Case: Castro v. U.S. Department of Homeland Security

5:15-cv-06153 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Nov. 16, 2015

Clearinghouse coding complete

Case Summary

On November 16, 2015, an asylum-seeking woman from Central America and her minor child filed a petition for habeas corpus in the U.S. District Court for the Eastern District of Pennsylvania. Represented by the ACLU, the petitioners sued the U.S. Department of Homeland Security, challenging DHS's determination that the petitioners were subject to “expedited removal”, having been apprehended and screened shortly after illegally crossing the southern border of the United States. The petitioners we…

On November 16, 2015, an asylum-seeking woman from Central America and her minor child filed a petition for habeas corpus in the U.S. District Court for the Eastern District of Pennsylvania. Represented by the ACLU, the petitioners sued the U.S. Department of Homeland Security, challenging DHS's determination that the petitioners were subject to “expedited removal”, having been apprehended and screened shortly after illegally crossing the southern border of the United States. The petitioners were subsequently detained pending removal in Pennsylvania.

Specifically, the petitioners asked the court to review DHS’s expedited removal determination, alleging that DHS’s finding—that the petitioners lacked a “credible fear of torture”—had been made subject to an inadequate evaluation process. The petitioners were ordered to be removed after an interview with a government officer, without a full opportunity to present their claim and be heard by an immigration judge, to which they were entitled under 8 U.S.C. § 1225(b)(1). The claim for relief asked that the court reject the negative credible fear determination, vacate the expedited removal orders, and order DHS to restart the removal process.

On November 16, 2015, the case was assigned to Judge Paul S. Diamond. On December 16, The District Court granted the petitioners’ motion to stay removal pending the resolution of their claim. On February 16, 2015, the Court dismissed the petition for lack of subject matter jurisdiction and removed the temporary stay of removal. In the Court’s opinion, Judge Diamond found that the Immigration and Nationality Act limited judicial review of expedited order decisions.

The petitioners appealed the District Court’s ruling to the U.S. Court of Appeals for the Third Circuit. On June 15, 2016, the petitioners filed an emergency motion to stay removal pending the appeal, which the District Court granted the next day. On August 29, 2016, the Court of Appeals (Judges Thomas Hardiman, D. Brooks Smith, and Patty Shwartz) affirmed the District Court’s ruling. Judge Smith delivered a precedential opinion, holding that because Congress had limited the scope of judicial review over admission or exclusion of aliens, the court lacked jurisdiction to review DHS’s decision. Castro v. U.S. Dep't of Homeland Sec., 835 F.3d 422 (3d Cir. 2016).

On December 22, 2016, the petitioners filed a petition for writ of certiorari, which was denied in April 2017. The case is closed.

Summary Authors

Nicholas Hazen (2/14/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4527970/parties/castro-v-us-department-of-homeland-security/


Judge(s)

Diamond, Paul Steven (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Smith, David Brooks (Pennsylvania)

Attorneys(s) for Plaintiff

Gelernt, Lee (New York)

Kang, Stephen B. (California)

Nash, Lindsay (New York)

Newell, Jennifer Chang (California)

Roper, Mary Catherine (Pennsylvania)

Attorneys(s) for Defendant

Darrow, Joseph A. (District of Columbia)

Reuveni, Erez (District of Columbia)

Judge(s)

Diamond, Paul Steven (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Smith, David Brooks (Pennsylvania)

Attorneys(s) for Plaintiff

Gelernt, Lee (New York)

Kang, Stephen B. (California)

Nash, Lindsay (New York)

Newell, Jennifer Chang (California)

Roper, Mary Catherine (Pennsylvania)

Attorneys(s) for Defendant

Darrow, Joseph A. (District of Columbia)

Reuveni, Erez (District of Columbia)

Other Attorney(s)

Feinberg, Jonathan H. (Pennsylvania)

Harvey, Stephen G. (Pennsylvania)

Documents in the Clearinghouse

Document

5:15-cv-06153

Docket [PACER]

Sept. 2, 2016

Sept. 2, 2016

Docket
5

5:15-cv-06153

Order of Temporary Stay of Removal

Castro v. Department of Homeland Security

Nov. 19, 2015

Nov. 19, 2015

Order/Opinion
54

5:15-cv-06153

Memorandum

163 F.Supp.3d 157

Feb. 16, 2016

Feb. 16, 2016

Order/Opinion
003112392295

16-01339

Precedential Opinion

Castro v. Department of Homeland Security

U. S. Court of Appeals for the Third Circuit

835 F.3d 422

Aug. 29, 2016

Aug. 29, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4527970/castro-v-us-department-of-homeland-security/

Last updated Aug. 27, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 130892.), filed by A.A.G.C., ROSA ELIDA CASTRO. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(tj, ) (Entered: 11/17/2015)

Nov. 16, 2015

Nov. 16, 2015

PACER
4

APPLICATION/MOTION FOR PRO HAC VICE ADMISSION OF JENNIFER CHANG NEWELL, ESQ. FILED BY A.A.G.C., ROSA ELIDA CASTRO. CERT. OF SERVICE.(Paid $40.00, Receipt #PPE130998) Modified on 11/19/2015 (pr, ). (Entered: 11/19/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
6

APPLICATION/MOTION FOR PRO HAC VICE ADMISSION FOR LINDSAY NASH, ESQ. FILED BY A.A.G.C., ROSA ELIDA CASTRO. (Paid $40.00, Receipt #PPE130998) CERT. OF SERVICE.(pr, ) (Entered: 11/19/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
7

APPLICATION/MOTION FOR PRO HAC VICE ADMISSION FOR LEE GELERNT, ESQ. FILED BY A.A.G.C., ROSA ELIDA CASTRO. (Paid $40.00, Receipt #PPE130998) CERT. OF SERVICE.(pr, ) (Entered: 11/19/2015)

Nov. 18, 2015

Nov. 18, 2015

PACER
2

Emergency MOTION to Stay Removal filed by A.A.G.C., ROSA ELIDA CASTRO.Certificate of service. (Attachments: # 1 Certificate of Service, # 2 Text of Proposed Order)(ROPER, MARY) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
3

Memorandum in Support re 2 Emergency MOTION to Stay Removal filed by A.A.G.C., ROSA ELIDA CASTRO. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3(REMOVED PER CHAMBERS, ATTORNEY TO REFILE) Exhibit, # 4 Exhibit Exh. 4 pt 1, # 5 Exhibit Exh 4 pt 2, # 6 Exhibit Exh. 4 pt 3, # 7 Exhibit Exh 4 Pt 4, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(ROPER, MARY) Modified on 11/19/2015 (kp, ). (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
5

ORDER THAT PETITIONERS' REMOVAL IS STAYED TEMPORARILY WHILE THIS COURT CONSIDERS WHETHER IT HAS JURISDICTION TO CONSIDER THE MERITS OF PETITIONERS' PETITION AND COMPLAINT. IT IS FURTHER ORDERED THAT PARTIES SHALL SUBMIT LEGAL MEMORANDA AS OUTLINED HEREIN. PETITIONERS SHALL SUBMIT THEIR MEMORANDUM NO LATER THAN 11/30/2015. THE GOVERNMENT SHALL RESPOND NO LATER THAN 12/10/2015 TO WHICH PETITIONERS SHALL HAVE NO LATER THAN 12/21/2015 TO REPLY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/19/2015.11/19/2015 ENTERED AND COPIES MAILED TO AUSA AND ATTORNEY GENERAL, E-MAILED.(kp, ) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
8

NOTICE of Appearance by EREZ REUVENI on behalf of DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (REUVENI, EREZ) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
9

AMENDED DOCUMENT by A.A.G.C., ROSA ELIDA CASTRO. Amendment to 3 Memorandum,, corrected Exhibit 3. (ROPER, MARY) (Entered: 11/19/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
10

ORDER THAT THE APPLICATIONS OF JENNIFER CHANG NEWELL, ESQ., LINDSAY NASH, ESQ., LEE GELERNT, ESQ. TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE 83.5.2(b)(DOC. NOS. 4,6, 7) ARE GRANTED. SIGNED BY HONORABLE PAUL S. DIAMOND ON 11/19/15.11/20/15 ENTERED AND COPIES MAILED WITH ECF APPLICATION AND E-MAILED TO COUNSEL. Modified on 11/24/2015 (pr, ). (Entered: 11/20/2015)

Nov. 19, 2015

Nov. 19, 2015

PACER
11

NOTICE by A.A.G.C., ROSA ELIDA CASTRO re 3 Memorandum,, Letter to Court regarding additional exhibit (ROPER, MARY) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
12

AMENDED DOCUMENT by A.A.G.C., ROSA ELIDA CASTRO. Amendment to 3 Memorandum,, Supplemental Exhibit 15. (ROPER, MARY) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
13

Petitioners' Brief on Jurisdiction filed by A.A.G.C., ROSA ELIDA CASTRO. (Attachments: # 1 Exhibit unpublished case)(ROPER, MARY) Modified on 12/1/2015 (tjd). (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

PACER

Copy of Order dated 11/19/2015 and envelope returned from the U.S. Postal Service addressed to LINDSAY NASH for the following reason: NOT DELIVERABLE AS ADDRESSED. (kp, )

Nov. 30, 2015

Nov. 30, 2015

PACER
14

NOTICE of Appearance by JOSEPH ANTON DARROW on behalf of DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT with Certificate of Service(DARROW, JOSEPH) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
15

MOTION to File Amicus Brief filed by JONATHAN H. FEINBERG..(FEINBERG, JONATHAN) (Entered: 12/07/2015)

Dec. 7, 2015

Dec. 7, 2015

PACER
16

ORDER THAT THE ABOVE-CAPTIONED CASES SHALL BE MARKED AS RELATED AND CONSOLIDATED WITH 15-6153. EACH CASE EXCEPTING THE LEAD CASE WILL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHALL BE FILED ON THE DOCKET OF 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/8/2015. 12/8/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
17

RESPONSE to Motion re 15 MOTION to File Amicus Brief filed by DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (REUVENI, EREZ) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
18

ORDER THAT THE MOTION TO FILE AMICUS BRIEF IS GRANTED. THE GOVERNMENT MAY RESPOND TO THE AMICUS BRIEF NO LATER THAN 12/22/2015. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/8/2015.12/9/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/09/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
19

BRIEF FOR SCHOLARS OF IMMIGRATION LAW, FEDERAL COURTS, AND HABEAS CORPUS IN SUPPORT OF JURISDICTION by MUNEER AHMAD, ERWIN CHEMERINKSY, DAVID COLE, ALINA DAS, STELLA BURCH ELIAS, GEOFFREY HEEREN, RANDY HERTZ, ANNIE LAI, JAMES LIEBMAN, HIROSHI MOTOMURA, GERALD NEUMAN, MICHAEL A. OLIVAS, JUDITH RESNIK, ROSE CUISON VILLAZOR, STEPHEN YALE-LOEHR. CERTIFICATE OF SERVICE(kp, ) (Entered: 12/09/2015)

Dec. 8, 2015

Dec. 8, 2015

PACER
20

Respondents' Brief on Jurisdiction filed by DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4)(REUVENI, EREZ) Modified on 12/14/2015 (tjd). (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
21

ORDER THAT THE FIVE RECENTLY FILED HABEAS PETITIONS SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH CIVIL ACTION 15-6153. THESE CASES SHALL BE PLACED IN SUSPENSE AND MARKED CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHALL BE MADE IN THE LEAD CASE, 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/14/2015. 12/14/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
22

Memorandum in Support of emergency motion for stay of removal by GUADALUPE FLORES FLORES, W.J.B.F.. (Attachments: # 1 Exhibit) (ROPER, MARY) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
23

Emergency MOTION to Stay Removal filed by GUADALUPE FLORES FLORES, W.J.B.F... (Attachments: # 1 Text of Proposed Order)(ROPER, MARY) (Entered: 12/14/2015)

Dec. 14, 2015

Dec. 14, 2015

PACER
24

ORDER THAT THE FIVE HABEAS PETITIONS SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH 15-6153. THESE CASES SHALL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHALL BE FILED ON THE DOCKET FOR THE LEAD CASE, 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/15/2015. 12/15/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
25

ORDER THAT PETITIONERS' MOTION TO STAY OF REMOVAL IS GRANTED, AND PETITIONERS' REMOVAL IS STAYED TEMPORARILY. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/16/2015.12/16/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

PACER
26

NOTICE by DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT Notice of Mootness (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(DARROW, JOSEPH) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

PACER
27

NOTICE by ROSA ELIDA CASTRO of Voluntary dismissal of CASES NOS. 15-6279, 15-6370, 15-6473, AND 15-6593 (ROPER, MARY) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

PACER
28

MOTION for Pro Hac Vice admission of Stephen Kang filed by A.A.G.C., ROSA ELIDA CASTRO.Affidavit.(ROPER, MARY) (FILING FEE PAID $40 RECEIPT NO 132735) Modified on 12/23/2015 (kp, ). (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
29

ORDER THAT THE ABOVE CAPTIONED CASES SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH 15-6153. THESE CASE SHALL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHALL BE FILED ON THE DOCKET FOR 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/21/2015. 12/21/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
30

NOTICE by DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT re 20 Response to Brief and Statement, (notice of lodging of declarations of Carl McClafferty concerning new habeas petitions filed since December 10, 2015 (Attachments: # 1 Declaration Declarations of Carl McClafferty)(REUVENI, EREZ) (Entered: 12/21/2015)

1 Declaration Declarations of Carl McClafferty

View on PACER

Dec. 21, 2015

Dec. 21, 2015

PACER
31

Reply to Respondents' Brief on Jurisdiction by A.A.G.C., ROSA ELIDA CASTRO. (Attachments: # 1 Exhibit A) (GELERNT, LEE) Modified on 12/22/2015 (tjd). (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

PACER
32

Praecipe for issuance of summons by A.A.G.C., ROSA ELIDA CASTRO. (Attachments: # 1 Exhibit summons, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(ROPER, MARY) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
33

Emergency MOTION to Stay Removal of Petitioners in No. 5:15-cv-6410 filed by ROSA ELIDA CASTRO.. (Attachments: # 1 Text of Proposed Order)(ROPER, MARY) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
34

Memorandum in Support re 33 Emergency MOTION to Stay Removal of Petitioners in No. 5:15-cv-6410 filed by ROSA ELIDA CASTRO. (Attachments: # 1 Exhibit)(ROPER, MARY) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
35

Memorandum in response to amicus brief re 15 MOTION to File Amicus Brief filed by DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (REUVENI, EREZ) (Entered: 12/22/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER

14 Summons Issued as to DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General. 13 Forwarded To: Counsel, 1 To: Case Opening Clerk on 12/23/2015 (kp, ) Modified on 12/23/2015 (kp, ).

Dec. 22, 2015

Dec. 22, 2015

PACER
37

ORDER THAT THE 28 MOTION FOR ADMISSION TO THE COURT PRO HAC VICE OF STEPHEN KANG IS GRANTED.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/21/2015.12/23/2015 ENTERED AND COPIES MAILED, E-MAILED. ECF APP FORWARDED(kp, ) (Entered: 12/23/2015)

Dec. 22, 2015

Dec. 22, 2015

PACER
36

ORDER THAT PETITIONER GLADIS PATRICIA CARRASCO GOMEZ AND B.R.C.'S MOTION FOR STAY OF REMOVAL IS GRANTED AND PETITIONERS' REMOVAL IS STAYED TEMPORARILY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/23/2015.12/23/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
38

ORDER THAT THE REMOVAL OF PETITIONERS CARMEN LEIVA-MENJIVAR, E.A.M-L, AND A.M.M-L IS STAYED TEMPORARILY WHILE THIS COURT CONSIDERS WHETHER IT HAS JURISDICTION AS OUTLINED HEREIN. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/23/2015. 12/23/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/23/2015)

Dec. 23, 2015

Dec. 23, 2015

PACER
39

Emergency MOTION to Stay Removal of Petitioners in No. 15-cv-6592 filed by A.A.G.C., ROSA ELIDA CASTRO.. (Attachments: # 1 Proposed Order)(NASH, LINDSAY) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
40

Memorandum in Support re 39 Emergency MOTION to Stay Removal of Petitioners in No. 15-cv-6592 filed by A.A.G.C., ROSA ELIDA CASTRO. (NASH, LINDSAY) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
43

Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (gs) (Entered: 12/30/2015)

Dec. 28, 2015

Dec. 28, 2015

PACER
41

ORDER THAT THE 39 EMERGENCY MOTION FOR STAY OF REMOVAL IS GRANTED AND PETITIONERS' REMOVAL IS STAYED TEMPORARILY WHILE THIS COURT CONSIDERS WHETHER IT HAS JURISDICTION TO CONSIDER THE MERITS OF PETITIONERS' PETITION AND COMPLAINT.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/29/2015.12/29/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
42

ORDER THAT THE ABOVE-CAPTIONED HABEAS PETITIONS SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH 15-6153. THESE CASES SHALL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHALL BE FILED ON THE DOCKET FO THE LEAD CASE, 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/29/2015. 12/29/2015 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 12/29/2015)

Dec. 29, 2015

Dec. 29, 2015

PACER
44

NOTICE by ROSA ELIDA CASTRO of dismissal in 15-cv-6552 (ROPER, MARY) (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

PACER
45

ORDER THAT THE REMOVAL OF PETITIONERS MARIA ERLINDA MEJIA MELGAR AND HER MINOR CHILDREN IS STAYED TEMPORARILY WHILE THE COURT CONSIDERS WHETHER IT HAS JURISDICTION TO CONSIDER THE MERITS OF PETITIONERS' PETITION AND COMPLAINT. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/30/2015. 12/30/2015 ENTERED AND COPIES MAILED, E-MAILED. (APPLIES TO 15-CV-6594). (kp, ) Modified on 12/31/2015 (tjd). (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

PACER
46

Praecipe for issuance of summons in related cases only by ROSA ELIDA CASTRO. (Applies to 15-cv-6788, 15-6798, 15-6863). (ROPER, MARY) Modified on 1/4/2016 (tjd). (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER
47

Declaration of Service by Mary Catherine Roper re: served Petition for writ of Habeas corpus in this and related cases upon USAO, USAG by hand, mail on 12-28-2015. (Applies to 15-6403, 15-6404, 15-6406, 15-6410, 15-6411, 15-6428, 15-6429, 15-6430, 15-6431, 15-6472, 15-6474, 15-6475, 15-6451, 15-6546, 15-6547, 15-6551, 15-6553, 15-6591, 15-6592, 15-6594, 15-6595, 15-6676, 15-6677, 15-6755). (Attachments: # 1 Declaration)(ROPER, MARY) Modified on 1/4/2016 (tjd). (Entered: 12/31/2015)

Dec. 31, 2015

Dec. 31, 2015

PACER

Alias Summons Issued as to DEFENDANTS. (Applies to 15-6788, 15-6798, 15-6863). (jl, ) Modified on 1/4/2016 (tjd).

Dec. 31, 2015

Dec. 31, 2015

PACER
48

ORDER THAT THE ABOVE-CAPTIONED CASE 15-6863 SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH 15-6153. THE CASE SHALL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHOULD BE FILED ON THE DOCKET FOR THE LEAD CASE.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/5/2016. 1/5/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
49

Acceptance of Service by U.S. Attorney Re: accepted summons and complaint on behalf of the United States Attorney (only). (Applies to 15-cv-6153). (kp, ) Modified on 1/6/2016 (tjd). (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

PACER
50

ORDER THAT CIVIL NO. 16-118 SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH 15-6153. THE CASE SHALL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHALL BE FILED IN 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/12/2016. 1/12/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
51

ORDER THAT PETITIONERS FANY YAKELIN CEBALLOS-QUINTANILLA AND L.Y.T.C.'S EMERGENCY MOTION FOR STAY OF REMOVAL IS GRANTED. PETITIONERS' REMOVAL IS STAYED TEMPORARILY.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/12/2016. 1/12/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
52

ORDER THAT THE ABOVE-CAPTIONED CASE CIVIL NO. 16-69 SHALL BE MARKED AS RELATED TO AND CONSOLIDATED WITH CIVIL NO. 15-6153. THIS CASE SHALL BE PLACED IN SUSPENSE AND MARKED AS CLOSED FOR STATISTICAL PURPOSES. ALL SUBSEQUENT FILINGS SHOULD BE FILED ON THE DOCKET FOR THE LEAD CASE, 15-6153. SIGNED BY HONORABLE PAUL S. DIAMOND ON 1/11/2016. 1/12/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

RECAP
53

NOTICE by ROSA ELIDA CASTRO of voluntary dismissal in 16-cv-0118 (ROPER, MARY) Modified on 1/27/2016 (tjd). (Entered: 01/26/2016)

Jan. 26, 2016

Jan. 26, 2016

PACER
54

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/16/2016. 2/16/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Main Document 54 replaced on 2/16/2016) (kp, ). (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

RECAP
55

ORDER THAT THE CONSOLIDATED PETITIONS ARE DISMISSED WITH PREJUDICE. THE TEMPORARY STAYS OF REMOVAL ARE VACATED. THIS ORDER IS STAYED FOR 14 DAYS SO THAT PETITIONERS MAY SEEK EMERGENCY STAY PENDING THEIR APPEALS TO THE THIRD CIRCUIT COURT OF APPEALS. THE CLERK OF COURT SHALL MARK THESE CASES CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PAUL S. DIAMOND ON 2/16/2016. 2/16/2016 ENTERED AND COPIES MAILED, E-MAILED.(kp, ) (Main Document 55 replaced on 2/16/2016) (kp, ). (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

RECAP
56

NOTICE OF APPEAL as to 55 Order (Memorandum and/or Opinion), by A.A.G.C., ROSA ELIDA CASTRO. Copies to Judge, Clerk USCA, Appeals Clerk (ROPER, MARY) Modified on 2/16/2016 (nd, ). (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER
57

Clerk's Notice to USCA re 56 Notice of Appeal. (kp, ) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

PACER

USCA Appeal Fees received $ 505 receipt number 135573 re 56 Notice of Appeal filed by ROSA ELIDA CASTRO, A.A.G.C. (kp, )

Feb. 17, 2016

Feb. 17, 2016

PACER

NOTICE of Docketing Record on Appeal from USCA re 56 Notice of Appeal filed by ROSA ELIDA CASTRO, A.A.G.C.. USCA Case Number 16-1339 (kp, )

Feb. 17, 2016

Feb. 17, 2016

PACER

NOTICE of Docketing Record on Appeal from USCA re 56 Notice of Appeal filed by ROSA ELIDA CASTRO, A.A.G.C.. USCA Case Number 16-1339 (kp, )

Feb. 18, 2016

Feb. 18, 2016

PACER
58

Emergency MOTION to Stay Removal of Petitioners in No. 5:16-cv-1935 filed by ROSA ELIDA CASTRO. Memorandum, Certificate of service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum)(ROPER, MARY) Modified on 6/16/2016 (tjd). (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

PACER
59

ORDER THAT THE EMERGENCY 58 MOTION FOR A STAY OF REMOVAL IS GRANTED. THE REMOVAL OF PETITIONERS FANY E. MANZANARES HERNANDEZ AND HER MINOR CHILD IS STAYED TEMPORARILY PENDING THE THIRD CIRCUIT'S FORTHCOMING DECISION.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 6/16/2016.6/16/2016 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 06/16/2016)

June 16, 2016

June 16, 2016

PACER
60

NOTICE of Withdrawal of Appearance by LINDSAY NASH on behalf of All Plaintiffs (NASH, LINDSAY) (Entered: 07/21/2016)

July 21, 2016

July 21, 2016

PACER
61

NOTICE by DIANE EDWARDS, VELDA GRIFFIN, JEH JOHNSON, R. GIL KERLIKOWSKE, LORETTA E. LYNCH, DAVID O'NEIL, LEON RODRIGUEZ, SARAH SALDANA, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (notice of opposition to motion for stay filed by Evelyn Contreras de Rivera in 16-964. Certificate of Service. (Attachments: # 1 Exhibit Ex. 1 (decision of Third Circuit), # 2 Text of Proposed Order)(REUVENI, EREZ) Modified on 9/6/2016 (tjd). (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
62

JUDGMENT AND ORDER of USCA THAT THE JUDGMENT OF THE DISTRICT COURT ENTERED 2/16/2016, BE AND THE SAME IS HEREBY AFFIRMED. ALL OF THE ABOVE IN ACCORDANCE WITH THE OPINION OF THIS ORDER. (kp, ) (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 16, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Twenty-nine Central American women and their thirty-five minor children seeking Asylum in the United States.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Habeas Corpus

Immigration/Border:

Asylum - criteria

Asylum - procedure

Deportation - criteria

Deportation - judicial review

Deportation - procedure