Case: Chhoeun v. Marin

8:17-cv-01898 | U.S. District Court for the Central District of California

Filed Date: Oct. 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

Two refugees whose families fled Cambodia in the 1970s filed this class action lawsuit, challenging U.S. Immigration and Customs Enforcement (ICE) for arbitrarily and unlawfully detaining them. The plaintiffs represented other Cambodian refugees living in the U.S. since escaping the violence of the Khmer Rouge regime. The plaintiffs argued that ICE violated the Immigration and Nationality Act (INA) by unlawfully revoking their release from its custody and detaining them when removal was not rea…

Two refugees whose families fled Cambodia in the 1970s filed this class action lawsuit, challenging U.S. Immigration and Customs Enforcement (ICE) for arbitrarily and unlawfully detaining them. The plaintiffs represented other Cambodian refugees living in the U.S. since escaping the violence of the Khmer Rouge regime. The plaintiffs argued that ICE violated the Immigration and Nationality Act (INA) by unlawfully revoking their release from its custody and detaining them when removal was not reasonably foreseeable and without individualized determinations of danger and flight risk. The plaintiffs sought habeas, declaratory, and injunctive relief. Represented by Asian Americans Advancing Justice and a private law firm, the plaintiffs filed this case on October 27, 2017, in the U.S. District Court for the Central District of California.

The complaint sought to declare a class of approximately 1,900 individuals. The plaintiffs stated that all class members escaped the Khmer Rouge regime and its "campaign of mass murder and torture" in Cambodia in the 1970s when they were young children. They had lived in the United States ever since, growing up "in communities in crisis...struggl[ing] with unaddressed trauma, poverty, and violence-ridden neighborhoods, with almost no culturally competent resources to address their needs." Class members "made mistakes in their youth," which led to involvement in the criminal justice system, loss of their Lawful Permanent Resident (LPR) status, and removal proceedings. However, ICE subsequently released the class members after Cambodia disallowed repatriation. ICE allowed the class members to return to their communities but required them to regularly report back to demonstrate they were complying with the conditions of their release. Many of these class members established families in the U.S.

The complaint stated that, as of October 2016, Cambodia suspended a 2002 repatriation agreement with the U.S. A year later, following a U.S. government freeze on further tourist visas to Cambodians until Cambodia agreed to aid the U.S. in removing Cambodian refugees, ICE began raiding Cambodian refugee homes and workplaces. The plaintiffs asserted that ICE conducted these raids "without cause and without providing procedural protections required by law . . . [and] without any evidence that Cambodia would now accept their repatriation." Further, the plaintiffs argued that they "received no adequate explanation of the reasons for detention, no opportunity to be heard regarding any purported reasons for detention, and no individualized consideration before a neutral decisionmaker regarding whether they pose a danger or flight risk that could warrant detention."

On October 30, the case was assigned to Judge Cormac J. Carney.

On December 12, the plaintiffs filed an amended complaint. They also filed for a temporary restraining order (TRO) as to the removal of plaintiffs scheduled to begin on December 18, arguing that because they only had learned that removal proceedings were to commence on December 7, they needed the TRO so that they could have an opportunity to reopen and challenge their orders of removal. These documents are not publicly available.

Judge Carney granted the TRO on December 14. While the amended complaint is not publicly available, it appears that the complaint sought to define a class "on behalf of approximately 1,900 individuals who received orders of removal to Cambodia but were subsequently released from custody and have since been living in the United States."

Judge Carney granted a preliminary injunction on January 25, 2018. 306 F. Supp. 3d 1147 (C.D. Cal. 2018). He enjoined the government from executing final removal orders as to the plaintiffs and a subclass of 92 putative class members who received or were being considered for travel papers. The injunction prevented final removal orders until February 5, 2018. Judge Carney held that denying an injunction "amounts to a denial of due process" because while removal orders for many of the plaintiffs have been dormant for over a decade, "[c]ircumstances have changed in the interim that may allow Petitioners to raise serious questions regarding the validity of their underlying convictions and removal orders."

On February 8, the government moved to dismiss the case; the plaintiffs responded on March 2, and the government replied on March 12.

On February 23, the plaintiffs moved to relate this case to Trinh v. Homan, a case challenging ICE's detention of Vietnamese refugees stripped of their LPR status due to criminal convictions. On March 14, Judge Carney granted plaintiffs' motion to relate the cases.

On March 19, the plaintiffs moved for another preliminary injunction and class certification. Meanwhile, the defendants appealed Judge Carney's January 25 preliminary injunction to the Ninth Circuit, which opened a new docket (No. 18-55389).

After a March 26 hearing, Judge Carney denied the government's motion to dismiss, and granted the plaintiffs' habeas claim. 2018 WL 1941756 (C.D. Cal.). First, Judge Carney held that the Court had jurisdiction over the habeas petition and due process claim, because plaintiffs challenged not the removal order itself but the legality of the detention. Judge Carney then ordered plaintiff released from ICE custody, finding his arrest, detention, and threatened deportation unlawful.

Judge Carney wrote:

Chhoeun poses no danger to the community. Prior to ICE’s wrongful re-detention of him, he was living peaceably in the community for the past fourteen years. He was gainfully employed. He had built strong ties to his family and his community. The Government simply had no justification to take away, without due process, Chhoeun’s liberty to carry out his life. . . . The Government’s argument [that an person subject to an order of removal lacks due process rights] trivializes, indeed ignores, fundamental principles of liberty and due process embedded in our Constitution. . . . And due process demands that the Government consider the totality of an individual’s circumstances before taking away his or her liberty. Ragbir v. Sessions. . . . The Government’s position, which would do away with any individualized consideration before taking away someone’s liberty, is repugnant to due process.

On April 12, Judge Carney rejected the proposed class definition because a class consisting of 13 members was not numerous enough.

On May 11, 2018, certain defendants moved for dismissal for lack of jurisdiction. On June 4, 2018, Judge Carney denied the motion without prejudice. On May 24, 2018, the government appealed the March 26 order denying their motion to dismiss.

On July 2, 2018, the plaintiffs again moved to certify the class, which the district court approved on August 14, 2018. Judge Carney certified the following class: "All Cambodian nationals in the United States who received final orders of deportation or removal, and were subsequently released from ICE custody, and have not subsequently violated any criminal laws or conditions of their release, and have been or may be re-detained for removal by ICE."

Back at the Ninth Circuit, on December 7, 2018, the government moved to voluntarily dismiss their March 23 appeal of Judge Carney’s preliminary injunction. Voluntary dismissal of this appeal was granted on December 11, 2018. 2018 Us App Lexis 34850 (9th Cir. Dec. 11, 2018).

On December 31, 2018, the plaintiffs moved for a temporary restraining order, enjoining the government from re-detaining any class member without notice. The plaintiffs alleged that the government had conducted two raids since the raid involving the plaintiffs, detaining many class members in the process. They had received credible information suggesting that another raid was forthcoming and had requested the government to provide class members with notice, which it refused to do without a court order. Judge Carney granted the TRO on January 3, 2019, requiring the government to give at least fourteen days’ notice before re-detaining any class member. Judge Carney also ordered the government to show cause as to why a preliminary injunction should not issue in light of the TRO.

The government then successfully requested an extended period of time to file its opening brief in its second appeal, that of Judge Carney’s March 26 denial of the government’s motion to dismiss. However, shortly thereafter, the government similarly moved to voluntarily dismiss this appeal. The Ninth Circuit granted that dismissal. 2019 Us App Lexis 9447 (9th Cir. Mar. 29, 2019).

Back in the district court, on April 10, 2019, Judge Carney vacated the order to show cause in light of the parties’ stipulation. He ordered the parties to make a good faith effort to settle the case before proceeding with their respective motions for summary judgment, but set a briefing schedule in the event that they do not. Deadlines for briefing were set for September through November of 2019. To effectuate a settlement, the court assigned a mediator on October 15, 2019.

However, the parties did not reach a settlement and proceeded to summary judgment. The plaintiffs filed a motion for summary judgment on October 23, 2019. The defendants likewise filed a cross-motion for summary judgment on January 9, 2020. On March 4, 2020, the court granted the plaintiffs' motion for summary judgment and denied defendants' cross-motion for summary judgment. 442 F. Supp. 3d 1233. The court reasoned that the plaintiffs held a compelling liberty interest in remaining in the United States where they had lives and families; that there would be a high risk of erroneous deprivation of that liberty interest and thus a high value in giving notice to the potential detainee; and that there were few burdens or interests that supported not giving notice before re-detaining the plaintiffs. Thus, the court concluded that notice was fundamental to protecting the plaintiffs' due process rights.

The court on March 20, 2020, ordered the parties to file a joint permanent injunction proposal. On April 27, 2020, the court entered a judgment in favor of the plaintiffs and further ordered a permanent injunction that enjoined ICE from re-detaining any member of the class without first giving two weeks' written notice.

The defendants appealed the district court's ruling on summary judgment and its order for a permanent injunction to the Ninth Circuit, docket number 20-55665, on June 25, 2020. As of April 16, 2021, the parties have engaged in mediation within the Ninth Circuit.

Summary Authors

Virginia Weeks (11/4/2017)

Virginia Weeks (8/26/2018)

Ava Morgenstern (4/21/2018)

Alexandra Gilewicz (4/23/2019)

Related Cases

Trinh v. Homan, Central District of California (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6284863/parties/nak-kim-chhoeun-v-david-marin/


Judge(s)

Bashant, Cynthia Ann (California)

Berzon, Marsha Siegel (California)

Bress, Daniel Aaron None (California)

Carney, Cormac J. (California)

Standish, Gail J. (California)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Cho, Darlene M. (California)

Commons, Sean A. (California)

Gelernt, Lee (New York)

Hoq, Laboni Amena (California)

Judge(s)

Bashant, Cynthia Ann (California)

Berzon, Marsha Siegel (California)

Bress, Daniel Aaron None (California)

Carney, Cormac J. (California)

Standish, Gail J. (California)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Cho, Darlene M. (California)

Commons, Sean A. (California)

Gelernt, Lee (New York)

Hoq, Laboni Amena (California)

Igra, Naomi Ariel (California)

Kao, Winifred (California)

Kim, Melanie Chun-Yu (California)

Lapinig, Christopher M. (California)

Lo, Kevin Chun Hoi (California)

Makabali, Angela C. (California)

Mallow, Michael L. (California)

Ochi, Nicole K. (California)

Prasad, Anoop (California)

Rowe, Katelyn N. (California)

Zhao, Jingni (California)

Attorneys(s) for Defendant

Carilli, Joseph F. Jr. (District of Columbia)

Kurz, Julian (District of Columbia)

Liggett, Troy D. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 6, 2020 Docket
1

Habeas Corpus Class Action Petition and Class Action Complaint For Injunctive and Declaratory Relief

Oct. 27, 2017 Complaint
32

Order Granting Petitioners' Application for a Temporary Restraining Order

Chhoeun and Mony v. Marin

Dec. 14, 2017 Order/Opinion
74

Order Granting Preliminary Injunction

306 F.Supp.3d 1147

Jan. 25, 2018 Order/Opinion
91

Order Overuling Respondents’ Objection to Notice of Related Case

March 14, 2018 Order/Opinion
104

Order Denying the Government's Motion to Dismiss and Granting Relief on Unlawful Detention Claims

2018 WL 1941756

March 26, 2018 Order/Opinion
118

Order Discharging Order to Show Cause

2018 WL 1831789

April 12, 2018 Order/Opinion
149

Order Granting in Substantial Part Petitioners' Motion for Class Certification

2018 WL 6265014

Aug. 14, 2018 Order/Opinion
319

Order Granting Petitioners Motion for Summary Judgment and Denying Respondents' Cross-Motion for Summary Judgment

442 F.Supp.3d 1233

March 4, 2020 Order/Opinion
84

Opinion

Al Otro Lado v. Wolf

U. S. Court of Appeals for the Ninth Circuit

952 F.3d 999

March 5, 2020 Order/Opinion

Resources

Title Description External URL

Civil Rights Advocates File Lawsuit to Stop ICE Raids on Cambodian Refugees

Asian Americans Advancing Justice

LOS ANGELES - Cambodian refugees detained in recent raids by Immigration and Customs Enforcement (ICE) have filed a nationwide class action lawsuit challenging their unlawful arrests. Since early Oct… Nov. 1, 2017 https://www.advancingjustice-la.org/media-and-publications/press-releases/civil-rights-advocates-file-lawsuit-stop-ice-raids-cambodian#.Wn-TdoJG2U0

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6284863/nak-kim-chhoeun-v-david-marin/

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

ECF Number Description Date Link
1

Complaint (Attorney Civil Case Opening)

Oct. 27, 2017 PACER
2

Civil Cover Sheet (CV-71)

Oct. 27, 2017 PACER
3

Certificate/Notice of Interested Parties

Oct. 27, 2017 PACER
4

Summons Request

Oct. 27, 2017 PACER
5

Summons Request

Oct. 27, 2017 PACER
6

Summons Request

Oct. 27, 2017 PACER
7

Summons Request

Oct. 27, 2017 PACER
8

Summons Request

Oct. 27, 2017 PACER
9

Summons Request

Oct. 27, 2017 PACER
10

Summons Request

Oct. 27, 2017 PACER
11

NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Gail J. Standish. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
12

60 DAY Summons issued re Complaint 1 as to defendant Elaine C. Duke. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
13

60 DAY Summons issued re Complaint 1 as to defendant Thomas D. Homan. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
14

21 DAY Summons issued re Complaint 1 as to defendant Sandra Hutchens. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
15

21 DAY Summons issued re Complaint 1 as to defendant Scott R. Jones. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
16

60 DAY Summons issued re Complaint 1 as to defendant David W. Jennings. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
17

60 DAY Summons issued re Complaint 1 as to defendant David Marin. (esa) (Main Document 17 replaced on 10/30/2017) (esa). (Entered: 10/30/2017)

Oct. 30, 2017 PACER
18

60 DAY Summons issued re Complaint 1 as to defendant Jefferson B. Sessions, III. (esa) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
19

PROOF OF SERVICE filed by Petitioners Nak Kim Chhoeun, Mony Neth, re Civil Cover Sheet (CV-71) 2, Summons Issued (Attorney Civil Case Opening) 16, Summons Issued (Attorney Civil Case Opening) 13, Notice of Assignment to United States Judges(CV-18) - optional html form 11, Summons Issued (Attorney Civil Case Opening) 18, Summons Issued (Attorney Civil Case Opening) 17, Certificate/Notice of Interested Parties 3, Complaint (Attorney Civil Case Opening) 1, Summons Issued (Attorney Civil Case Opening) 12 served on 11/07/2017. (Cho, Darlene) (Entered: 11/08/2017)

Nov. 8, 2017 RECAP
20

SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nak Kim Chhoeun, Mony Neth, upon Sheriff of Sacramento County Scott R. Jones served on 11/9/2017, answer due 11/30/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Cho, Darlene) (Entered: 11/09/2017)

Nov. 9, 2017 PACER
21

SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Nak Kim Chhoeun, Mony Neth, upon Defendant Sandra Hutchens served on 11/7/2017, answer due 11/28/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. Service by substitute service and by mail (Cho, Darlene) (Entered: 11/10/2017)

Nov. 10, 2017 PACER
22

NOTICE of Appearance filed by attorney Troy D Liggett on behalf of Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III (Attorney Troy D Liggett added to party Elaine C. Duke(pty:res), Attorney Troy D Liggett added to party Thomas D. Homan(pty:res), Attorney Troy D Liggett added to party Sandra Hutchens(pty:res), Attorney Troy D Liggett added to party David W. Jennings(pty:res), Attorney Troy D Liggett added to party Scott R. Jones(pty:res), Attorney Troy D Liggett added to party David Marin(pty:res), Attorney Troy D Liggett added to party Jefferson B. Sessions, III(pty:res))(Liggett, Troy) (Entered: 11/16/2017)

Nov. 16, 2017 PACER
23

Joint STIPULATION for Extension of Time to File Answer to January 8, 2018 re Complaint (Attorney Civil Case Opening) 1 filed by defendants Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Proposed Order)(Liggett, Troy) (Entered: 11/24/2017)

Nov. 24, 2017 PACER
24

ORDER by Judge Cormac J. Carney, Granting Stipulation to Extend Time to Answer (More than 30 days), 23 . The deadline for Respondents Sandra Hutchens, Sheriff of Orange County, and Scott R. Jones, Sheriff of Sacramento County, to respond to the Complaint is extended to January 8, 2018. (twdb) (Entered: 11/27/2017)

Nov. 27, 2017 RECAP
25

Joint STIPULATION to Vacate the L.R. 23-3 Automatic 90-day Deadline for Petitioners' Motion for Class Certification filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Vacate the L.R. 23-3 Automatic 90-day Deadline for Petitioners' Motion for Class Certification)(Cho, Darlene) (Entered: 12/07/2017)

Dec. 7, 2017 PACER
26

ORDER Granting Joint Stipulation to Vacate the L.R. 23-3 Automatic 90-Day Deadline for Petitioner's Motion for Class Certification 25 by Judge Cormac J. Carney: Good cause having been shown, IT IS HEREBY ORDERED that: Petitioners' ninety (90) day deadline to file their Motion for Class Certification, as set forth in Rule 23-3 of the Local Rules of the United States District Court, for the the Central District of California, is vacated. The Parties shall address a class certification schedule as part of the Joint 26(f) Report.* (lwag) (Entered: 12/12/2017)

Dec. 11, 2017 PACER
27

First AMENDED COMPLAINT against Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III amending Complaint (Attorney Civil Case Opening) 1, filed by Petitioners Nak Kim Chhoeun, Mony Neth(Cho, Darlene) (Entered: 12/12/2017)

Dec. 12, 2017 PACER
28

APPLICATION for Temporary Restraining Order as to Removal of Petitioners from United States to begin on Monday, December 18th, at approximately 12:30 p.m. and Memorandum of Points and Authorities in Support Thereof filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Declaration of Jessica Castellanos, # 2 Declaration of Nak Kim Chhoeun, # 3 Declaration of Holly Cooper, # 4 Declaration of Kalvin Heng, # 5 Declaration of Bill Ong Hing, # 6 Declaration of Matthew Hoppock, # 7 Declaration of Phounsavath Khamvongsa, # 8 Declaration of Rottanak Kong, # 9 Declaration of Mony Neth, # 10 Declaration of Sophea Om, # 11 Declaration of Selest Phlek, # 12 Declaration of Anoop Prasad, # 13 Exhibit A to Declaration of Anoop Prasad, # 14 Exhibit B to Declaration of Anoop Prasad, # 15 Declaration of Trina A. Realmuto, # 16 Declaration of Martha Ruch, # 17 Declaration of Rita Wages, # 18 Declaration of Sareang Ye, # 19 Redacted Declaration No. 1, # 20 Redacted Declaration No. 2, # 21 Proposed Order Temporary Restraining Order) (Cho, Darlene) (Entered: 12/12/2017)

Dec. 12, 2017 PACER
29

MEMORANDUM of Points and Authorities in Opposition filed by respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. Re: APPLICATION for Temporary Restraining Order as to Removal of Petitioners from United States to begin on Monday, December 18th, at approximately 12:30 p.m. and Memorandum of Points and Authorities in Support Thereof 28 (Attachments: # 1 Exhibit Ex B - Chhoeun Removal Order, # 2 Exhibit Ex C - Neth Removal Order, # 3 Exhibit Ex D - Neth Motion to Reopen, # 4 Exhibit Ex E - Neth Motion to Stay Removal, # 5 Exhibit Ex F - Memorandum of Understanding)(Liggett, Troy) (Entered: 12/14/2017)

Dec. 14, 2017 PACER
30

NOTICE of Manual Filing filed by Petitioners Nak Kim Chhoeun, Mony Neth of REDACTED DECLARATION NO. 1 [ECF NO. 28-19] [UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL]. (Cho, Darlene) (Entered: 12/14/2017)

Dec. 14, 2017 PACER
31

NOTICE of Manual Filing filed by Petitioners Nak Kim Chhoeun, Mony Neth of REDACTED DECLARATION NO. 2 [ECF NO. 28-20] [UNREDACTED VERSION OF DOCUMENT PROPOSED TO BE FILED UNDER SEAL]. (Cho, Darlene) (Entered: 12/14/2017)

Dec. 14, 2017 PACER
32

ORDER by Judge Cormac J. Carney: granting 28 Petitioners' APPLICATION for TRO. A hearing on the Order to Show Cause shall proceed in the United States Courthouse located at 411 West Fourth Street, Santa Ana, California, 92701, Courtroom 9B, on Thursday, January 11, 2018, at 9:00 a.m. Respondents shall file and serve an opposition to the Courts Order on or before December 28, 2017. Petitioners shall file and serve any papers in reply on or before January 4, 2018. See Order for more information. (twdb) (Entered: 12/14/2017)

Dec. 14, 2017 PACER
33

NOTICE of Filing Corrected Brief filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Corrected Brief, # 2 Declaration Ex A - Schultz Declaration, # 3 Exhibit Ex B - Chhoeun Removal Order, # 4 Exhibit Ex C - Neth Removal Order, # 5 Exhibit Ex D - Neth Motion to Reopen, # 6 Exhibit Ex E - Neth Motion to Stay Removal, # 7 Exhibit Ex F - Memorandum of Understanding)(Liggett, Troy) (Entered: 12/14/2017)

Dec. 14, 2017 PACER
34

APPLICATION to file document For Leave to File Redacted Declaration No. 1 [ECF No. 28-19] and Redacted Declaration No. 2 [ECF No. 28-20] under seal filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Declaration of Darlene M. Cho, # 2 Proposed Order Granting Petitioners' Application for Leave to File Redacted Declaration No. 1 [ECF No. 28-19] and Redacted Declaration No. 2 [ECF No. 28-20] Under Seal)(Cho, Darlene) (Entered: 12/15/2017)

1 Declaration of Darlene M. Cho

View on RECAP

2 Proposed Order Granting Petitioners' Application for Leave to File Redacted

View on RECAP

Dec. 15, 2017 RECAP
35

ORDER by Judge Cormac J. Carney: granting 34 Petitioner's APPLICATION to File Redacted Declaration No.1 [ECF No. 28-19] and Redacted Declaration No. 2 [ECF No. 28-20] Under Seal. (twdb) (Entered: 12/18/2017)

Dec. 18, 2017 RECAP
36

STIPULATION for Extension of Time to File Response as to Order on Motion for Temporary Restraining Order,, 32, STIPULATION to Continue Hearing on Order to Show Cause from January 11, 2018 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Declaration in Support of Stipulation, # 2 Proposed Order)(Liggett, Troy) (Entered: 12/20/2017)

Dec. 20, 2017 PACER
37

ORDER by Judge Cormac J. Carney, The Court GRANTS the Stipulation for Order Extending Time to Respond to Order to Show Cause (ECF No. 36). The deadline for Respondents to respond to the Courts December 14, 2017 Order to Show Cause (ECF No. 32) is extended from December 28, 2017, to January 11, 2018. Petitioners shall file and serve any papers in reply on or before January 18, 2018. A hearing on the Order to show Cause shall proceed in the United States Courthouse located at 411 West Fourth Street, Santa Ana, California, 92701, Courtroom 9B, on Thursday, January 25, 2018, at 9:00 a.m. (es) (Entered: 12/21/2017)

Dec. 21, 2017 PACER
38

STIPULATION to Dismiss respondents Scott R. Jones, Sandra Hutchens filed by respondents Elaine C. Duke, David Marin, Jefferson B. Sessions, III, Scott R. Jones, Sandra Hutchens, David W. Jennings, Thomas D. Homan.(Liggett, Troy) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
39

STIPULATION for Extension of Time to File Responsive Pleading to First Amended Complaint filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Proposed Order)(Liggett, Troy) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
40

ORDER 39 by Judge Cormac J. Carney: Having considered the Stipulation to Extend Time to Respond to First Amended Complaint (ECF No. 39), the Court GRANTS the requested extension. The deadline for Respondents to file a response to the First Amended Complaint is extended to fourteen (14) days after the Court enters a decision on the order to show cause on preliminary junctive relief set out in the Courts December 14, 2017 Order (ECF No. 32). (lwag) (Entered: 01/05/2018)

Jan. 5, 2018 PACER
42

MOTION to Withdraw From Civil Action filed by petitioner Thelh Keth. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
43

MOTION to Withdraw From Civil Action filed by petitioner Lok Lim. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
44

MOTION to Withdraw From Civil Action filed by petitioner Thy Vann. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
45

MOTION to Withdraw From Civil Action filed by petitioner Khun Sum. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
46

MOTION to Withdraw From Civil Action filed by petitioner Saloeun Chea. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
47

MOTION to Withdraw From Civil Action filed by petitioner Tith Tang. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
48

MOTION to Withdraw From Civil Action filed by petitioner Sokhan Khim. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
49

MOTION to Withdraw From Civil Action filed by petitioner Ang Thoeun. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
50

MOTION to Withdraw From Civil Action filed by petitioner Norit Chin. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
51

MOTION to Withdraw From Civil Action filed by petitioner Soka Dos. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
52

MOTION to Withdraw From Civil Action filed by petitioner Kheang Lor. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
53

MOTION to Withdraw From Civil Action filed by petitioner Bunchoeurn Hy. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
54

MOTION to Withdraw From Civil Action filed by petitioner Dala Loav. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
55

MOTION to Withdraw From Civil Action filed by petitioner Pech Kha. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
56

MOTION to Withdraw From Civil Action filed by petitioner Thy Chann. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
57

MOTION to Withdraw From Civil Action filed by petitioner Tol Pech. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
58

MOTION to Withdraw From Civil Action filed by petitioner Nhoueth Nhim. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
59

MOTION to Withdraw From Civil Action filed by petitioner Samanang Yin. (es) (Entered: 01/10/2018)

Jan. 8, 2018 PACER
41

MINUTE ORDER IN CHAMBERS by Judge Cormac J. Carney: Order Regarding Letter Received by the Court. (twdb) (Entered: 01/09/2018)

Jan. 9, 2018 RECAP
60

MEMORANDUM of Points and Authorities in Opposition filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. Re: Order on Motion for Temporary Restraining Order,, 32 (Attachments: # 1 Declaration Schultz, # 2 Exhibit Chhoeun Removal Order and Decision, # 3 Exhibit Neth Removal Order and Decision, # 4 Declaration Maggard, # 5 Declaration Gearin, # 6 Declaration McDowell, # 7 Exhibit Judicial Order of Removal, # 8 Exhibit 4th Cir. Order Denying Stay I, # 9 Exhibit 4th Cir. Order Denying Stay II, # 10 Exhibit 4th Cir. Order Denying Stay III)(Liggett, Troy) (Entered: 01/11/2018)

Jan. 11, 2018 RECAP
61

STATEMENT of OF NON-OPPOSITION TO CERTAIN CLASS MEMBERS MOTIONS TO WITHDRAW AND RESPONSE AS TO THETH KETH (ECF NO. 42), LIM LOK (ECF NO. 43), KHUN SUM (ECF NO. 45), SALOEUN CHEA (ECF NO. 46), AND SOKHAN KHIM (ECF NO. 48) NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 42, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 44, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 58, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 46, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 59, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 47, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 52, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 45, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 56, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 49, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 53, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 55, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 48, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 50, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 57, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 54, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 51, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 43 filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Cho, Darlene) (Entered: 01/12/2018)

Jan. 12, 2018 PACER
62

REPLY in support of APPLICATION for Temporary Restraining Order as to Removal of Petitioners from United States to begin on Monday, December 18th, at approximately 12:30 p.m. and Memorandum of Points and Authorities in Support Thereof 28 filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Exhibit A to Reply Brief (Redacted), # 2 Supplemental Declaration of Holly Cooper, # 3 Supplemental Declaration of Kalvin Sophea Hang, # 4 Supplemental Declaration of Rottanak Kong, # 5 Supplemental Declaration of Sophea Om, # 6 Supplemental Declaration of Anoop Prasad, # 7 Declaration of Soleang Chann, # 8 Redacted Declaration of Sopeant Chuop, # 9 Declaration of Chen Kong-Wick, # 10 Declaration of Lisa Kum, # 11 Declaration Pheng Bun Lay, # 12 Declaration Tin Nguyen, # 13 Declaration Pisith Phlek)(Cho, Darlene) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
63

NOTICE of Appearance filed by attorney Darlene M Cho on behalf of Petitioners Nak Kim Chhoeun, Mony Neth (Cho, Darlene) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
64

APPLICATION of Non-Resident Attorney Lee Gelernt to Appear Pro Hac Vice on behalf of Petitioners Nak Kim Chhoeun, Mony Neth (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21127550) filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachment s: # 1 Proposed Order) (Cho, Darlene) (Entered: 01/19/2018)

1 Proposed Order

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Jan. 19, 2018 RECAP
65

EX PARTE APPLICATION to Continue Hearing on Order to Show Cause from January 25, 2018 to TBD Re: Order, 40, Order on Motion for Temporary Restraining Order,, 32, EX PARTE APPLICATION to Stay Case pending Lapse in Appropriation filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Proposed Order) (Liggett, Troy) (Entered: 01/22/2018)

Jan. 22, 2018 PACER
66

ORDER by Judge Cormac J. Carney: granting 64 Non-Resident Attorney Lee Gelernt APPLICATION to Appear Pro Hac Vice on behalf of Nak Kim Chhoeun and Mony Neth, designating Darlene Cho as local counsel. (dro) (Entered: 01/22/2018)

Jan. 22, 2018 PACER
71

MOTION to Reinstate Party for Civil Action filed by petitioner Saloeun Chea. (es) (Entered: 01/24/2018)

Jan. 22, 2018 PACER
67

STATEMENT of Respondents' Statement of Partial Opposition and Partial Non-Opposition to Certain Putative Class Members' Motions To Withdraw NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 42, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 44, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 58, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 46, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 59, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 47, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 52, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 45, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 56, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 49, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 53, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 55, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 48, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 50, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 57, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 54, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 51, NOTICE OF MOTION AND MOTION to Withdraw From Civil Action 43 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Liggett, Troy) (Entered: 01/23/2018)

Jan. 23, 2018 PACER
68

NOTICE of Appearance filed by attorney Julian Kurz on behalf of Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III (Attorney Julian Kurz added to party Elaine C. Duke(pty:res), Attorney Julian Kurz added to party Thomas D. Homan(pty:res), Attorney Julian Kurz added to party Sandra Hutchens(pty:res), Attorney Julian Kurz added to party David W. Jennings(pty:res), Attorney Julian Kurz added to party Scott R. Jones(pty:res), Attorney Julian Kurz added to party David Marin(pty:res), Attorney Julian Kurz added to party Jefferson B. Sessions, III(pty:res))(Kurz, Julian) (Entered: 01/23/2018)

Jan. 23, 2018 PACER
69

NOTICE of Appearance filed by attorney Michael L Mallow on behalf of Petitioners Nak Kim Chhoeun, Mony Neth (Attorney Michael L Mallow added to party Nak Kim Chhoeun(pty:pet), Attorney Michael L Mallow added to party Mony Neth(pty:pet))(Mallow, Michael) (Entered: 01/23/2018)

Jan. 23, 2018 PACER
70

Notice of Withdrawal of Motion to Continue,, Motion to Stay Case, 65 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Liggett, Troy) (Entered: 01/23/2018)

Jan. 23, 2018 PACER
72

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance,, 68 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 01/24/2018)

Jan. 24, 2018 PACER
73

MINUTES OF STATUS CONFERENCE held before Judge Cormac J. Carney: Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. (es) (Entered: 01/25/2018)

Jan. 25, 2018 PACER
74

ORDER GRANTING PRELIMINARY INJUNCTION by Judge Cormac J. Carney. For the foregoing reasons, Petitioners request for injunctive relief is GRANTED.A preliminary injunction will issue concurrent with this order. (see document for further details.) (es) (Entered: 01/25/2018)

Jan. 25, 2018 RECAP
75

PRELIMINARY INJUNCTION by Judge Cormac J. Carney. IT IS HEREBY ORDERED that the Government is preliminarily restrained and enjoined from executing Petitioners final orders of removal until February 5, 2018. This Order extends to Respondents and any other federal officials and personnel involved in the removal process. The Order applies to the removal of all Petitioners, who are 92 individuals within the putative class who have received travel papers or who are being considered for travel papers. The Order shall not apply to the seventeen individuals who have filed motions to withdraw in this case. (See Dkts. 42-45, 47-59.) IT IS FURTHER ORDERED that for those Petitioners who file a motion to reopen by February 5, 2018, the Governments execution of their final orders of removal shall be stayed through the adjudication of the administrative process and seven days after the Board of Immigration Appeals denies any motion to reopen. After that seven day period, this Courts stay of removal shall expire. (es) (Entered: 01/25/2018)

Jan. 25, 2018 RECAP
76

TRANSCRIPT ORDER as to Petitioners Nak Kim Chhoeun, Mony Neth for Court Reporter. Court will contact Darlene Cho at dcho@sidley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Cho, Darlene) (Entered: 01/29/2018)

Jan. 29, 2018 PACER
77

NOTICE Regarding Implementation of Preliminary Injunction filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Liggett, Troy) (Entered: 02/05/2018)

Feb. 5, 2018 PACER
78

TRANSCRIPT for proceedings held on 1/25/2018 at 9:04 a.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.**Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/1/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/9/2018. (dhs) (Entered: 02/08/2018)

Feb. 8, 2018 PACER
79

NOTICE OF FILING TRANSCRIPT filed for proceedings 1/25/2018 at 9:04 a.m. re Transcript 78 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY (Entered: 02/08/2018)

Feb. 8, 2018 PACER
80

NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. Motion set for hearing on 3/12/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Exhibit Chhoeun Notice to Appear, # 2 Exhibit Chhoeun Documents, # 3 Declaration Schultz III, # 4 Declaration Burgus, # 5 Exhibit Neth Notice to Appear, # 6 Exhibit Neth Documents, # 7 Proposed Order) (Liggett, Troy) (Entered: 02/08/2018)

Feb. 8, 2018 PACER
81

Joint STIPULATION for Extension of Time to File Opposition as to NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN 80 filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Declaration of Darlene M. Cho, # 2 Proposed Order Extending Time for Petitioners to File Opposition to Motion to Dismiss, Altering Remaining Briefing Schedule, and Continuing Hearing)(Cho, Darlene) (Entered: 02/14/2018)

Feb. 14, 2018 PACER
82

ORDER Extending Time for Petitioners to File Opposition to Motion to Dismiss, Altering Remaining Briefing Schedule and Continuing Hearing 81 by Judge Cormac J. Carney: The Court HEREBY MAKES THE FOLLOWING ORDER: The following deadlines shall apply to the remaining briefs to be filed with respect to Respondents' Motion to Dismiss: Deadline for Petitioners to opposition to Motion to Dismiss is 3/2/18; Deadline for Respondents to file reply brief re: Motion to Dismiss is 3/12/18; The hearing on Respondents' Motion to Dismiss Petitioners' First Amended Complaint scheduled for March 12, 2018 is vacated; and A hearing on Respondents' Motion to Dismiss shall proceed in the United States Courthouse located at 411 West Fourth Street, Santa Ana, California, 92701, Courtroom 9B, on March 26, 2018 at 1:30 p.m. (lwag) (Entered: 02/15/2018)

Feb. 15, 2018 PACER
83

NOTICE of Related Case(s) filed by Petitioners Nak Kim Chhoeun, Mony Neth. Related Case(s): 8:18-cv-00316 (Cho, Darlene) (Entered: 02/23/2018)

Feb. 23, 2018 PACER
84

OBJECTIONS to Notice of Related Case(s) 83 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit)(Liggett, Troy) (Entered: 02/28/2018)

Feb. 28, 2018 PACER
85

MINUTES (IN CHAMBERS) ORDER Directing Petitioners to File a Response to Respondents' Opposition by Judge Cormac J. Carney. On February 23, 2018, Petitioners filed a Notice of Related Case, indicating that this action is related to Trinh v. Homan, Case No. 18-00316. (Dkt. 83 .) On February 28, 2018, Respondents filed an opposition to the Notice. (Dkt. 84 .) Petitioners are hereby DIRECTED to file a response to Respondents' opposition. Petitioners' response shall be filed by March 7, 2018. (dro) (Entered: 03/02/2018)

March 2, 2018 PACER
86

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN 80 filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Exhibit A (Report and Recommendation), # 2 Declaration of Martha Ruch, # 3 Exhibit A to Declaration of Martha Ruch, # 4 Exhibit B to Declaration of Martha Ruch, # 5 Exhibit C to Declaration of Martha Ruch, # 6 Exhibit D to Declaration of Martha Ruch, # 7 Declaration of Nak Kim Chhoeun)(Cho, Darlene) (Entered: 03/02/2018)

March 2, 2018 PACER
87

PETITIONERS OBJECTIONS TO EXHIBITS AND DECLARATIONS SUBMITTED IN SUPPORT OF RESPONDENTS NOTICE OF MOTION AND MOTION TO DISMISS re: NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN 80 filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Cho, Darlene) (Entered: 03/02/2018)

March 2, 2018 PACER
88

RESPONSE filed by Petitioners Nak Kim Chhoeun, Mony Nethto Objection, 84 to Respondents' Objections to Notice of Related Case(s) (Cho, Darlene) (Entered: 03/07/2018)

March 7, 2018 PACER
89

REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN 80 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Liggett, Troy) (Entered: 03/12/2018)

March 12, 2018 RECAP
90

RESPONSE TO PETITIONERS' OBJECTIONS TO RESPONDENTS' EXHIBITS IN SUPPORT OF re: NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN 80 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Liggett, Troy) (Entered: 03/13/2018)

March 13, 2018 PACER
91

ORDER Overruling Respondent's Objection to Notice of Related Case 84 by Judge Cormac J. Carney: For these reasons, the Court hereby OVERRULES Respondents' objection. See document for further information. (lwag) (Entered: 03/15/2018)

March 14, 2018 PACER
92

NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion filed by Petitioners Nak Kim Chhoeun, Mony Neth. Motion set for hearing on 4/16/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Boonmi Boonmy, # 2 Declaration of Jessica Castellanos (Supplemental), # 3 Declaration of Linus Chan, # 4 Declaration of Sreyrath Choeum, # 5 Declaration of Sok Chhay, # 6 Declaration of Corey Endo, # 7 Declaration of Jeremy Jong, # 8 Declaration of Melanie Kim, # 9 Redacted Exhibit A to Declaration of Melanie Kim, # 10 Redacted Exhibit B, Part 1 of 2, to Declaration of Melanie Kim, # 11 Redacted Exhibit B, Part 2 of 2, to Declaration of Melanie Kim, # 12 Redacted Exhibit C to Declaration of Melanie Kim, # 13 Redacted Exhibit D to Declaration of Melanie Kim, # 14 Redacted Exhibit E, Part 1 of 8, to Declaration of Melanie Kim, # 15 Redacted Exhibit E, Part 2 of 8, to Declaration of Melanie Kim, # 16 Redacted Exhibit E, Part 3 of 8, to Declaration of Melanie Kim, # 17 Redacted Exhibit E, Part 4 of 8, to Declaration of Melanie Kim, # 18 Redacted Exhibit E, Part 5 of 8, to Declaration of Melanie Kim, # 19 Redacted Exhibit E, Part 6 of 8, to Declaration of Melanie Kim, # 20 Redacted Exhibit E, Part 7 of 8, to Declaration of Melanie Kim, # 21 Redacted Exhibit E, Part 8 of 8, to Declaration of Melanie Kim, # 22 Declaration of Kevin Lo, # 23 Exhibit A to Declaration of Kevin Lo, # 24 Exhibit B to Declaration of Kevin Lo, # 25 Declaration of Katrina Mariategue, # 26 Declaration of Tin Nguyen (Supplemental), # 27 Declaration of Phann Pheach, # 28 Declaration of Reas Rong, # 29 Declaration of Phorn Tem, # 30 Declaration of Sowath Thong, # 31 Declaration of Sareang Ye (Supplemental), # 32 Proposed Preliminary Injunction) (Cho, Darlene) (Entered: 03/19/2018)

8

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March 19, 2018 PACER
93

NOTICE OF MOTION AND MOTION to Certify Class Provisionally for Purposes of Implementing Preliminary Injunction filed by Petitioners Nak Kim Chhoeun, Mony Neth. Motion set for hearing on 4/16/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Nak Kim Chhoeun, # 2 Declaration of Mony Neth, # 3 Declaration of Jingni Zhao, # 4 Declaration of Laboni Hoq, # 5 Declaration of Lee Gelernt, # 6 Declaration of Michael Mallow, # 7 Exhibit A to Declaration of Michael Mallow, # 8 Proposed Order) (Cho, Darlene) (Entered: 03/19/2018)

March 19, 2018 PACER
94

REPLY filed by Petitioners Nak Kim Chhoeun, Mony Neth to Objection/Opposition (Motion related), 87 IN SUPPORT OF PETITIONERS' OBJECTIONS TO EXHIBITS AND DECLARATIONS SUBMITTED IN SUPPORT RESPONDENTS MOTION TO DISMISS (Cho, Darlene) (Entered: 03/20/2018)

March 20, 2018 PACER
95

ORDER Directing Respondents to Present Petitioner Chhoeun at Hearing by Judge Cormac J. Carney. Respondents are hereby DIRECTED to produce Petitioner Nak Kim Chhoeun for proceedings before the Honorable Judge Cormac J. Carney, United States District Court, Central District of California, 411 West Fourth Street, Courtroom 9-B, Santa Ana, California 92701, on Monday, March 26, 2018, at 1:30 p.m. Petitioner shall appear at the proceedings in civilian clothing and without shackles. (dro) (Entered: 03/21/2018)

March 21, 2018 PACER
96

Joint STIPULATION for Extension of Time to File Response as to NOTICE OF MOTION AND MOTION to Certify Class Provisionally for Purposes of Implementing Preliminary Injunction 93, NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion 92 filed by Respondents Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. (Attachments: # 1 Declaration of Troy D. Liggett, # 2 Proposed Order)(Liggett, Troy) (Entered: 03/22/2018)

March 22, 2018 PACER
97

NOTICE OF LODGING filed Exhibits in Support of Habeas Return re NOTICE OF MOTION AND MOTION to Dismiss Case and HABEAS RETURN 80 (Attachments: # 1 Exhibit A - Revised, # 2 Exhibit C - Revised, # 3 Exhibit D - Revised, # 4 Exhibit E - Revised, # 5 Exhibit G - Schultz Decl. V)(Liggett, Troy) (Entered: 03/22/2018)

March 22, 2018 PACER
98

OBJECTIONS to Notice of Lodging, 97 filed by Petitioners Nak Kim Chhoeun, Mony Neth. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Darlene M. Cho in Support of Petitioners' Objections to Notice of Lodging, # 4 Exhibit A to Cho Declaration, # 5 Exhibit B to Cho Declaration)(Cho, Darlene) (Entered: 03/23/2018)

March 23, 2018 PACER
99

(Attorney Joseph Carilli, Jr added to party Elaine C. Duke(pty:res), Attorney Joseph Carilli, Jr added to party Thomas D. Homan(pty:res), Attorney Joseph Carilli, Jr added to party Sandra Hutchens(pty:res), Attorney Joseph Carilli, Jr added to party David W. Jennings(pty:res), Attorney Joseph Carilli, Jr added to party Scott R. Jones(pty:res), Attorney Joseph Carilli, Jr added to party David Marin(pty:res), Attorney Joseph Carilli, Jr added to party Jefferson B. Sessions, III(pty:res))(Carilli, Joseph) (Entered: 03/23/2018)

March 23, 2018 PACER
100

NOTICE OF APPEAL to the 9th Circuit Court of Appeals Elaine C. Duke, Thomas D. Homan, Sandra Hutchens, David W. Jennings, Scott R. Jones, David Marin, Jefferson B. Sessions, III. Appeal of Preliminary Injunction,,,, 75, Preliminary Injunction, 74 . (Appeal Fee - Not Required for US Goverment.) (Carilli, Joseph) (Entered: 03/23/2018)

March 23, 2018 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: Oct. 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Cambodian nationals in the United States who received final orders of deportation or removal, and were subsequently released from ICE custody, and have not subsequently violated any criminal laws or conditions of their release, and have been or may be re-detained for removal by ICE.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Asian Americans Advancing Justice | AAJC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Habeas relief

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Required disclosure

Issues

General:

Habeas Corpus

International law

Over/Unlawful Detention

Placement in detention facilities

Race:

Asian/Pacific Islander

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Detention - criteria

Detention - procedures

ICE/DHS/INS raid

Refugees

National Origin/Ethnicity:

Other