Case: Alasaad v. Duke

1:17-cv-11730 | U.S. District Court for the District of Massachusetts

Filed Date: Sept. 13, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 13, 2017 ten U.S. citizens and a lawful permanent resident filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the United States Customs and Border Protection (“CBP”) and the United States Immigration and Customs Enforcement (“ICE”) under 28 U.S.C. §2201 for a declaration that the defendants had violated their First and Fourth Amendment rights and to enjoin defendants from searching or confiscating electronic devices without probabl…

On September 13, 2017 ten U.S. citizens and a lawful permanent resident filed this lawsuit in the U.S. District Court for the District of Massachusetts. The plaintiffs sued the United States Customs and Border Protection (“CBP”) and the United States Immigration and Customs Enforcement (“ICE”) under 28 U.S.C. §2201 for a declaration that the defendants had violated their First and Fourth Amendment rights and to enjoin defendants from searching or confiscating electronic devices without probable cause and expunge all collected information from plaintiffs' devices. The plaintiffs alleged that the defendants seized and then searched their electronic devices, containing expressive content and associational content, at the United States border without a warrant demonstrating probable cause that these devices contained contraband or evidence of a violation of immigration or customs laws and without describing the information to be searched.

On December 15, 2017, the defendants filed a motion to dismiss for a lack of jurisdiction and failure to state a claim. On September 13, 2017, District Judge Denise J. Casper denied the motion to dismiss finding that plaintiffs had standing to sue and pled plausible Fourth and First Amendment claims.

On April 30, 2019, the plaintiffs filed a motion for summary judgment on all claims. On June 6, 2019, the defendants also filed a motion for summary judgment. On November 12, 2019, District Judge Denise J. Casper granted the plaintiffs' motion in part and denied the defendants' motion. On the plaintiffs' Fourth Amendment claims, Judge Casper denied the plaintiff's argument that a warrant was required to search their devices at the border, but Judge Casper found that the defendants' advanced searches of the plaintiffs' devices violated the Fourth Amendment because the policy would have required a reasonable suspicion that the devices contained contraband. Judge Casper also granted summary judgment for certain plaintiffs who argued that the government required probable cause for searches of devices kept by the defendants after the plaintiffs left the border. Judge Casper denied both parties' motions for summary judgment regarding plaintiff's First Amendment claims.

Both parties have appealed to the First Circuit in January 2020. The appeals were docketed as 20-01081 and 20-01077. The case is ongoing.

Summary Authors

Nichollas Dawson (3/5/2018)

Ashton Dubey (11/14/2019)

Chandler Hart-McGonigle (2/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6151669/parties/alasaad-v-duke/


Judge(s)

Casper, Denise Jefferson (Massachusetts)

Attorneys(s) for Plaintiff

Bhandari, Esha (New York)

Cope, Sophia Sabrina (California)

Handeyside, Hugh (New York)

Hussain, Saira (California)

Mackey, Aaron David (California)

Rossman, Jessie J. (Massachusetts)

Schwartz, Adam (California)

Segal, Matthew (Massachusetts)

Shapanka, Matthew S. (District of Columbia)

Judge(s)

Casper, Denise Jefferson (Massachusetts)

Attorneys(s) for Plaintiff

Bhandari, Esha (New York)

Cope, Sophia Sabrina (California)

Handeyside, Hugh (New York)

Hussain, Saira (California)

Mackey, Aaron David (California)

Rossman, Jessie J. (Massachusetts)

Schwartz, Adam (California)

Segal, Matthew (Massachusetts)

Shapanka, Matthew S. (District of Columbia)

Wessler, Nathan Freed (New York)

Attorneys(s) for Defendant

Balakrishna, Annapurna (Massachusetts)

Drezner, Michael Leon (District of Columbia)

Edney, Marsha S. (District of Columbia)

Griffiths, John R. (District of Columbia)

Kelleher, Diane (District of Columbia)

Other Attorney(s)

Nathanson, David J. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 15, 2020 Docket
1

Complaint for Injunctive and Declaratory Relief

Sept. 13, 2017 Complaint
7

Amended Complaint

Sept. 13, 2017 Complaint
34

Memorandum and Order

Alasaad v. Nielsen

2018 WL 2170323

May 9, 2018 Order/Opinion
109

Memorandum and Order

Alasaad v. Nielsen

419 F.Supp.3d 142

Nov. 12, 2019 Order/Opinion

Resources

Title Description External URL

Alasaad V. McAleenan: Challenge to Warrantless Phone and Laptop Searches at U.S. Border

ACLU

The American Civil Liberties Union, the Electronic Frontier Foundation, and the ACLU of Massachusetts have filed a lawsuit against the Department of Homeland Security on behalf of 11 travelers whose … Sept. 13, 2017 https://www.aclu.org/cases/alasaad-v-mcaleenan-challenge-warrantless-phone-and-laptop-searches-us-border

Alasaad v. Wolf (Formerly Alasaad v. McAleenan and Alasaad v. Duke)

ACLU

The ACLU of Massachusetts, the national ACLU, and the Electronic Frontier Foundation (EFF), filed a lawsuit against the Department of Homeland Security on behalf of 11 travelers whose smartphones and… May 10, 2018 https://www.aclum.org/en/cases/alasaad-v-duke#:~:text=Alasaad%20v.-,McAleenan%20(formerly%20Alasaad%20v,Duke)&text=The%20ACLU%20of%20Massachusetts%2C%20the,warrants%20at%20the%20U.S.%20border.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6151669/alasaad-v-duke/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-6792927 (Fee Status: Filing Fee paid), filed by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Additional Attorneys for Civil Cover Sheet, # 3 Exhibit Category Sheet)(Rossman, Jessie) (Entered: 09/13/2017)

1 Civil Cover Sheet

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2 Exhibit Additional Attorneys for Civil Cover Sheet

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3 Exhibit Category Sheet

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Sept. 13, 2017 RECAP
2

MOTION for Leave to Appear Pro Hac Vice for admission of Adam Schwartz, Sophia Cope, and Aaron Mackey Filing fee: $ 300, receipt number 0101-6793117 by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Affidavit Adam Schwartz, # 2 Affidavit Sophia Cope, # 3 Affidavit Aaron Mackey)(Rossman, Jessie) (Entered: 09/13/2017)

1 Affidavit Adam Schwartz

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2 Affidavit Sophia Cope

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3 Affidavit Aaron Mackey

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Sept. 13, 2017 PACER
3

MOTION for Leave to Appear Pro Hac Vice for admission of Esha Bhandari, Hugh Handeyside and Nathan Freed Wessler Filing fee: $ 300, receipt number 0101-6793523 by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Affidavit Esha Bhandari, # 2 Affidavit Hugh Handeyside, # 3 Affidavit Nathan Freed Wessler)(Rossman, Jessie) (Entered: 09/13/2017)

1 Affidavit Esha Bhandari

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2 Affidavit Hugh Handeyside

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3 Affidavit Nathan Freed Wessler

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Sept. 13, 2017 RECAP
4

ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (adminn, ) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
5

Summons Issued as to Elaine Duke, Thomas Homan, Kevin McAleenan. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Nici, Richard) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
6

NOTICE of Appearance by Matthew Segal on behalf of Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright (Segal, Matthew) (Entered: 09/13/2017)

Sept. 13, 2017 RECAP
7

AMENDED COMPLAINT against All Defendants, filed by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright.(Rossman, Jessie) (Entered: 09/13/2017)

Sept. 13, 2017 RECAP
8

NOTICE of Appearance by Annapurna Balakrishna on behalf of Elaine Duke, Thomas Homan, Kevin McAleenan (Balakrishna, Annapurna) (Entered: 09/21/2017)

Sept. 21, 2017 PACER
9

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 2, 3 Motions for Leave to Appear Pro Hac Vice Added Adam Schwartz, Sophia Cope, Aaron Mackey, Esha Bhandari, Hugh Handeyside, and Nathan Freed Wessler. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
13

SUMMONS Returned Executed by Kevin McAleenan, Thomas Homan, Elaine Duke. (Attachments: # 1 Kevin McAleenan Summons, # 2 Elaine Duke Summons)(adminn, ) Modified on 11/16/2017 (adminn, ). (Entered: 11/16/2017)

1 Kevin McAleenan Summons

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2 Elaine Duke Summons

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Oct. 20, 2017 PACER
10

NOTICE of Appearance by Michael Drezner on behalf of Elaine Duke, Thomas Homan, Kevin McAleenan (Drezner, Michael) (Entered: 10/25/2017)

Oct. 25, 2017 PACER
11

Joint MOTION for Entry of Briefing Schedule by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 10/27/2017)

1 Text of Proposed Order

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Oct. 27, 2017 PACER
12

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 11 Motion for Briefing Schedule. Defendants' responsive pleading to be filed by 12/15/17. Plaintiffs' to file their response by 1/26/18. Briefs not to exceed 30 pages. (Hourihan, Lisa) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
14

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Responses due by 12/29/2017) by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 12/15/2017)

Dec. 15, 2017 PACER
15

MEMORANDUM in Support re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elaine Duke, Thomas Homan, Kevin McAleenan. (Attachments: # 1 Exhibit A)(Drezner, Michael) (Entered: 12/15/2017)

1 Exhibit A

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Dec. 15, 2017 RECAP
16

Assented to MOTION to Modify Briefing Schedule by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Text of Proposed Order)(Schwartz, Adam) (Entered: 12/21/2017)

1 Text of Proposed Order

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Dec. 21, 2017 RECAP
17

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 16 Assented to Motion to Modify Briefing Schedule. Given until 2/2/2018 to file amicus briefs. (McKillop, Matthew) (Entered: 12/27/2017)

Dec. 27, 2017 PACER
18

Notice of Supplemental Authorities re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Drezner, Michael) (Entered: 01/09/2018)

1 Exhibit A

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2 Exhibit B

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Jan. 9, 2018 RECAP
19

MEMORANDUM in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Bhandari, Esha) (Entered: 01/26/2018)

Jan. 26, 2018 RECAP
20

Assented to MOTION for Leave to File Reply by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
21

Request for Oral Argument Letter/request (non-motion) from Plaintiffs . (Bhandari, Esha) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
22

Assented to MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss by Constitutional Accountability Center. (Attachments: # 1 Text of Proposed Order Proposed Order)(Nathanson, David) (Entered: 02/02/2018)

1 Text of Proposed Order Proposed Order

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Feb. 2, 2018 RECAP
23

MEMORANDUM of Amicus Curiae in Support of Plaintiff re 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Constitutional Accountability Center. (Nathanson, David) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
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NOTICE of Appearance by Matthew S. Shapanka on behalf of Brennan Center for Justice, Center for Democracy & Technology, R Street Institute, TechFreedom (Shapanka, Matthew) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
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AMICUS BRIEF filed by Brennan Center for Justice, Center for Democracy & Technology, R Street Institute, TechFreedom . (Shapanka, Matthew) (Entered: 02/02/2018)

Feb. 2, 2018 PACER
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AMICUS BRIEF filed by Knight First Amendment Institute at Columbia University, Reporters Committee for Freedom of the Press . (Albano, Jonathan) (Entered: 02/02/2018)

Feb. 2, 2018 RECAP
27

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 20 Motion for Leave to File Reply of not more than 15 pages by 3/2/18 by Elaine Duke, Thomas Homan, Kevin McAleenan. (Hourihan, Lisa) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
28

ELECTRONIC NOTICE Setting Hearing on Motion 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 3/16/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/15/2018)

Feb. 15, 2018 PACER
29

Assented to MOTION to Continue Hearing on Defendants' Motion to Dismiss by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 02/20/2018)

Feb. 20, 2018 PACER
30

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 29 Motion to Continue Hearing Date (Hourihan, Lisa) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
31

ELECTRONIC NOTICE Resetting Hearing on Motion 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 4/23/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
32

REPLY to Response to 14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elaine Duke, Thomas Homan, Kevin McAleenan. (Drezner, Michael) (Entered: 03/01/2018)

March 1, 2018 PACER
33

Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 4/23/2018 re 14 MOTION to Dismiss filed by Elaine Duke, Kevin McAleenan, Thomas Homan; Court heard arguments and took motion under advisement; if necessary a statement re recusal may be filed within two weeks. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Balakrishna, Bhandari, Drezner, Handeyside, Mackey, Schwartz, and Wessler) (Lovett, Jarrett) (Entered: 04/23/2018)

April 23, 2018 PACER
34

Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Defendants' motion to dismiss, D. 14.(Hourihan, Lisa) (Entered: 05/10/2018)

May 9, 2018 RECAP
35

Judge Denise J. Casper: ELECTRONIC ORDER entered. Defendants to file their answers by 5/25/18.(Hourihan, Lisa) (Entered: 05/10/2018)

May 10, 2018 PACER
36

NOTICE of Scheduling Conference Scheduling Conference set for 6/18/2018 03:45 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 05/10/2018)

May 10, 2018 PACER
37

Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 05/10/2018)

May 10, 2018 PACER
38

Transcript of Motion Hearing held on April 23, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018. (Scalfani, Deborah) (Entered: 05/21/2018)

May 21, 2018 PACER
39

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 05/21/2018)

May 21, 2018 PACER
40

Assented to MOTION for Extension of Time to June 1, 2018 to File Answer by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 05/23/2018)

May 23, 2018 PACER
41

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 40 Motion for Extension of Time to Answer re 7 Amended Complaint, Elaine Duke answer due 6/1/2018; Kevin McAleenan answer due 6/1/2018. (Hourihan, Lisa) (Entered: 05/24/2018)

May 24, 2018 PACER
42

ANSWER to 7 Amended Complaint, by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 06/01/2018)

June 1, 2018 PACER
43

CERTIFICATION pursuant to Local Rule 16.1 . (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
44

CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff Diane Maye. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
45

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Ghassan Alasaad. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
46

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Ismail Abdel-Rasoul. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
47

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Jeremie Dupin. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
48

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Matthew Wright. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
49

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Mohammed Akram Shibly. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
50

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Nadia Alasaad. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
51

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Sidd Bikkannavar. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
52

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Suhaib Allababidi. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
53

CERTIFICATION pursuant to Local Rule 16.1 for Plaintiff Zainab Merchant. (Bhandari, Esha) (Entered: 06/11/2018)

June 11, 2018 PACER
54

CERTIFICATION pursuant to Local Rule 16.1 . (Drezner, Michael) (Entered: 06/11/2018)

June 11, 2018 PACER
55

Joint MOTION to Stay Scheduling Conference and Extend Deadline to File Joint Statement by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 06/11/2018)

June 11, 2018 PACER
56

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 55 Motion to Continue Scheduling Conference. (Hourihan, Lisa) (Entered: 06/13/2018)

June 13, 2018 PACER
57

ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 7/16/2018 02:45 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 06/13/2018)

June 13, 2018 PACER
58

JOINT SUBMISSION pursuant to Local Rule 16.1 Joint Statement and Proposed Discovery Schedule by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright.(Bhandari, Esha) (Entered: 07/09/2018)

July 9, 2018 PACER
59

Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 7/16/2018. Court hears from counsel on their positions for the scheduling of the case. Court takes matter under advisement. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Adam Schwartz, Esha Bhandari and Sophia Cope for the plaintiffs. Michael Drezner for the defendants.) (Hourihan, Lisa) (Entered: 07/18/2018)

July 16, 2018 PACER
60

Judge Denise J. Casper: ELECTRONIC ORDER entered: Having considered the parties' joint statement and discussion with counsel at the recent initial scheduling conference, the Court ORDERS as follows:August 15, 2018: Deadline by which parties may continue to attempt to reach stipulations of fact.August 30, 2018: Deadline for the exchange of initial disclosures. No formal discovery requests shall be served before August 30th.December 30, 2018: Close of fact discovery concerning Defendants' policies and practices and Plaintiffs' standing. See D. 58 at 4.January 14. 2019: Status conference at 3:30 p.m.February 1, 2019: Deadline for Plaintiffs' motion for summary judgment.March 1, 2019: Deadline for Defendants' opposition/cross-motion for summary judgment. April 1, 2019: Deadline for Plaintiffs' opposition to Defendants' cross-motion for summary judgment/reply brief. (McKillop, Matthew) (Entered: 07/20/2018)

July 20, 2018 PACER
61

ELECTRONIC NOTICE of Hearing. Status Conference set for 1/14/2019 03:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 07/27/2018)

July 27, 2018 PACER
62

Joint MOTION for Extension of Time to August 30, 2018 to Attempt to Reach Stipulations of Fact by Elaine Duke, Thomas Homan, Kevin McAleenan. (Attachments: # 1 Text of Proposed Order)(Drezner, Michael) (Entered: 08/15/2018)

1 Text of Proposed Order

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Aug. 15, 2018 PACER
63

Transcript of Scheduling Conference held on July 16, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 9/7/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/15/2018. (Scalfani, Deborah) (Entered: 08/17/2018)

Aug. 17, 2018 RECAP
64

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 08/17/2018)

Aug. 17, 2018 PACER
65

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 62 Motion for Extension of Time to August 30, 2018 to Attempt to Reach Stipulations of Fact by Elaine Duke, Thomas Homan, Kevin McAleenan (Hourihan, Lisa) (Entered: 08/20/2018)

Aug. 20, 2018 PACER
66

Joint MOTION for Protective Order by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Text of Proposed Order Proposed Agreed Protective Order)(Wessler, Nathan) (Entered: 09/07/2018)

1 Text of Proposed Order Proposed Agreed Protective Order

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Sept. 7, 2018 RECAP
67

NOTICE of Appearance by Marsha S. Edney on behalf of Elaine Duke, Thomas Homan, Kevin McAleenan (Edney, Marsha) (Entered: 09/07/2018)

Sept. 7, 2018 PACER
68

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 66 Motion for Protective Order. (McKillop, Matthew) (Entered: 09/19/2018)

Sept. 18, 2018 PACER
69

Judge Denise J. Casper: ORDER entered. PROTECTIVE ORDER. (McKillop, Matthew) (Entered: 09/19/2018)

Sept. 18, 2018 RECAP
70

First MOTION for Extension of Time to January 31, 2019 to Complete Discovery by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright.(Handeyside, Hugh) (Entered: 12/06/2018)

Dec. 6, 2018 RECAP
71

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 70 Motion for Extension of Time to Complete Discovery. Fact discovery to be completed by 1/31/2019. Summary Judgment Motions to be filed by 3/1/2019. Opposition and Cross-Motion for Summary Judgment to be filed by 4/15/19. Plaintiffs' Opposition to Defendant's Cross-Motion for Summary Judgment and Reply to be filed by 5/15/19. Status Conference by telephone rescheduled to 2/14/19 at 2:30PM. Counsel to reach out to clerk for dial in instructions. Hearing on Cross-Motions for Summary Judgment set for 6/6/19 at 3:00PM. (Hourihan, Lisa) (Entered: 12/12/2018)

Dec. 12, 2018 PACER

Order on Motion for Extension of Time to Complete Discovery

Dec. 12, 2018 PACER
72

ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 2/14/2019 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 12/12/2018)

Dec. 12, 2018 PACER
73

ELECTRONIC NOTICE Setting Hearing on Cross-Motions for Summary Judgment. Motion Hearing set for 6/6/2019 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 12/12/2018)

Dec. 12, 2018 PACER
74

MOTION to Stay Discovery by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 01/02/2019)

Jan. 2, 2019 RECAP
75

Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 74 : Motion for stay allowed in part. Motion allowed for stay through 1/18/19 or whatever date the Department of Justice attorneys resume their usual civil litigation functions, whichever date is earlier. On or before 1/18/19, counsel to file status report or seek further stay if Department of Justice attorneys have not yet been able to resume their usual civil litigation functions. (McKillop, Matthew) (Entered: 01/04/2019)

Jan. 4, 2019 PACER
76

STATUS REPORT (Joint) by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Wessler, Nathan) (Entered: 01/18/2019)

Jan. 18, 2019 RECAP
77

ELECTRONIC ENDORSEMENT re 76 Status Report filed by Nadia Alasaad, Jeremie Dupin, Mohammed Akram Shibly, Aaron Gach, Ghassan Alasaad, Suhaib Allababidi, Matthew Wright, Diane Maye, Zainab Merchant, Sidd Bikkannavar, Ismail Abdel-Rasoul. Stay allowed in part to the following extent. Stay continued through 2/1/19 or whatever date the Department of Justice attorneys resume their usual civil litigation functions, whichever date is earlier. On or before 2/1/19, counsel to file status report or seek further stay if Department of Justice attorneys have not yet been able to resume their usual civil litigation functions. (Hourihan, Lisa) (Entered: 01/22/2019)

Jan. 22, 2019 PACER
78

NOTICE by Elaine Duke, Thomas Homan, Kevin McAleenan (Drezner, Michael) (Entered: 01/28/2019)

Jan. 28, 2019 RECAP
79

STATUS REPORT (Joint) by Elaine Duke, Thomas Homan, Kevin McAleenan. (Drezner, Michael) (Entered: 02/01/2019)

Feb. 1, 2019 RECAP
80

ELECTRONIC ENDORSEMENT re 79 Status Report filed by Elaine Duke, Kevin McAleenan, Thomas Homan. Court adopts the schedule outlined in D. 79. Fact discovery to be completed by 3/22/19. Plaintiffs' motion for summary judgment to be filed by 4/30/19. Defendants' cross motion for summary judgment to be filed by 6/6/19. Plaintiffs' reply brief to be filed by 7/3/19 not to exceed 15 pages. Hearing set for 7/18/19 at 3:00PM. Status Conference set for 4/11/19 at 2:00PM. (Hourihan, Lisa) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
81

ELECTRONIC NOTICE Resetting Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 7/18/2019 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
82

ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 4/11/2019 02:00 PM in Courtroom 11 before Judge Denise J. Casper. If counsel wish to participate by telephone, they should call the clerk for dial in instructions.(Hourihan, Lisa) (Entered: 02/05/2019)

Feb. 5, 2019 PACER
83

ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 4/9/2019 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/06/2019)

March 6, 2019 PACER
84

Joint MOTION for Leave to File Excess Pages and Defendants' Unopposed Motion for Leave to File Reply by Elaine Duke, Thomas Homan, Kevin McAleenan.(Drezner, Michael) (Entered: 04/03/2019)

April 3, 2019 RECAP
85

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 84 Motion for Leave to File Excess Pages. Summary judgment memoranda not to exceed 30 pages. Reply brief not to exceed 15 pages. (Hourihan, Lisa) (Entered: 04/04/2019)

April 4, 2019 PACER

Order on Motion for Leave to File Excess Pages

April 4, 2019 PACER
86

MOTION for Leave to Appear Pro Hac Vice for admission of Saira Hussain Filing fee: $ 100, receipt number 0101-7628235 by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Declaration in Support)(Rossman, Jessie) (Entered: 04/09/2019)

1 Declaration in Support

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April 9, 2019 PACER
88

Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/9/2019. Summary Judgment Motions to be filed by 4/30/19. The Court amends D. 80 to allow defendants to file reply brief not to exceed 15 pages by 7/15/19. Plaintiff to file notice of change of name of one of the plaintiffs. If counsel have suggestions for sequence of oral argument for the 7/18/19 hearing, they can file notice with the Court by 7/11/19. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Esha Bhandari and Michael Drezner.) (Hourihan, Lisa) (Entered: 04/10/2019)

April 9, 2019 PACER
87

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 86 Motion for Leave to Appear Pro Hac Vice Added Saira Hussain. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) (Entered: 04/10/2019)

April 10, 2019 PACER

Order on Motion for Leave to Appear

April 10, 2019 PACER
89

NOTICE of Agreed Name Change in Caption by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar et al. (Hussain, Saira) (Entered: 04/11/2019)

April 11, 2019 RECAP
90

MOTION for Summary Judgment by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye Zorri, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Memorandum ISO MSJ, # 2 Statement of Undisputed Material Facts ISO MSJ)(Bhandari, Esha) (Entered: 04/30/2019)

1 Memorandum ISO MSJ

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2 Statement of Undisputed Material Facts ISO MSJ

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April 30, 2019 RECAP
91

APPENDIX/EXHIBIT re 90 MOTION for Summary Judgment by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye Zorri, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20, # 20 Exhibit 21, # 21 Exhibit 22, # 22 Exhibit 23, # 23 Exhibit 24, # 24 Exhibit 25, # 25 Exhibit 26, # 26 Exhibit 27, # 27 Exhibit 28, # 28 Exhibit 29, # 29 Exhibit 30, # 30 Exhibit 31, # 31 Exhibit 32, # 32 Exhibit 33, # 33 Exhibit 34, # 34 Exhibit 35, # 35 Exhibit 36, # 36 Exhibit 37, # 37 Exhibit 38, # 38 Exhibit 39, # 39 Exhibit 40, # 40 Exhibit 41, # 41 Exhibit 42, # 42 Exhibit 43, # 43 Exhibit 44, # 44 Exhibit 45, # 45 Exhibit 46)(Bhandari, Esha) (Entered: 04/30/2019)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 4

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4 Exhibit 5

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5 Exhibit 6

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6 Exhibit 7

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7 Exhibit 8

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8 Exhibit 9

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9 Exhibit 10

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10 Exhibit 11

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11 Exhibit 12

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12 Exhibit 13

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13 Exhibit 14

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14 Exhibit 15

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15 Exhibit 16

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16 Exhibit 17

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17 Exhibit 18

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18 Exhibit 19

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21 Exhibit 22

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22 Exhibit 23

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23 Exhibit 24

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24 Exhibit 25

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25 Exhibit 26

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26 Exhibit 27

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27 Exhibit 28

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28 Exhibit 29

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29 Exhibit 30

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30 Exhibit 31

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31 Exhibit 32

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34 Exhibit 35

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42 Exhibit 43

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43 Exhibit 44

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44 Exhibit 45

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45 Exhibit 46

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April 30, 2019 RECAP
92

Assented to MOTION to Seal Exhibit #47 ISO MSJ by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye Zorri, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright.(Bhandari, Esha) (Entered: 04/30/2019)

April 30, 2019 RECAP
93

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 92 Motion to Seal Exhibit #47 in support of Motion for Summary Judgment by Ismail Abdel-Rasoul, Ghassan Alasaad, Nadia Alasaad, Suhaib Allababidi, Sidd Bikkannavar, Jeremie Dupin, Aaron Gach, Diane Maye Zorri, Zainab Merchant, Mohammed Akram Shibly, Matthew Wright (Hourihan, Lisa) (Entered: 05/01/2019)

May 1, 2019 PACER

Order on Motion to Seal

May 1, 2019 PACER
95

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 90 MOTION for Summary Judgment by Jessie J. Rossman on behalf of All Plaintiffs. (Rossman, Jessie) (Entered: 05/01/2019)

May 1, 2019 PACER
96

Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by Elaine Duke, Thomas Homan, Kevin McAleenan. (Attachments: # 1 Text of Proposed Order)(Edney, Marsha) (Entered: 06/06/2019)

1 Text of Proposed Order

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June 6, 2019 RECAP
97

MEMORANDUM in Support re 96 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Elaine Duke, Thomas Homan, Kevin McAleenan. (Edney, Marsha) (Entered: 06/06/2019)

June 6, 2019 RECAP

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 13, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ten United States citizens and one permanent resident, all of whom have had electronic devices seized at the United States border.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Brennan Center for Justice

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the Department of Homeland Security, Federal

Commissioner of US Customs and Border Protection, Federal

Director of US Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Search policies

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - procedures