Case: Ramirez Medina v. Asher [later U.S. Department of Homeland Security]

2:17-cv-00218 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 13, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 13, 2017, a recipient of Deferred Action for Childhood Arrivals (DACA) -- and believed to be the first DACA recipient detained under the Trump administration -- filed this lawsuit in the U.S. District Court for the Western District of Washington. The plaintiff sued the U.S. Department of Homeland Security (DHS). Represented by the organization Public Counsel, and by private attorneys including constitutional scholars Laurence Tribe and Erwin Chemerinsky, he sought release from deten…

On February 13, 2017, a recipient of Deferred Action for Childhood Arrivals (DACA) -- and believed to be the first DACA recipient detained under the Trump administration -- filed this lawsuit in the U.S. District Court for the Western District of Washington. The plaintiff sued the U.S. Department of Homeland Security (DHS). Represented by the organization Public Counsel, and by private attorneys including constitutional scholars Laurence Tribe and Erwin Chemerinsky, he sought release from detention.

Plaintiff alleged that he was a 23-year-old DACA recipient, had entered the United States from Mexico at the age of seven, and had no criminal record (as confirmed by his DACA background check). On February 10, 2017, plaintiff was apprehended by Immigration and Customs Enforcement (ICE) agents who came to arrest his father. In his father's home at the time, plaintiff was also arrested and then detained at the federal Northwest Detention Center in Tacoma, Washington.

The case was assigned to Magistrate Judge James P. Donohue. On February 14, 2017, Magistrate Judge Donohue scheduled a February 17 status conference for the parties to discuss on what basis plaintiff was detained given his DACA grant; if he was in removal proceedings, the status of his processing; whether the court had authority to order an Immigration Judge and the Board of Immigration Appeals (BIA) to consider an expedited challenge to plaintiff's detention; and whether the court could hold a detention hearing before deciding the merits of the habeas case.

On February 16, plaintiff filed a response brief. Plaintiff alleged that after his arrest, ICE agents questioned him about whether he had gang affiliations. He denied this, but ICE then told news media it took him into custody because he was a "self-admitted gang member." Plaintiff asserted that some of the documentation offered by the government in support of gang affiliation had been illicitly altered by ICE officials.

After the status conference, on February 17, Magistrate Judge Donohue issued an order denying plaintiff's petition for immediate release from the ongoing removal proceedings, on the basis that the court lacked jurisdiction and had to refer the initial inquiry to an Immigration Judge. Magistrate Judge Donohue ordered plaintiff to request a bond hearing from an Immigration Judge by February 21 and for the bond hearing to take place by February 24. However, if the Immigration Judge were to deny the request, at that point plaintiff could also ask the court to waive the general requirement that he appeal the determination to the BIA, so that he could instead appeal to the court. Magistrate Judge Donohue scheduled a hearing for March 8 on defendants' motion to dismiss based on jurisdiction, and set a briefing schedule. After that hearing, the court would schedule another hearing on the merits of the habeas petition.

On February 21, plaintiff filed an amended petition for habeas and declaratory and injunctive relief, requesting plaintiff's immediate release and an order that all current and future DACA beneficiaries be free from unwarranted arrest. Plaintiff argued that the court had federal question jurisdiction over this habeas case, and that Immigration Court lacked jurisdiction because no removal proceeding had been initiated. This petition was followed by plaintiff's February 22 emergency motion for conditional release pending final determination.

On February 23, Magistrate Judge Donohue extended the deadline for defendants' motion to dismiss to February 27, and ordered that this motion respond to plaintiffs' emergency motion. Defendants filed the motion on February 27.

On February 24, plaintiff requested an immediate hearing on conditional release. However, on February 27, Magistrate Judge Donohue denied plaintiff's request for an immediate hearing, stating that plaintiff had already been granted an expedited briefing schedule on his federal habeas claim and that the hearing would take place as scheduled on March 8.

Magistrate Judge Donohue, in a February 28 minute order, specified that plaintiff's response to the government's motion to dismiss was due on March 3 and should address the form of relief sought for the habeas petition; how a habeas petition could proceed on a parallel track alongside removal proceedings; and why J.E.F.M. v. Lynch did not preclude jurisdiction. On March 3, plaintiff filed a response to the government's motion to dismiss, and the government in turn filed a reply on March 7.

On March 8, the court held a hearing, indicated it would issue a report and recommendation (R&R) the following week, and ordered plaintiff to reply to government's March 7 reply on the issue of standing. Plaintiff replied on March 10.

On March 14, Magistrate Judge Donohue issued an R&R on plaintiff's February 22 emergency motion for conditional release pending final determination as well as defendants' motion to dismiss. 2017 WL 2954719 (W.D. Wash. Mar 14, 2017). On March 16, plaintiff raised objections and requested expedited consideration by District Judge Ricardo Martinez; defendants responded on March 21.

Then, on March 24, Judge Ricardo Martinez adopted in part Magistrate Judge Donohue's March 14 R&R, and denied plaintiff's objections. 2017 WL 1101370 (W.D. Wash. Mar. 24, 2017). Judge Martinez stated that since plaintiff conceded he was not challenging his removal proceedings, and DHS had the statutory discretion to detain him during these proceedings, plaintiff was not entitled to immediate release through the court. Judge Martinez also specified that if plaintiff were to request a bond redetermination hearing, the government must schedule it within a week from that request. Oddly, the government didn't object to the March 14 R&R until a few days later, on March 29. At that point, defendants filed an argument that district courts lack jurisdiction over matter such as this one.

By March 30, plaintiff had been released from custody, according to defendants. News reports confirmed the release, and indicated that plaintiff was released on bond and was still in immigration removal proceedings. On April 7, plaintiff filed an unopposed motion to delay his response; Judge Martinez granted the motion on April 10.

Plaintiff filed a Second Amended Complaint on April 25. He sought relief to remedy his alleged unconstitutional arrest and detention, to restore his terminated DACA status, and to confirm the benefits he received under DACA were liberty and property interests protected by the Due Process Clause.

Defendants filed a motion to dismiss on June 26. They argued that the Court lacked jurisdiction because DHS's decision to place plaintiff in removal proceedings was an unreviewable exercise of agency discretion. Because DHS had initiated removal proceedings, plaintiff had to proceed through the immigration court system to challenge DHS's decision to terminate his DACA grant. Defendants also argued that plaintiff had no administrative or constitutionally protected claim to DACA benefits because DACA was an exercise of prosecutorial discretion and may be terminated at any time.

On July 10, the parties and Judge Martinez agreed that the Second Amended Complaint had rendered moot any objections to the R&R, and that no further action on the R&R was necessary.

On August 7, plaintiff responded to defendants' June 26 motion to dismiss. Plaintiff argued that defendants could not invoke the INA and agency discretion to assert that judicial review did not apply to their actions. Instead, plaintiff argued, his claim centered on defendants' violation of DHS procedures and due process in revoking his DACA status and work permit. Defendants replied on August 18.

Individual defendants responded to plaintiff's Second Amended Complaint on August 10. They argued that the Court lacked jurisdiction over removal proceedings and that, in any event, plaintiff's Bivens claim against individual defendants was invalid because qualified immunity protected them.

Plaintiff then, on September 20, filed a notice of voluntary dismissal of the individual defendants. The next day, in light of this, the court found moot defendants' August 10 response to plaintiff's Second Amended Complaint. However, plaintiff did not dismiss his claims against the federal agency defendants. The court noted that it still needed to resolve these defendants' June 26 motion to dismiss. A motion hearing was scheduled for November 2.

On October 11, plaintiff filed a supplemental authority in support of his opposition to defendants' motion to dismiss. He argued that the U.S. District Court for the Southern District of California's recent preliminary injunction in Gonzalez Torres v. DHS should apply to his case. In that injunction, that court had vacated a DACA revocation after concluding that it had jurisdiction over then plaintiff’s challenge to the termination of his DACA status, and that DHS's failure to follow the DACA SOP's termination proceedings was unlawful.

On November 2, Judge Martinez held a motion hearing on defendants' June 26 motion to dismiss. He then issued a November 8 order denying defendants' motion. He found that the court had jurisdiction under the INA and APA, because plaintiff was not challenging the government's discretionary decision to terminate his DACA status, but rather defendants' alleged noncompliance with their own non-discretionary procedures when taking plaintiff into custody. Next, Judge Martinez found that plaintiff had stated plausible claims that the government violated the APA with conduct that was arbitrary, capricious, an abuse of discretion, and a due process violation. 2017 WL 5176720 (W.D. Wash. Nov. 8, 2017).

On February 6, 2018, plaintiff moved for a preliminary injunction to reinstate his DACA status and work authorization pending a decision on the merits of his claims. He noted the January 2018 injunction in Regents of the University of California v. DHS requiring the government to maintain the DACA program and allow DACA recipients to renew their status. Plaintiff, however, could not benefit from the Regents injunction because his DACA status was already invoked. He argued the Court should grant him a preliminary injunction because he was likely to succeed on the merits of his claims that defendants violated the APA and the Due Process Clause, and that he would suffer irreparable harm without relief, since he could not work or receive benefits. Defendant responded on February 26 and plaintiff replied on March 2, 2018.

On April 12, 2018, plaintiff moved for an expedited decision on the preliminary injunction. Plaintiff explained that DHS had recently restored his DACA status (pursuant to a class-wide injunction in Inland Empire) but then immediately notified him of its intent to terminate his status again. Judge Martinez, on April 13, denied the expedite motion as moot and instead held a May 1 hearing, at which he requested additional briefing.

On May 15, 2018, the court (Judge Martinez) granted the plaintiff's motion for preliminary injunction, enjoining DHS from terminating his DACA status and work authorization pending merits adjudication, and also from accusing him of gang membership in further proceedings. The court found that the plaintiff is likely to succeed on the merits of his APA claim, finding that DHS' assertion of gang affiliation had no evidentiary support and that it violated due process to revoke his DACA status on the basis of this assertion.

On March 28, 2019, the plaintiff filed an ex parte motion for leave to file a third amended complaint. Judge Martinez granted the motion on May 16. The plaintiffs then filed a third amended complaint on May 29. In the third amended complaint, the plaintiff plead additional factual allegations regarding DHS' denial of his DACA renewal application on December 19, 2018, after the court issued a preliminary injunction enjoining DHS from terminating his benefits. The plaintiff also asserted an equitable estoppel claim based on DHS efforts to conceal the basis for denying his application and sought a declaration that DHS is estopped from terminating his DACA status and work authorization. Lastly, the plaintiff added an assertion that DHS' denial of his DACA application violated his rights under the First Amendment.

On June 7, 2019, plaintiff filed a motion for a second preliminary injunction, seeking to enjoin DHS from "denying, terminating, or otherwise interfering" with plaintiff's DACA status pending resolution of this case. The plaintiff also sought the court to order DHS to again restore his DACA and work authorization. The plaintiff claimed that in denying his DACA renewal in December 2018, a request that is approved more than 99% of the time, DHS violated the "letter and spirit" of the court's preliminary injunction and that denial based on plaintiff's alleged offense history was pretextual. In their July 1 response, defendants argued that plaintiff did not establish irreparable relief that warrants a preliminary injunction and that they exercised their discretion in a manner that bars discretion and was compliant with applicable law.

On August 7, 2019, defendants filed a motion to dismiss the third amended complaint for lack of subject matter, or in the alternative, for summary judgment. The defendants argued that the claims set forth in the first two amended complaints are now moot or have been voluntarily dismissed, such that the court can no longer grant relief. With regard to the claims laid forth in the third amended complaint, the defendants contended that the court lacks jurisdiction to review the denial of plaintiff's DACA application "because the decision represents an exercise of unreviewable agency discretion." In support of its alternative motion for summary judgment, the defendants asserted that the Administrative Record (AR) shows that they followed the applicable process in denying plaintiff's DACA application and that because plaintiff no longer has DACA authorization, he "lacks a constitutionally protected interest that would support his claims." In his response, the plaintiff argued that the court had already determined that it had jurisdiction to review USCIS decisions and that the defendants were simply rehashing prior unsuccessful arguments.

Following a hearing on September 27, 2019, Judge Martinez issued an order on October 9, 2019, granting the defendants' motion to dismiss for lack of subject matter and denying the plaintiff's motion for a second preliminary injunction. Judge Martinez concluded that the court did not have jurisdiction to review USCIS' denial of plaintiff's DACA application and that the defendants had complied with the preliminary injunction. Judge Martinez did not come to this conclusion without chagrin; "the Court is left with the uneasy feeling that the Government did not honestly consider the facts of Mr. Ramirez’s case to arrive at a just conclusion." However, given the law as it stood, Judge Martinez could not intervene and "assur[e] equal justice under the law. In issuing this order, Judge Martinez called upon Congress to "fully address our nation’s much needed immigration reform," and stated that without reform, "there will continue to be cases like this in which courts are compelled to reach unjust, though legally correct, results." 408 F.Supp.3d 1224.

On December 6, 2019, the plaintiff appealed the order granting the motion to dismiss to the Ninth Circuit (Docket No. 19-36034). As of March 16, 2020, plaintiff's appeal is pending resolution; plaintiff's brief is due on April 15 and defendants' brief is due on May 15.

Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (5/22/2018)

Lisa Limb (5/7/2019)

Aaron Gurley (3/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4585127/parties/ramirez-medina-v-asher/


Judge(s)

Donohue, James P. (Washington)

Martinez, Ricardo S. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Bach, Nathaniel L. (Washington)

Barrera, John (Washington)

Boutrous, Theodore J. Jr. (California)

Chemerinsky, Erwin (California)

Dettmer, Ethan D. (California)

Doran, Ambika K. (Washington)

Eidmann, Kathryn A. (California)

Judge(s)

Donohue, James P. (Washington)

Martinez, Ricardo S. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Bach, Nathaniel L. (Washington)

Barrera, John (Washington)

Boutrous, Theodore J. Jr. (California)

Chemerinsky, Erwin (California)

Dettmer, Ethan D. (California)

Doran, Ambika K. (Washington)

Eidmann, Kathryn A. (California)

Gabriel, Jesse S. (California)

Garcia, Jose (Washington)

Hadaway, Elizabeth (California)

Hawkins, Mary Elizabeth (Washington)

Hudson-Price, Anne M. (California)

Litman, Leah M. (California)

London, Judith Maura (California)

Marquart, Katherine (California)

Romero, Luis Cortes (California)

Rosenbaum, Mark Dale (California)

Tribe, Laurence (Massachusetts)

Attorneys(s) for Defendant

D'Alessio, C. Salavtore (District of Columbia)

Goldsmith, Aaron S. (District of Columbia)

Mason, Mary Hampton (District of Columbia)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Robins, Jeffrey S (District of Columbia)

Walker, James Joseph (District of Columbia)

Whitman, Sarah Elisabeth (District of Columbia)

Other Attorney(s)

Rummage, Stephen M. (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Ramirez Medina v. Asher

Dec. 9, 2019 Docket
1

Petition for Writ of Habeas Corpus

Ramirez Medina v. Asher

Feb. 13, 2017 Complaint
30

Order Directing Service, Setting Status Conference, and Setting Briefing Schedule

Ramirez Medina v. Asher

Feb. 14, 2017 Order/Opinion
34

Petitioner’s Response Brief Re: Court’s February 14, 2017, Order Directing Service, Setting Status Conference, and Setting Briefing Schedule

Ramirez Medina v. Asher

Feb. 16, 2017 Pleading / Motion / Brief
39

Order Setting Briefing Schedule

Ramirez Medina v. Asher

Feb. 17, 2017 Order/Opinion
41

Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief

Ramirez Medina v. Asher

Feb. 21, 2017 Pleading / Motion / Brief
45

Emergency Motion for Conditional Release Pending Final Determination

Ramirez Medina v. Asher

Feb. 22, 2017 Pleading / Motion / Brief
52

Respondents' Motion to Dismiss

Ramirez Medina v. Asher

Feb. 27, 2017 Pleading / Motion / Brief
51

Order Denying Request for Immediate Hearing on Conditional Release

Ramirez Medina v. Department of Homeland Security

Feb. 27, 2017 Order/Opinion
55

Minute Order

Ramirez Medina v. U.S. Department of Homeland Security

Feb. 28, 2017 Order/Opinion

Resources

Title Description External URL

Our Stories: The Case of 23-year-old DREAMer, Daniel Ramirez Medina v. Department of Homeland Security

In partnership with Barrera Legal Group, Northwest Immigrant Rights Project, and Gibson, Dunn & Crutcher, we have filed a lawsuit challenging the detention of Daniel Ramirez Medina, a DACA recipient … Feb. 16, 2017 http://www.publiccounsel.org/stories?id=0221

The Case of 23-year-old DREAMer, Daniel Ramirez Medina v. Department of Homeland Security

Public Counsel

In partnership with Barrera Legal Group, Northwest Immigrant Rights Project, and Gibson, Dunn & Crutcher, we have filed a lawsuit challenging the detention of Daniel Ramirez Medina, a DACA recipient … Feb. 24, 2017 http://www.publiccounsel.org/stories?id=0221

A Case That Could Determine the Future for Dreamers

Blitzer, Jonathan

On the morning of February 10th, Daniel Ramirez was sleeping on a couch in his father’s apartment in Des Moines, Washington, when three agents from Immigration and Customs Enforcement (ICE) walked th… March 15, 2017 https://www.newyorker.com/news/news-desk/a-case-that-could-determine-the-future-for-dreamers

Memorandum on Rescission Of Deferred Action For Childhood Arrivals (DACA)

Department of Homeland Security

"This memorandum rescinds the June 15, 2012 memorandum entitled 'Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children,' which established the prog… Sept. 5, 2017 https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4585127/ramirez-medina-v-asher/

Last updated May 12, 2022

ECF Number Description Date Link
1

2241 PETITION for Writ of Habeas Corpus (Receipt # 0981-4766629), filed by Daniel Ramirez Medina. (Attachments: # 1 Certificate of Service)(Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 RECAP

Notice to Filer

Feb. 13, 2017 PACER

NOTICE to Filer: the incorrect divisional office was selected upon case opening, 3:17-cv-5110. This case is now assigned a Seattle case number and judge(s). All future documents shall bear the following: 2:17-cv-00218 RSM/JPD. Thank you. (MET)

Feb. 13, 2017 PACER

Notice of Docket Text Modification

Feb. 13, 2017 PACER

NOTICE of Docket Text Modification re 1 Petition for Writ of Habeas Corpus: Clerk added US Attorney Habeas and regenerated the notice of filing. (SG)

Feb. 13, 2017 PACER
2

APPLICATION OF ATTORNEY Ethan Dettmer FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767181 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 RECAP
3

APPLICATION OF ATTORNEY Laurence Tribe FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767216 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 RECAP
4

APPLICATION OF ATTORNEY Mark Rosenbaum FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767228 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
5

APPLICATION OF ATTORNEY Luis Cortes Romero FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767236 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
6

APPLICATION OF ATTORNEY Katherine M. Marquart FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767243 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
7

APPLICATION OF ATTORNEY Judy London FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767252 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
8

APPLICATION OF ATTORNEY Anne M. Hudson-Price FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767263 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
9

APPLICATION OF ATTORNEY Elizabeth Hadaway FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767265 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
10

APPLICATION OF ATTORNEY Jose Garcia FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767273 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
11

APPLICATION OF ATTORNEY Jesse S. Gabriel FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767280 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
12

ORDER re 2 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Ethan D. Dettmer for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
13

APPLICATION OF ATTORNEY Kathryn A. Eidman FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767286 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
14

APPLICATION OF ATTORNEY Erwin Chemerinsky FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767294 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
15

APPLICATION OF ATTORNEY Theodore J. Boutrous, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767301 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
16

ORDER re 3 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Laurence H. Tribe for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
17

APPLICATION OF ATTORNEY John C. Barrera FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4767312 (Hawkins, Mary) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
18

ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Mark D. Rosenbaum for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
19

ORDER re 5 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Luis Cortes Romero for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
20

ORDER re 6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Katherine Marquart for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
21

ORDER re 7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Judy London for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
22

ORDER re 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Anne M. Hudson-Price for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
23

ORDER re 9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Elizabeth Hadaway for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
24

ORDER re 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jesse S. Gabriel for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
25

ORDER re 13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Kathryn A. Eidman for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
26

ORDER re 14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Erwin Chemerinsky for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
27

ORDER re 15 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Theodore J. Boutrous, Jr for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
28

ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jose Garcia for Daniel Ramirez Medina, by Clerk William M McCool. Note: Jose Garcia maintains an office outside the Western District of Washington, physical address of 320 N. Johnson St., Suite 600, Kennewick, WA 99336. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
29

ORDER re 17 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John Barrera for Daniel Ramirez Medina, by Clerk William M McCool. Note: John Barrera maintains an office outside the Western District of Washington, physical address of 623 11th Avenue S., Nampa, ID 83651.No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/13/2017)

Feb. 13, 2017 PACER
30

ORDER DIRECTING SERVICE SETTING STATUS CONFERENCE, AND SETTING BRIEFINGSCHEDULE by Hon. James P. Donohue. Electronic posting of this Order and petitioners ยง 2241 habeas petition shall effect service upon the United States Attorney of the petition and all supporting documents. Service upon the United States Attorney is deemed to be service upon DHS, the Secretary of DHS, the ICE Seattle Field Office Director, and the Warden of the Northwest Detention Center. The Court will hold a status conference at 10:00 a.m. on Friday, February 17, 2017, in Courtroom 12A at the U.S. District Courthouse in Seattle, Washington. (SG) (Entered: 02/14/2017)

Feb. 14, 2017 RECAP

Set/Reset Deadlines/Hearings

Feb. 14, 2017 PACER

Set/Reset Deadlines & Hearings: Status Conference set for 2/17/2017 at 10:00 AM in Courtroom 12A before Hon. James P. Donohue. Respondents Brief due by 9:00 a.m. on 2/16/2017, Petitioner may file a response to respondents' brief by 5:00 p.m. 2/16/2017.(AE)

Feb. 14, 2017 PACER
31

NOTICE of Appearance by attorney Jeffrey S Robins on behalf of Respondents Nathalie Asher, John Kelly, US Department of Homeland Security. (Robins, Jeffrey) (Entered: 02/14/2017)

Feb. 14, 2017 PACER
32

BRIEF re 30 Order Directing Service,, by Respondents Nathalie Asher, John Kelly, US Department of Homeland Security, Warden (Attachments: # 1 Exhibit Notice to Appear, # 2 Exhibit DACA Notice of Action, # 3 Exhibit Form I-213, # 4 Exhibit Custody Determination)(Robins, Jeffrey) (Entered: 02/16/2017)

Feb. 16, 2017 RECAP

Add and Terminate Attorneys

Feb. 16, 2017 PACER
33

NOTICE of Appearance by attorney Aaron S Goldsmith on behalf of Respondents Nathalie Asher, John Kelly, US Department of Homeland Security, Warden. (Goldsmith, Aaron) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
34

RESPONSIVE BRIEF re 30 Order Directing Service,, by Petitioner Daniel Ramirez Medina. (Boutrous, Theodore) (Entered: 02/16/2017)

Feb. 16, 2017 RECAP
35

DECLARATION re 34 Brief - Responsive by Petitioner Daniel Ramirez Medina (Attachments: # 1 Exhibit Declaration of Daniel Ramirez Medina, # 2 Exhibit Declaration of Josue L., # 3 Exhibit Declaration of Luz L. (English), # 4 Exhibit Declaration of Luz L. (Spanish), # 5 Exhibit Declaration of Nancy L., # 6 Exhibit Declaration of VIRIDIANA SARAHI CHABOLLA MENDOZA, # 7 Exhibit Declaration of Martin Flores, # 8 Exhibit Declaration of Edwina Barvosa, # 9 Exhibit Declaration of Ethan Dettmer, # 10 Exhibit Declaration of Luis Cortes Romero, # 11 Exhibit Declaration of Jesse Gabriel)(Boutrous, Theodore) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
36

DECLARATION of Jesse Gabriel re 34 Brief - Responsive by Petitioner Daniel Ramirez Medina (Attachments: # 1 Exhibit Letter from Consul of Mexico)(Gabriel, Jesse) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
37

NOTICE of Appearance by attorney Stephen M. Rummage on behalf of Amicus United We Dream. (Rummage, Stephen) (Entered: 02/16/2017)

Feb. 16, 2017 PACER
38

Unopposed MOTION for Leave to File Amicus Curiae Brief, filed by Amicus United We Dream. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief, # 2 Proposed Order) Noting Date 2/16/2017, (Rummage, Stephen) (Entered: 02/16/2017)

Feb. 16, 2017 PACER

Attorney Ambika K Doran for United We Dream added; per 37 Notice of Appearance. (swt)

Feb. 16, 2017 PACER
39

ORDER SETTING BRIEFING SCHEDULE by Hon. James P. Donohue. Petitioner's motion for immediate release from the ongoing removal proceedings is DENIED. Expedited bond hearing before an Immigration Judge to be requested no later than 2/21/2017 at noon. If requested, respondents shall arrange for Mr. Ramirez to have a bond hearing before an Immigration Judge by Friday, 2/24/2017. Amended habeas petition due by 2/21/2017 at noon. Government's motion to dismiss on jurisdictional grounds is due by Friday, 2/24/2017 at 5:00 p.m; Response due 3/3/2017 by 5:00 p.m.; Reply due 3/7/2017 at noon. Oral argument on the Government's motion to dismiss to be held on 3/8/2017 at 10:00 AM in Courtroom 12A. The unopposed motion for leave to file amicus curiae brief by United We Dream, Dkt. 38, is GRANTED. (PM) (Entered: 02/17/2017)

Feb. 17, 2017 RECAP
40

MINUTE ENTRY for proceedings held before Hon. James P. Donohue- Dep Clerk: A. Elkington; Pla Counsel: Theodore Boutrous Jr., Mark Rosenbaum, Ethan Dettmer, Elizabeth Hadaway, Luis cortez Romero; Def Counsel: Jeffrey Robins; CR: Nancy Bauer; Time of Hearing: 10:00; Courtroom: 12A;Status Conference held on 2/17/2017. Court reviews status of case and briefing filed by the parties. Court hears from the parties regarding, release/detention, general jurisdiction, merits of petition. For reasons stated on the record, the Court finds: Immediate release denied due to lack of jurisdiction; Petitioner to apply for a bond hearing before an Immigration Judge. Hearing to take place within one week from today. Court STRIKES previously set scheduling order and sets an accelerated briefing schedule, order posted 39 . Court addresses consent procedures. Unopposed Motion for Amicus Curiae Brief - ALLOWED. Petitioner is directed to file an Amended Petition by 12:00 PM on Tuesday 2/21/2017. Oral Argument Hearing set for 3/8/2017 at 10:00 AM in Courtroom 12A before Hon. James P. Donohue. (AE) Modified on 2/17/2017 (KMP). (Entered: 02/17/2017)

Feb. 17, 2017 PACER
41

AMENDED PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, filed by Daniel Ramirez Medina. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Boutrous, Theodore) (Entered: 02/21/2017)

Feb. 21, 2017 RECAP
42

CERTIFICATE OF SERVICE by Petitioner Daniel Ramirez Medina re 41 Amended Petition, (Boutrous, Theodore) (Entered: 02/21/2017)

Feb. 21, 2017 PACER
43

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the status Hearing held on 2/17/2017 before Judge James P. Donohue.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Nancy Bauer, nancy_bauer@wawd.uscourts.gov, 206-370-8506. Release of Transcript Restriction set for 5/23/2017, (NB) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
44

APPLICATION OF ATTORNEY Leah M. Litman FOR LEAVE TO APPEAR PRO HAC VICE for Petitioner Daniel Ramirez Medina (Fee Paid) Receipt No. 0981-4779654 (Boutrous, Theodore) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
45

Emergency MOTION Conditional Release Pending Final Determination, filed by Petitioner Daniel Ramirez Medina. (Attachments: # 1 Exhibit Declaration of Katherine Marquart, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F-1, # 8 Exhibit F-2, # 9 Exhibit F-3, # 10 Exhibit G-1, # 11 Exhibit G-2, # 12 Exhibit G-3, # 13 Exhibit H, # 14 Exhibit I-1, # 15 Exhibit I-2, # 16 Exhibit I-3, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Exhibit M, # 21 Exhibit N, # 22 Proposed Order) Noting Date 2/22/2017, (Boutrous, Theodore) (Entered: 02/22/2017)

Feb. 22, 2017 RECAP
46

RESPONSE by Petitioner Daniel Ramirez Medina re 39 Set Deadlines/Hearings,,,, Order on Motion for Leave,,, re Jurisdiction Over The Habeas Petition (Boutrous, Theodore) (Entered: 02/22/2017)

Feb. 22, 2017 PACER
47

MINUTE ORDER by Hon. James P. Donohue, United States Magistrate Judge; The deadline for the government's motion to dismiss on jurisdictional grounds is extended from Friday, February 24, 2017 to Monday, February 27, 2017 at 5:00 p.m., and the government shall incorporate any response to petitioner's 45 emergency motion for conditional release into its motion to dismiss. All other deadlines previously set by the Court shall remain unchanged. (TF) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
48

ORDER re 44 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Leah M. Litman for Daniel Ramirez Medina, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 02/23/2017)

Feb. 23, 2017 PACER
49

REQUEST by Petitioner Daniel Ramirez Medina for IMMEDIATE HEARING ON CONDITIONAL RELEASE (Boutrous, Theodore) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
50

DECLARATION (Second Supplemental) of Daniel Ramirez Medina re 49 Request by Petitioner Daniel Ramirez Medina (Boutrous, Theodore) (Entered: 02/24/2017)

Feb. 24, 2017 PACER
51

ORDER DENYING 49 REQUEST FOR IMMEDIATE HEARING ON CONDITIONAL RELEASE by Hon. James P. Donohue. (TF) (Entered: 02/27/2017)

Feb. 27, 2017 RECAP
52

MOTION to Dismiss, filed by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security. Oral Argument Requested. (Attachments: # 1 Exhibit Declaration of Jeffrey S. Robins, # 2 Exhibit June 15, 2012 DHS Memo, # 3 Exhibit Februay 27, 2017 DHS Memo, # 4 Exhibit February 21, 2017 DHS Q&A, # 5 Exhibit October 17, 2015 USCIS FAQs, # 6 Exhibit April 17, 2015 USCIS Letter to Hon. Grassley, # 7 Exhibit USCIS Form I-821D Instructions, # 8 Exhibit May 5, 2016, Form I-797 Notice of Action, # 9 Exhibit February 17, 2017 Notice of Action, # 10 Exhibit Form I-213, Record of Deportable/Inadmissible Alien, # 11 Exhibit Notice to Appear, # 12 Exhibit Form I-286 Notice of Custody Decision, # 13 Exhibit Declaration of Michael Heye, # 14 Exhibit Declaration of Kayla Martindale, # 15 Exhibit February 17, 2017, Notice of Custody Redetermination Hearing, # 16 Exhibit Declaration of Leroy Portillo) Noting Date 3/8/2017, (Robins, Jeffrey) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
53

PROPOSED ORDER (Unsigned) re 52 MOTION to Dismiss (Robins, Jeffrey) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
54

NOTICE of Errata re 52 MOTION to Dismiss ; filed by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security. (Attachments: # 1 Exhibit Errata Exhibit L, # 2 Exhibit Errata Exhibit N)(Robins, Jeffrey) (Entered: 02/27/2017)

Feb. 27, 2017 PACER
55

MINUTE ORDER by Hon. James P. Donohue, United States Magistrate Judge, regarding Petitioner's response to Government's 52 MOTION to Dismiss. (TF) (Entered: 02/28/2017)

Feb. 28, 2017 RECAP
56

LETTER to the Court from Governor Graco Ramirez Garrido Abreu, Chair of the National Conference of Governors of Mexico. (TF) (Entered: 03/02/2017)

March 2, 2017 PACER
57

RESPONSE, by Petitioner Daniel Ramirez Medina, to 52 MOTION to Dismiss . (Boutrous, Theodore) (Entered: 03/03/2017)

March 3, 2017 PACER
58

REPLY, filed by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security, TO RESPONSE to 52 MOTION to Dismiss (Robins, Jeffrey) (Entered: 03/07/2017)

March 7, 2017 PACER
59

NOTICE of Supplemental Authority re 57 Response to Motion by Petitioner Daniel Ramirez Medina (Attachments: # 1 Attachment A, # 2 Attachment B)(Boutrous, Theodore) (Entered: 03/07/2017)

March 7, 2017 PACER
60

MINUTE ENTRY for proceedings held before Hon. James P. Donohue- Dep Clerk: T Farrell; Pla Counsel: Theodore Boutrous, Jr., Mark Rosenbaum, Ethan Dettmer, Luis Cortes, Matt Adams; Def Counsel: Jeffrey Robbins, Aaron Goldsmith; CR: Debbie Zurn; Time of Hearing: 10:00 am; Courtroom: 12A; Motion Hearing held on 3/8/2017 re Petitioner's 45 Emergency MOTION for Conditional Release Pending Final Determination and Respondents' 52 MOTION to Dismiss. Court hears arguments on motions, conducts colloquy with parties. Court will issue its Report and Recommendation the week of March 13. Court also directs Petitioner to file a response to Govt's 58 Reply, limited to the issue of standing, by 9:00 am, Friday, March 10, 2017. Court adjourned. (TF) (Entered: 03/08/2017)

March 8, 2017 PACER
61

SURREPLY filed by Petitioner Daniel Ramirez Medina re 52 MOTION to Dismiss REGARDING RESPONDENTS STANDING ARGUMENTS FIRST RAISED ON REPLY (Boutrous, Theodore) (Entered: 03/10/2017)

March 10, 2017 PACER
62

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 3/8/2017 before Judge James P. Donohue.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 6/8/2017, (DZ) (Entered: 03/10/2017)

March 10, 2017 PACER
63

NOTICE of Supplemental Authority re 57 Response to Motion by Petitioner Daniel Ramirez Medina (Attachments: # 1 Attachment A)(Boutrous, Theodore) (Entered: 03/10/2017)

March 10, 2017 PACER
64

REPORT AND RECOMMENDATIONS by Hon. James P. Donohue, re Petitioner's 45 Emergency MOTION for Conditional Release Pending Final Determination and Government's 52 MOTION to Dismiss. Objections to R&R is due by 3/28/2017. Noting Date 3/31/2017. (Attachments: # 1 Proposed Order)(TF) (Entered: 03/14/2017)

March 14, 2017 PACER
65

MINUTE ORDER by Chief Judge Ricardo S. Martinez. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, Chief United States District Judge: Pursuant to Federal Rule of Civil Procedure 5.2(c), the Court shall make the Report and Recommendation of Judge Donohue (Dkt. #64) and any Objections thereto remotely available to the public via the Court's website. (SSM) (Entered: 03/14/2017)

March 14, 2017 PACER
66

OBJECTIONS by Petitioner Daniel Ramirez Medina to 64 Report and Recommendations,. and Request for Expedited Consideration Noting Date 3/31/2017, (Boutrous, Theodore) (Entered: 03/16/2017)

March 16, 2017 PACER
67

ORDER DIRECTING RESPONSE TO OBJECTIONS AND DECLINING ORAL ARGUMENT: RE-NOTING petitioner's 66 OBJECTIONS to 64 Report and Recommendations; Noting Date 3/16/2017; respondents to file response to objections by 3/21/17; no reply shall be filed by petitioner; any objections re respondents' motion to dismiss remain due no later than 3/28/17 by Judge Ricardo S Martinez. (RS) (Entered: 03/17/2017)

March 17, 2017 RECAP
68

RESPONSE to 66 OBJECTIONS by Petitioner Daniel Ramirez Medina to 64 Report and Recommendations,. and Request for Expedited Consideration filed by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security (Robins, Jeffrey) (Entered: 03/21/2017)

March 21, 2017 PACER
69

ORDER by Chief Judge Ricardo S. Martinez ADOPTING IN PART Judge Donohue's Report and Recommendations re 66 conditional release. Petitioner's Objections are DENIED. (SSM) (Entered: 03/24/2017)

March 24, 2017 RECAP
70

OBJECTIONS by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security to 64 Report and Recommendations,. Noting Date 4/14/2017, (Robins, Jeffrey) (Entered: 03/28/2017)

March 28, 2017 PACER
71

PRAECIPE to attach document Corrected Objections re 70 OBJECTIONS by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security to 64 Report and Recommendations,. by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security (Attachments: # 1 Exhibit Corrected Objections)(Robins, Jeffrey) (Entered: 03/29/2017)

March 29, 2017 PACER
72

NOTICE OF PETITIONERS RELEASE FROM CUSTODY re 71 Praecipe to Attach Document, ; filed by Respondents Nathalie Asher, Lowell Clark, John Kelly, US Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Robins, Jeffrey) (Entered: 03/30/2017)

March 30, 2017 PACER
73

Unopposed MOTION to Continue Petitioner's Deadline to Respond, filed by Petitioner Daniel Ramirez Medina. Noting Date 4/7/2017, (Boutrous, Theodore) (Entered: 04/07/2017)

April 7, 2017 PACER
74

PROPOSED ORDER (Unsigned) re 73 Unopposed MOTION to Continue Petitioner's Deadline to Respond (Boutrous, Theodore) (Entered: 04/07/2017)

April 7, 2017 PACER
75

ORDER granting Ex Parte Petitioner's 73 Motion to continue deadline; Deadline to respond to respondents' objections to the R&R is continued to 4/25/17 by Judge Ricardo S Martinez.(RS) (Entered: 04/10/2017)

April 10, 2017 PACER
76

STIPULATION AND PROPOSED ORDER Regarding Filing of Second Amended Complaint by parties (Attachments: # 1 Proposed Order, # 2 Proposed Second Amended Complaint, # 3 Exhibits A-F to Proposed Second Amended Complaint, # 4 Exhibits G-W to Proposed Second Amended Complaint, # 5 Comparison Document)(Boutrous, Theodore) (Entered: 04/24/2017)

April 24, 2017 PACER
77

STIPULATION AND ORDER by Chief Judge Ricardo S. Martinez. Motions temporarily suspended: 70 OBJECTIONS to R&R. Plaintiff shall file and serve his proposed Second Amended Complaint. Defendants shall have 60 days from the filing of the Second Amended Complaint to answer or otherwise respond to that pleading. No later than 14 days after the Federal Defendants respond to the Second Amended Complaint, the parties shall file a joint status report with the Court stating their positions regarding whether the R&R is moot in light of the Second Amended Complaint. (SSM) (Entered: 04/25/2017)

April 25, 2017 PACER
78

Second AMENDED COMPLAINT against defendant(s) US Department of Homeland Security, US Immigration and Customs Enforcement, US Citizenship and Immigration Services, Matthew E. Hicks, [Unknown First Name] Peter, [Unknown First Name] Hernandez, Kathlyn Lawrence, John Does 1-10 with JURY DEMAND, filed by Daniel Ramirez Medina. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Boutrous, Theodore) (Entered: 04/25/2017)

April 25, 2017 RECAP
79

PRAECIPE TO ISSUE SUMMONS by Plaintiff Daniel Ramirez Medina (Attachments: # 1 Summons to the Department of Homeland Security, # 2 Summons to Immigration and Customs Enforcement, # 3 Summons to the U.S. Citizenship and Immigration Services, # 4 Summons to Matthew E. Hicks, # 5 Summons to Kathlyn Lawrence, # 6 Summons to U.S. Attorney General Jefferson B. Sessions, # 7 Summons to the U.S. Attorney's Office for the Western District of Washington)(Boutrous, Theodore) (Entered: 05/02/2017)

May 2, 2017 PACER
80

Summons Issued as to defendant(s) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(RS) (Entered: 05/03/2017)

May 3, 2017 PACER
81

PRAECIPE TO ISSUE SUMMONS by Plaintiff Daniel Ramirez Medina (Attachments: # 1 Summons to Lance Hernandez)(Boutrous, Theodore) (Entered: 05/08/2017)

May 8, 2017 PACER
82

PRAECIPE TO ISSUE SUMMONS (CORRECTED) by Plaintiff Daniel Ramirez Medina (Attachments: # 1 Corrected Summons to Lance Hernandez)(Boutrous, Theodore) (Entered: 05/08/2017)

May 8, 2017 PACER
83

Summons Issued (RS) (Entered: 05/09/2017)

May 9, 2017 PACER
84

AFFIDAVIT of Mailing of Summons and Complaint to Lance Hernandez, et al. on 5/9/2017, filed by Plaintiff Daniel Ramirez Medina. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Boutrous, Theodore) (Entered: 05/12/2017)

May 12, 2017 PACER
85

PRAECIPE TO ISSUE SUMMONS to Defendant Taula Peter by Plaintiff Daniel Ramirez Medina (Attachments: # 1 Summons)(Boutrous, Theodore) (Entered: 05/22/2017)

May 22, 2017 PACER
86

Summons Issued (RS) (Entered: 05/23/2017)

May 23, 2017 PACER
87

AFFIDAVIT of Mailing of Summons and Complaint to Matthew E. Hicks, et al. on 5/23/2017, filed by Plaintiff Daniel Ramirez Medina. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Boutrous, Theodore) (Entered: 05/23/2017)

May 23, 2017 PACER
88

Stipulated MOTION to Modify Briefing Schedule on the Federal Agency Defendants' Motion to Dismiss, filed by Plaintiff Daniel Ramirez Medina. (Attachments: # 1 Proposed Order) Noting Date 6/22/2017, (Boutrous, Theodore) (Entered: 06/22/2017)

June 22, 2017 PACER
89

ORDER granting 88 Stipulated Motion to modify briefing schedule re the Federal Agency Defendants' response to the second amended complaint signed by Judge Ricardo S Martinez.(RS) (Entered: 06/26/2017)

June 26, 2017 RECAP
90

MOTION to Dismiss, filed by Defendants US Citizenship and Immigration Services, US Department of Homeland Security, US Immigration and Customs Enforcement. Oral Argument Requested. (Attachments: # 1 Declaration of Jeffrey S. Robins, # 2 Exhibit A - DHS Q&A, # 3 Exhibit B - I-812D Instructions, # 4 Exhibit C - DACA SOP - Chapter 14, # 5 Exhibit D - DACA SOP Appendix I, # 6 Exhibit E - USCIS Nov. 2011 Memo, # 7 Proposed Order) Noting Date 8/18/2017, (Robins, Jeffrey) (Entered: 06/26/2017)

June 26, 2017 RECAP
91

NOTICE of Filing Certified Adminstrative Records in Paper or Physical Form with the Clerk's Office by Defendants US Citizenship and Immigration Services, US Department of Homeland Security, US Immigration and Customs Enforcement. (Robins, Jeffrey) (Entered: 06/27/2017)

June 27, 2017 PACER
92

SEALED ADMINISTRATIVE RECORD filed by Defendant USCIS; filed on sealed admin record area of Clerk's Office (RS) (Entered: 06/28/2017)

June 27, 2017 PACER

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 13, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff is believed to be the first Deferred Action for Childhood Arrivals (DACA) recipient arrested and detained by Immigration and Customs Enforcement (ICE) during the Trump administration.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Public Counsel

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Citizenship and Immigration Services, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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

Constitutional Clause(s):

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Habeas Corpus

Over/Unlawful Detention

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Type of Facility:

Government-run

Benefit Source:

DACA (Deferred Action for Childhood Arrivals)

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

ICE/DHS/INS raid

Status/Classification