSED ORDER entered granting 83 Motion to Withdraw 35 MOTION to Dismiss for Lack of Jurisdiction . ALLOWED. (Lindsay, Maurice) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
87

Judge Michael A. Ponsor: ENDORSED ORDER entered denying 71 Motion to Compel Discovery. DENIED, as moot. (Lindsay, Maurice) (Entered: 01/22/2014)

Jan. 22, 2014 PACER
88

Transcript of Motion Hearing held on January 16, 2014, 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 2/14/2014. Redacted Transcript Deadline set for 2/24/2014. Release of Transcript Restriction set for 4/24/2014. (Scalfani, Deborah) (Entered: 01/24/2014)

Jan. 24, 2014 PACER
89

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: 01/24/2014)

Jan. 24, 2014 PACER
90

Notice of Supplemental Authorities re 1 First MOTION for Summary Judgment (Attachments: # 1 Exhibit Abadia-Peixoto Settlement Agreement)(Wishnie, Michael) (Entered: 01/27/2014)

1 Exhibit Abadia-Peixoto Settlement Agreement

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Jan. 27, 2014 PACER
91

Notice of Supplemental Authorities re 1 First MOTION for Summary Judgment (Attachments: # 1 Exhibit Immigration Judge Order Granting Bond)(Wishnie, Michael) (Entered: 02/06/2014)

1 Exhibit Immigration Judge Order Granting Bond

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Feb. 6, 2014 PACER
92

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered: As follows: For the reasons set forth in the attached memo and order, Plaintiffs Motion for ClassCertification under Fed. R. Civ. P. 23 (Dkt. No. 33 ) is hereby ALLOWED. The court certifies the following class: All individuals who are or will be detained within the Commonwealth of Massachusetts pursuant to 8 U.S.C. ยง 1226(c) for over six months and have not been afforded an individualized bond hearing. Plaintiff Reid is appointed class representative, and Nicole Hallet, Muneer Ahmad, Michael J. Wishnie, and the Law Student Interns of the Jerome N. Frank Legal Services Organization at Yale Law School are appointed class counsel pursuant to Fed. R. Civ. P. 23(g). The parties shall submit a joint proposal setting forth a briefing schedule for the filing of dispositive motions no later than February 25, 2014. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 02/10/2014)

Feb. 10, 2014 RECAP
93

NOTICE of Appearance by Yamileth G. Davila on behalf of Christopher Donelan, Executive Office for Immigration Review, Dorothy Herrera-Niles, Thomas Hodgson, Eric Holder, David A Lanoie, Joseph McDonald, John Morton, Janet Napolitano, Juan Osuna, Steven Tompkins (Attachments: # 1 Certificate Of Service)(Davila, Yamileth) (Main Document 93 replaced on 2/18/2014 with the notice of appearance in the correct PDF format) (Finn, Mary). Modified on 2/18/2014 (Finn, Mary). (Entered: 02/17/2014)

1 Certificate Of Service

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Feb. 17, 2014 PACER
94

Joint MOTION Scheduling Order re 92 Order on Motion to Certify Class,,, by Mark Anthony Reid.(Wishnie, Michael) Modified on 2/26/2014 to change the relief type of the motion to MOTION for an Order. (Finn, Mary). (Entered: 02/25/2014)

Feb. 25, 2014 PACER
95

First MOTION Notice of Class Certification by Mark Anthony Reid. (Wishnie, Michael) (Main Document 95 replaced on 3/3/2014 with the correct main document) (Finn, Mary). Modified on 3/3/2014 (Finn, Mary). (Entered: 03/02/2014)

March 2, 2014 PACER
96

FIRST MOTION for Preliminary Injunction by Mark Anthony Reid. (Wishnie, Michael) (Main Document 96 replaced on 3/3/2014 with correct main document) (Finn, Mary). Modified on 3/3/2014 (Finn, Mary). Modified on 3/3/2014 to add the word FIRST to the text. (Finn, Mary). (Entered: 03/02/2014)

March 2, 2014 PACER
97

MEMORANDUM in Support re 95 First MOTION Notice of Class Certification filed by Mark Anthony Reid. (Attachments: # 1 Exhibit Declaration of Lunar Mai, # 2 Exhibit Declaration of Genevieve Quinn, # 3 Exhibit Declaration of James Welcome, # 4 Text of Proposed Order Blank Proposed Order, # 5 Exhibit Sample Draft Notice)(Wishnie, Michael) (Entered: 03/03/2014)

1 Exhibit Declaration of Lunar Mai

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2 Exhibit Declaration of Genevieve Quinn

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3 Exhibit Declaration of James Welcome

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4 Text of Proposed Order Blank Proposed Order

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5 Exhibit Sample Draft Notice

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March 3, 2014 PACER
98

MEMORANDUM in Support re 96 MOTION for Preliminary Injunction filed by Mark Anthony Reid. (Attachments: # 1 Text of Proposed Order Blank Proposed Order)(Wishnie, Michael) (Entered: 03/03/2014)

1 Text of Proposed Order Blank Proposed Order

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March 3, 2014 PACER
101

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: The parties Joint Motion for a Scheduling Order (Dkt. No. 94 ) is hereby ALLOWED, Cross-motions for summary judgment due 5/1/14, Opposition to the motions due 5/30/14, and Counsel will appear for argument on the motions on 6/4/14 at 2:00 p.m. See the attached memo and order for complete details. (Lindsay, Maurice) (Entered: 03/04/2014)

March 3, 2014 RECAP
102

Set/Reset Deadlines: Cross Motions for S/J due by 5/1/2014. Responses due by 5/30/2014. Motion Hearing set for 6/4/2014 02:00 PM in Franklin Courtroom before Judge Michael A. Ponsor. (Finn, Mary) (Entered: 03/04/2014)

March 4, 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: July 1, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who are or will be detained within the Commonwealth of Massachusetts or the State of New Hampshire pursuant to 8 U.S.C. § 1226(c) for over six months and have not been afforded an individualized bond or reasonableness hearing.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

ACLU of Southern California

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Federal

Sheriff of Franklin County (Franklin), County

Franklin County Jail and House of Correction (Franklin), County

Department of Homeland Security, Federal

The Executive Office for Immigration Review, Federal

Sheriff of Bristol County (Bristol), County

Sheriff of Plymouth County (Plymouth), County

Sheriff of Suffolk County (Suffolk), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

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

Constitutional Clause(s):

Due Process

Excessive bail/fines

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Habeas relief

Declaratory Judgment

Source of Relief:

Litigation

Issues

General:

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - procedures