Case: Dilley Pro Bono Project v. U.S. Immigration and Customs Enforcement

1:17-cv-01055 | U.S. District Court for the District of Columbia

Filed Date: June 1, 2017

Closed Date: Feb. 15, 2020

Clearinghouse coding complete

Case Summary

On June 1, 2017, the Dilley Pro Bono Project, an organization that provides pro bono legal representation to individuals seeking asylum, filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and its component agency, Immigration and Customs Enforcement (ICE). The case was assigned to Judge Christopher Cooper. Dilley Pro Bono Project specifically provides legal representation to minors and women confined in the South Tex…

On June 1, 2017, the Dilley Pro Bono Project, an organization that provides pro bono legal representation to individuals seeking asylum, filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and its component agency, Immigration and Customs Enforcement (ICE). The case was assigned to Judge Christopher Cooper.

Dilley Pro Bono Project specifically provides legal representation to minors and women confined in the South Texas Family Residential Center, which is in Dilley, Texas. The plaintiff claimed that its First Amendment rights and its clients' right to counsel were violated by a new ICE policy requiring pre-approval of telephonic medical evaluations of people seeking asylum. The plaintiff argued that these medical evaluations were crucial to its ability to represent clients in asylum cases, and that this new hurdle interferes with that representation.

The plaintiff stated that in March 2017, one of its attorneys had her permission to visit the South Texas detention center revoked when she scheduled a telephonic medical evaluation without pre-approval from an ICE agent. ICE then officially issued the pre-approval policy in May. The plaintiff claimed that because it only had two full-time attorneys and four full-time legal assistants at the time, the revocation of one attorney's permission to visit, in addition to the new policy, severely limited its ability to represent clients.

The complaint alleged that the policy and practice of requiring pre-approval unlawfully infringed upon the Dilley Project's First Amendment right to associate with the minors and women in the South Texas detention center, as well as upon those individuals' ability to get adequate counseling. In addition, it alleged that the policy's issuance violated the Administrative Procedure Act (APA).

The plaintiff requested both a preliminary and a permanent injunction; it sought reinstatement of visitation rights for the attorney whose permission to visit had been revoked, as well as an order prohibiting ICE from enforcing the pre-approval policy or implementing other similar restrictions. The plaintiff also sought attorneys’ fees.

The parties entered into settlement discussions on August 11, 2017, and reached an agreement on August 15, 2017. The settlement still allows ICE to implement the policy, but the time frame for responding to pre-approval requests for telephonic medical evaluations is limited to within four business hours after the request is made; a notice of scheduling the appointment should be given two hours in advance. If the request is denied, ICE will provide a detailed explanation for the denial. If the plaintiff disagrees with the decision, then the parties will address jointly and informally any such dispute. In addition, the settlement reinstates the visitation permission for the attorney who had that permission revoked. Each party was to pay their own attorneys' fees.

The Court retained jurisdiction to enforce the settlement until February 15, 2020. That period has passed and the case is now closed.

Summary Authors

Sean Whetstone (5/16/2018)

Sam Kulhanek (4/18/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6068832/parties/dilley-pro-bono-project-v-us-immigration-and-customs-enforcement/


Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorneys(s) for Plaintiff

Crow, Melissa E. (District of Columbia)

Davidoff, Amanda Flug (District of Columbia)

Ip, Veronica W. (New York)

Klapper, Richard H. (New York)

Lallinger, Lucas (District of Columbia)

Scholtz, Rebecca H. (Maryland)

Attorneys(s) for Defendant

Fabian, Sarah B. (District of Columbia)

Peachey, William Charles (District of Columbia)

Perez, Elianis N. (District of Columbia)

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorneys(s) for Plaintiff

Crow, Melissa E. (District of Columbia)

Davidoff, Amanda Flug (District of Columbia)

Ip, Veronica W. (New York)

Klapper, Richard H. (New York)

Lallinger, Lucas (District of Columbia)

Scholtz, Rebecca H. (Maryland)

Attorneys(s) for Defendant

Fabian, Sarah B. (District of Columbia)

Peachey, William Charles (District of Columbia)

Perez, Elianis N. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Silvis, William C. (District of Columbia)

Vuong, Sarah Lake (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 16, 2017 Docket
1

Complaint for Declaratory and Injunctive Relief

June 1, 2017 Complaint
2

Application for a Preliminary Injunction

June 1, 2017 Pleading / Motion / Brief
25

Notice of Settlement

Aug. 11, 2017 Pleading / Motion / Brief
26

Joint Motion for Entry of Stipulation and Proposed Order Dismissing Case with Prejudice and Retaining Jurisdiction for the Purpose of Enforcing Settlement

Aug. 15, 2017 Pleading / Motion / Brief
26-1

Stipulation and Proposed Order Dismissing Case with Prejudice and Retaining Jurisdiction for the Purpose of Enforcing Settlement

Aug. 15, 2017 Settlement Agreement
27

Stipulation and Order Dismissing Case With Prejudice and Retaining Jurisdiction for the Purpose of Settlement

Aug. 16, 2017 Order/Opinion

Resources

Title Description External URL

Challenging ICE Interference with Legal Representation at Dilley

American Immigration Council

Dilley Pro Bono Project v. ICE, No. (D.D.C. filed June 1, 2017) <br />This case was filed after ICE barred Caroline Perris, a full-time legal assistant with the Dilley Pro Bono Project (DPBP), from e… Aug. 16, 2017 https://www.americanimmigrationcouncil.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6068832/dilley-pro-bono-project-v-us-immigration-and-customs-enforcement/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4974628) filed by SHALYN FLUHARTY, Dilley Pro Bono Project. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons)(Davidoff, Amanda) (Entered: 06/01/2017)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

5 Exhibit E

View on PACER

6 Exhibit F

View on PACER

7 Exhibit G

View on PACER

8 Civil Cover Sheet

View on RECAP

9 Summons

View on PACER

10 Summons

View on PACER

11 Summons

View on PACER

12 Summons

View on PACER

13 Summons

View on PACER

June 1, 2017 RECAP
2

MOTION for Preliminary Injunction by Dilley Pro Bono Project, SHALYN FLUHARTY, Caroline Perris (Attachments: # 1 Declaration of Shalyn Fluharty, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration of Caroline Perris, # 8 Text of Proposed Order)(Davidoff, Amanda) (Entered: 06/01/2017)

June 1, 2017 PACER
3

NOTICE of Appearance by Amanda Flug Davidoff on behalf of All Plaintiffs (Davidoff, Amanda) (Entered: 06/01/2017)

June 1, 2017 PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Richard H. Klapper, :Firm- Sullivan & Cromwell LLP, :Address- 125 Broad Street, New York, New York 10004. Phone No. - (212) 558-4000. Fax No. - (212) 291-9083 Filing fee $ 100, receipt number 0090-4974640. Fee Status: Fee Paid. by Dilley Pro Bono Project, SHALYN FLUHARTY, Caroline Perris (Attachments: # 1 Declaration of Richard H. Klapper, # 2 Text of Proposed Order)(Davidoff, Amanda) (Entered: 06/01/2017)

June 1, 2017 PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Veronica W. Ip, :Firm- Sullivan & Cromwell LLP, :Address- 125 Broad Street, New York, New York 10004. Phone No. - (212) 558-4000. Filing fee $ 100, receipt number 0090-4974642. Fee Status: Fee Paid. by Dilley Pro Bono Project, SHALYN FLUHARTY, Caroline Perris (Attachments: # 1 Declaration of Veronica W. Ip, # 2 Text of Proposed Order)(Davidoff, Amanda) (Entered: 06/02/2017)

June 1, 2017 PACER

Case Assigned/Reassigned

June 2, 2017 PACER

Summons Not Issued

June 2, 2017 PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rebecca H. Scholtz, :Firm- Catholic Legal Immigration Network, Inc., :Address- University of St. Thomas Interprofessional Center, 30 S. 10th St., Minneapolis, MN 55403. Phone No. - (651) 962-4833. Filing fee $ 100, receipt number 0090-4974644. Fee Status: Fee Paid. by Dilley Pro Bono Project, SHALYN FLUHARTY, Caroline Perris (Attachments: # 1 Declaration of Rebecca Scholtz, # 2 Text of Proposed Order)(Davidoff, Amanda) (Entered: 06/02/2017)

June 2, 2017 PACER
7

SUMMONS (5) Issued Electronically as to DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Notice of Consent) (md) (Entered: 06/02/2017)

June 2, 2017 PACER
8

NOTICE of Appearance by Melissa E. Crow on behalf of All Plaintiffs (Crow, Melissa) (Entered: 06/05/2017)

June 5, 2017 PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 6/8/2017 (Attachments: # 1 Exhibit 1)(Davidoff, Amanda) (Entered: 06/09/2017)

June 9, 2017 PACER
10

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/7/2017 (Attachments: # 1 Exhibit 1)(Davidoff, Amanda) (Entered: 06/09/2017)

June 9, 2017 PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN F. KELLY served on 6/8/2017 (Attachments: # 1 Exhibit 1)(Davidoff, Amanda) (Entered: 06/09/2017)

June 9, 2017 PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS D. HOMAN served on 6/7/2017 (Attachments: # 1 Exhibit 1)(Davidoff, Amanda) (Entered: 06/09/2017)

June 9, 2017 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DANIEL A. BIBLE served on 6/7/2017 (Attachments: # 1 Exhibit 1)(Davidoff, Amanda) (Entered: 06/09/2017)

June 9, 2017 PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/05/2017. (Davidoff, Amanda) Modified on 6/12/2017 to correct service date (zrdj). (Entered: 06/09/2017)

June 9, 2017 PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2017. Answer due for ALL FEDERAL DEFENDANTS by 8/4/2017. (Davidoff, Amanda) Modified on 6/12/2017 to correct service and answer due date (zrdj). (Entered: 06/09/2017)

June 9, 2017 PACER
16

CERTIFICATE OF SERVICE by DILLEY PRO BONO PROJECT, SHALYN FLUHARTY, CAROLINE PERRIS re 2 MOTION for Preliminary Injunction . (Davidoff, Amanda) (Entered: 06/09/2017)

June 9, 2017 PACER
17

NOTICE of Appearance by Sarah B. Fabian on behalf of DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Fabian, Sarah) Modified on 6/15/2017 (zrdj). (Entered: 06/14/2017)

June 14, 2017 PACER
18

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Fabian, Sarah) (Entered: 06/14/2017)

June 14, 2017 PACER

Notice of QC

June 15, 2017 PACER
19

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction until June 30, 2017 by DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Fabian, Sarah) (Entered: 06/23/2017)

June 23, 2017 PACER

Order on Motion for Extension of Time to File Response/Reply

June 23, 2017 PACER

Order on Motion for Leave to Appear Pro Hac Vice

June 23, 2017 PACER

MINUTE ORDER granting 19 Motion for Extension of Time to File Response/Reply; finding as moot 18 Motion for Extension of Time to File Response/Reply. Defendants shall respond to Plaintiffs' Motion for a Preliminary Injunction on or before June 30, 2017. Signed by Judge Christopher R. Cooper on 6/23/2017. (lccrc3)

June 23, 2017 PACER

MINUTE ORDER granting 4 5 6 Motions for Leave to Appear Pro Hac Vice. Signed by Judge Christopher R. Cooper on 6/23/2017. (lccrc3)

June 23, 2017 PACER

Set/Reset Deadlines

June 27, 2017 PACER

Set/Reset Deadlines: Responses due by 6/30/2017 (lsj)

June 27, 2017 PACER
20

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Fabian, Sarah) (Entered: 06/30/2017)

June 30, 2017 PACER
21

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Fabian, Sarah) (Entered: 07/12/2017)

July 12, 2017 PACER

Order on Motion for Extension of Time to File Response/Reply

July 12, 2017 PACER

MINUTE ORDER finding as moot 20 Motion for Extension of Time to File Response/Reply and granting 21 Motion for Extension of Time to File Response/Reply: Defendant shall respond to Plaintiffs' motion for a preliminary injunction on or before July 21, 2017. Signed by Judge Christopher R. Cooper on 7/12/2017. (lccrc3)

July 12, 2017 PACER
22

Joint MOTION for Extension of Time to File Response/Reply as to 2 MOTION for Preliminary Injunction by DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Fabian, Sarah) (Entered: 07/21/2017)

July 21, 2017 PACER

Order on Motion for Extension of Time to File Response/Reply

July 24, 2017 PACER

MINUTE ORDER granting 22 Motion for Extension of Time to File Response/Reply: Defendants' deadline to respond to Plaintiffs' motion for a preliminary injunction is hereby extended to August 4, 2017. Signed by Judge Christopher R. Cooper on 7/24/2017. (lccrc3)

July 24, 2017 PACER

Set/Reset Deadlines

July 24, 2017 PACER

Set/Reset Deadlines: Defendant's Response due by 8/4/2017 (hs)

July 24, 2017 PACER
23

NOTICE of Appearance by Elianis N. Perez on behalf of All Defendants (Perez, Elianis) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
24

Joint MOTION for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction and Complaint by DANIEL A. BIBLE, THOMAS D. HOMAN, JOHN F. KELLY, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (Perez, Elianis) (Entered: 08/04/2017)

Aug. 4, 2017 PACER

Order on Motion for Extension of Time to

Aug. 8, 2017 PACER

MINUTE ORDER granting 24 Motion for Extension of Time. Defendants shall respond to Plaintiffs' Motion for Preliminary Injunction and Complaint by August 11, 2017. Signed by Judge Christopher R. Cooper on 08/08/2017. (lccrc3) Modified event title on 8/9/2017 (znmw).

Aug. 8, 2017 PACER

Set/Reset Deadlines

Aug. 8, 2017 PACER

Set/Reset Deadlines: Replies due by 8/11/2017. (lsj)

Aug. 8, 2017 PACER
25

NOTICE of Settlement by All Defendants (Perez, Elianis) (Entered: 08/11/2017)

Aug. 11, 2017 PACER

Order

Aug. 14, 2017 PACER

MINUTE ORDER: Upon consideration of the parties' Notice of Settlement, and for good cause shown, it is hereby ORDERED that all deadlines in this case be VACATED. The parties are directed to file the proper dismissal documents in a timely manner. Signed by Judge Christopher R. Cooper on 08/14/2017. (lccrc3)

Aug. 14, 2017 PACER
26

Joint MOTION for Order for Entry of Stipulation and Proposed Order Dismissing Case with Prejudice and Retaining Jurisdiction for the Purpose of Enforcing Settlement by DILLEY PRO BONO PROJECT, SHALYN FLUHARTY, CAROLINE PERRIS (Attachments: # 1 Exhibit A)(Davidoff, Amanda) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
27

ORDER granting 26 Motion for Order Dismissing Case With Prejudice and Retaining Jurisdiction for the Purpose of Enforcing Settlement. Signed by Judge Christopher R. Cooper on 08/16/2017. (lccrc3) (Entered: 08/16/2017)

Aug. 16, 2017 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: June 1, 2017

Closing Date: Feb. 15, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Dilley Pro Bono Project.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2017 - 2020

Issues

General:

Access to lawyers or judicial system

Counseling

Quality of representation

Type of Facility:

Non-government for profit

Immigration/Border:

Asylum - procedure

Constitutional rights

Deportation - procedure

Immigration lawyers