Case: Abdi v. Duke [later Nielsen]

Abdi v. Duke

Abdi v. Duke

Abdi v. Duke

Abdi v. Duke

Abdi v. Duke

Abdi v. Nielsen

Abdi v. McAleenan

Abdi v. McAleenan

International Refugee Assistance Project (IRAP)

New York Civil Liberties Union

New York Civil Liberties Union

President Donald Trump

DHS Secretary John Kelly

President Donald Trump

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 0209-2846185.), filed by Hanad Abdi. (Attachments: # 1 Civil Cover Sheet, # 2 Memorandum in Support of Petition, # 3 Affidavit of Petitioner Hanad Abdi with Supporting Exhibits, # 4 Affidavit of Siana McLean with Supporting Exhibits, # 5 Affidavit of Aadhithi Padmanabhan with Supporting Exhibits, # 6 Affidavit of Desiree Lurf)(Padmanabhan, Aadhithi) (Entered: 07/28/2017)

Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (NRE)

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (NRE)

MOTION to Expedite Hearing on Petition for Writ of Habeas Corpus by Hanad Abdi. (Attachments: # 1 Memorandum in Support of Motion to Expedite, # 2 Affidavit of Robert Hodgson in Support of Motion to Expedite with Supporting Exhibits, # 3 Text of Proposed Order)(Padmanabhan, Aadhithi) (Entered: 07/31/2017)

TEXT ORDER re 2 Motion to Expedite. On or before Wednesday, August 2, 2017, Petitioner shall serve the Petition, the Motion to Expedite, and this Text Order on Respondents, with a copy sent by electronic mail to Mary Pat Fleming, Assistant United States Attorney, Western District of New York, 138 Delaware Avenue, Buffalo, New York 14202 (mary.pat.fleming@usdoj.gov). Respondents shall file papers outlining their position with respect to the Motion to Expedite, and any proposed alternative schedule in the event the Motion to Expedite is granted, on or before Thursday, August 3, 2017, at which time the matter will be deemed submitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/1/17. (JPL) (Entered: 08/01/2017)

AFFIDAVIT of Service for Petition, Motion to Expedite, Text Order in Compliance with Court Order (Docket No. 3) served on John Kelly, Thomas Brophy, Jeffrey Searls, Jefferson Sessions, United States Attorney's Office for Western District of New York, Mary Pat Fleming on 8/1/2017, filed by Hanad Abdi. (Padmanabhan, Aadhithi) (Entered: 08/02/2017)

STIPULATION re 3 Text Order, Set Deadlines,,,, by Thomas Brophy, John Kelly, Jeffrey Searls, Jefferson Sessions. (Young, Stacey) (Entered: 08/03/2017)

TEXT ORDER re 5 Stipulation. A telephone status conference is hereby set for August 4, 2017, at 11:00 AM. Counsel will be sent call-in instructions by email. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/3/17. (JPL) (Entered: 08/03/2017)

NOTICE of Appearance by Stacey Ilene Young on behalf of All Defendants (Young, Stacey) (Entered: 08/04/2017)

TEXT ORDER. Pursuant to 5 Stipulation, Respondents shall respond to the Petition by August 14, 2017. Petitioner shall file any reply by August 18, 2017. A Motion Hearing (oral argument) is hereby set for September 7, 2017, at 10:00 AM in U.S. Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/4/17. (JPL) (Entered: 08/04/2017)

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Aadhithi Padmanabhan, Esq,pl. Mariko Hirose, Esq./pl./Robert Hogson, Esq./pl. and Stacey Young, Esq./def. Telephone Status Conference held on 8/4/2017. Text order issued. (Court Reporter Karen Bush.) (LMD) (Entered: 08/04/2017)

TEXT ORDER. The Motion Hearing presently scheduled for September 7, 2017, at 10:00 AM is hereby adjourned to September 15, 2017, at 3:00 PM in U.S. Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/7/17. (JPL) (Entered: 08/07/2017)

TEXT ORDER. The Clerk of Court is directed to amend the docket to substitute Elaine C. Duke, Acting Secretary of the U.S. Department of Homeland Security, for Defendant John Kelly, Secretary of U.S. Department of Homeland Security, pursuant to Fed. R. Civ. P. 25(d). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/10/17. (JPL)-CLERK TO FOLLOW UP- (Entered: 08/10/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on 8/4/17, before Judge Wolford. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/31/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/8/2017. (SG) (Entered: 08/10/2017)

STIPULATION re 8 Text Order, Set Hearings,, to Stay Briefing Schedule by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Young, Stacey) (Entered: 08/11/2017)

NOTICE of Appearance by Tashiba Monique Peoples on behalf of All Defendants (Peoples, Tashiba) (Entered: 08/21/2017)

STATUS REPORT ON BEHALF OF THE PARTIES by Hanad Abdi. (Hodgson, Robert) (Entered: 08/21/2017)

TEXT ORDER re 15 Status Report. Pursuant to the joint request in the status report, the briefing deadlines previously set by the Court remain stayed. The parties shall provide the Court with a further status update on or before 8/28/17. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/21/17. (JPL) (Entered: 08/21/2017)

AMENDED COMPLAINT First Amended Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief against All Defendants, filed by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Affidavit of Johan Barrios Ramos, # 2 Affidavit of Desiree Lurf with supporting exhibits (1 of 2), # 3 Exhibit supporting exhibits of Desiree Lurf Declaration (2 of 2), # 4 Affidavit of Hanad Abdi with supporting exhibits, # 5 Affidavit of Siana McLean with supporting exhibits, # 6 Affidavit of Robert Hodgson, # 7 Affidavit of Aadhithi Padmanabhan with supporting exhibits)(Padmanabhan, Aadhithi) (Entered: 08/21/2017)

NOTICE of Appearance by Paige Austin on behalf of Hanad Abdi, Johan Barrios Ramos (Austin, Paige) (Entered: 08/24/2017)

MOTION to Certify Class by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Memorandum in Support of Motion for Class Certification, # 2 Affidavit of Christopher Dunn with supporting exhibits, # 3 Affidavit of Paige Austin with supporting exhibits, # 4 Affidavit of Robert Hodgson, # 5 Affidavit of Hanad Abdi (Supplemental), # 6 Affidavit of Siana McLean (Supplemental), # 7 Affidavit of Desiree Lurf (Supplemental), # 8 Affidavit of Anne Doebler, # 9 Affidavit of Matthew Borowski)(Padmanabhan, Aadhithi) (Entered: 08/25/2017)

TEXT ORDER re 19 Motion to Certify Class. Responses due 9/15/17. Replies due 9/22/17. Upon receipt of all papers, the Court will determine whether oral argument is necessary, and, if so, will inform the parties of the date and time of such oral argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/28/17. (JPL) (Entered: 08/28/2017)

STATUS REPORT ON BEHALF OF THE PARTIES by Hanad Abdi, Johan Barrios Ramos. (Padmanabhan, Aadhithi) (Entered: 08/28/2017)

TEXT ORDER re 21 Status Report. The parties shall provide the Court with a further status update on or before 9/5/17. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/29/17. (JPL) (Entered: 08/29/2017)

STATUS REPORT ON BEHALF OF THE PARTIES by Hanad Abdi, Johan Barrios Ramos. (Padmanabhan, Aadhithi) (Entered: 09/05/2017)

ORDER granting parties request to provide the court with a further status update due September 8, 2017. Signed by Hon. Elizabeth A. Wolford on 09/06/2017. (LMD) (Entered: 09/06/2017)

STATUS REPORT ON BEHALF OF THE PARTIES by Hanad Abdi, Johan Barrios Ramos. (Padmanabhan, Aadhithi) (Entered: 09/08/2017)

TEXT ORDER. It is not clear from the parties' status update filed at Docket No. 25, whether the relief requested in the motion filed at Docket No. 2 has been mooted. In view of the staying of the briefing schedule previously set forth by the Court with respect to the motion filed at Docket No. 2, the Motion Hearing set for September 15, 2017, is hereby adjourned without date. The parties shall advise the Court on or before September 15, 2017, whether the petitioner continues to pursue the relief requested in the motion filed at Docket No. 2, and, if so, a mutually agreeable proposed schedule for the briefing of the same shall be proposed. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/11/2017. (EMS) (Entered: 09/11/2017)

MOTION to Dismiss by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. Responses due by 9/26/2017. (Attachments: # 1 Memorandum in Support, # 2 Declaration)(Young, Stacey) (Entered: 09/12/2017)

TEXT ORDER regarding 27 Motion to Dismiss. Responses are due on or before 10/4/2017. Replies are due on or before 10/11/2017. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/13/17. (ZML) (Entered: 09/13/2017)

Set/Reset Deadlines as to 27 MOTION to Dismiss . Responses due by 10/4/2017. Replies due by 10/11/2017. (ZML)

LETTER Providing Status Update by Hanad Abdi, Johan Barrios Ramos.(Hodgson, Robert) Modified on 9/15/2017 to correct title pursuant to 30 Text Order (NRE). (Entered: 09/13/2017)

TEXT ORDER. Pursuant to the letter from Petitioner's counsel dated September 13, 2017 29, the Motion to Expedite Hearing on Petition for Writ of Habeas Corpus 2 should be designated as withdrawn. Petitioner's counsel has also designated that letter as a motion seeking expedited discovery. The letter does not comply with Local Rule of Civil Procedure 7 and should not be designated as a motion. The Clerk of Court is directed to redesignate the letter as simply providing a status update. If any party seeks affirmative relief from the Court, compliance with this Court's Local Rules and the Federal Rules of Civil Procedure is required, including filing a notice of motion setting forth the relief requested, a memorandum of law, and any affidavit in support of the motion. In addition, if a party seeks to have a motion determined on an expedited basis, a separate motion for an expedited hearing is required. At this time, the Court does not intend to conduct a telephone conference to discuss scheduling because scheduling orders have been issued for any pending motions. In addition, the parties are reminded that, while the Court encourages cooperation between the parties and efforts to come to an agreement on a mutually acceptable schedule with respect to any pending motion in this case, it is the Court that sets the schedule - not the parties - and therefore, scheduling deadlines issued by the Court cannot be changed by agreement between the parties without the Court's approval. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/14/17. (ZML)-CLERK TO FOLLOW UP- (Entered: 09/14/2017)

E-Filing Notification: regarding 29 MOTION for Discovery. The Clerk's Office changed the title pursuant to 30 Text Order. No further action required. (NRE)

MOTION for Discovery by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Affidavit of Aadhithi Padmanabhan, # 2 Memorandum in Support)(Padmanabhan, Aadhithi) (Entered: 09/15/2017)

MOTION to Expedite Consideration of Motion for Expedited Discovery by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Motion for Expedited Discovery, # 2 Declaration of Aadhithi Padmanabhan, # 3 Memorandum in Support, # 4 Text of Proposed Order)(Padmanabhan, Aadhithi) (Entered: 09/15/2017)

MOTION to Stay re 19 MOTION to Certify Class by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions.(Young, Stacey) (Entered: 09/15/2017)

TEXT ORDER regarding 32 Motion to Expedite Consideration of Motion to Expedite Discovery. Opposition papers are due on or before 9/19/17 at 12:00 PM. The Court will resolve the motion on the papers and without oral argument. SO ORDERED. Signed Hon. Elizabeth A. Wolford on 9/18/17. (ZML) (Entered: 09/18/2017)

TEXT ORDER regarding 33 Motion to Stay Motion to Certify Class. Response is due on or before 9/29/17. The Court will resolve the motion on the papers and without oral argument. Respondents have failed to comply with Local Rule 7(a)(1) by failing to include a notice of motion. Compliance with the Court's Local Rules will be required going forward. The schedule set forth at Docket 20 concerning the 19 Motion to Certify the Class will be held in abeyance until further order of the Court. SO ORDERED. Signed Hon. Elizabeth A. Wolford on 9/18/17. (ZML) (Entered: 09/18/2017)

RESPONSE in Opposition re 32 MOTION to Expedite Consideration of Motion for Expedited Discovery filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Affidavit of T. Monique Peoples)(Peoples, Tashiba) (Entered: 09/19/2017)

TEXT ORDER. Currently pending before the Court is a 32 Motion to Expedite Consideration of Motion for Expedited Discovery, wherein Petitioners seek to expedite the briefing and this Courts consideration of their 31 Motion for Discovery. Petitioners represent that the documents they seek in discovery will be used to support an anticipated Motion for Preliminary Injunction that will be filed no later than September 25, 2017. Also pending before the Court is Respondents 27 Motion to Dismiss wherein, among other arguments, Respondents contend that this Court lacks subject matter jurisdiction. As a result, a threshold issue that this Court will have to determine before considering the granting of any relief to Petitioners - whether it be in the form of discovery or preliminary injunctive relief - is whether the Court has jurisdiction to consider the claims. Having considered the respective arguments by the parties, and the procedural posture of this case, the Court grants the 32 Motion to Expedite, in part, to the extent that the Court will set a briefing schedule for Petitioners 31 Motion for Discovery and consider the issues set forth therein on a more expedited basis than it might otherwise, but the motion is otherwise denied, including to the extent that Petitioners seek a determination on the 31 Motion for Discovery prior to the Court resolving the 27 Motion to Dismiss. Accordingly, papers in response to the 31 Motion for Discovery are hereby due on or before October 2, 2017. Upon receipt of all papers, the court will determine if oral argument is necessary, and if so, inform the parties of the date and time. SO ORDERED. Signed Hon. Elizabeth A. Wolford on 9/19/17. (ZML) (Entered: 09/19/2017)

First MOTION for Preliminary Injunction by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Memorandum in Support, # 2 Exhibit First Amended Petition, # 3 Declaration of Paige Austin with Exhibits A-L, # 4 Declaration of Johan Barrios Ramos, # 5 Declaration of Hanad Abdi with Exhibits A-E, # 6 Declaration of Abdirashid Ahmed Musa with Exhibit A, # 7 Declaration of Muktar Muse Mohamed with Exhibit A, # 8 Declaration of Koffi Sewoul with Exhibit A, # 9 Declaration of Joseph Baptiste with Exhibit A, # 10 Declaration of Dieusauveur Flezinord with Exhibit A, # 11 Declaration of Saikou Touray with Exhibit A, # 12 Declaration of Salad Suraw Abdi, # 13 Declaration of Muhamed Hirsi with Exhibit A, # 14 Declaration of Ahmed Mohamed Ahmed, # 15 Declaration of Abdirahman Nor with Exhibit A, # 16 Declaration of Dayron Hernandez with Exhibit A, # 17 Declaration of Michelle Shames with Exhibit A, # 18 Declaration of Siana McLean with Exhibits A-B, # 19 Declaration of Desiree Lurf with Exhibits A-F (part 1 of 2), # 20 Declaration of Desiree Lurf with Exhibits A-F (part 2 of 2), # 21 Declaration of Matthew Borowski, # 22 Declaration of Matthew Borowski Supp. with Exhibits A-C, # 23 Declaration of Anne Doebler, # 24 Exhibit Proposed Witness and Exhibit List, # 25 Text of Proposed Order)(Austin, Paige) (Entered: 09/25/2017)

First MOTION to Expedite by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Text of Proposed Order granting motion to expedite consideration of Preliminary Injunction, # 2 Exhibit Notice of Motion for Preliminary Injunction, # 3 Exhibit Memorandum of Law in Support of Preliminary Injunction, # 4 Exhibit First Amended Petition, # 5 Exhibit Austin Declaration, # 6 Exhibit Barrios Ramos Declaration, # 7 Exhibit H. Abdi Declaration, # 8 Exhibit Musa Declaration, # 9 Exhibit Mohamed Declaration, # 10 Exhibit Sewoul Declaration, # 11 Exhibit Baptiste Declaration, # 12 Exhibit Flezinord Declaration, # 13 Exhibit Touray Declaration, # 14 Exhibit S. Abdi Declaration, # 15 Exhibit Hirsi Declaration, # 16 Exhibit Ahmed Declaration, # 17 Exhibit Nor Declaration, # 18 Exhibit Hernandez Declaration, # 19 Exhibit Shames Declaration, # 20 Exhibit McLean Declaration, # 21 Exhibit Lurf Declaration (part 1 of 2), # 22 Exhibit Lurf Declaration (part 2 of 2), # 23 Exhibit Borowski Declaration, # 24 Exhibit Supplemental Borowski Declaration, # 25 Exhibit Doebler Declaration, # 26 Exhibit Proposed Witness and Exhibit List, # 27 Exhibit Proposed Preliminary Injunction Order)(Austin, Paige) (Entered: 09/26/2017)

TEXT ORDER regarding 38 Motion for Preliminary Injunction. As the Court previously indicated by Text Order (Dkt. 37), it will need to resolve the pending 27 Motion to Dismiss before considering the grant of any relief to Petitioners. The Court will therefore set a briefing schedule for the 38 Motion for Preliminary Injunction that will take into account the previously set briefing schedule for the 27 Motion to Dismiss, as well as the Court's ability in view of its schedule to resolve the pending issues in this case in as expeditious manner as possible. Therefore, responses to the 38 Motion for Preliminary Injunction are due on or before 10/10/17. Replies are due on or before 10/17/17. Oral argument on the 38 Motion for Preliminary Injunction and the 27 Motion to Dismiss will be held on 10/27/17 at 2:00 PM in U.S. Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. In view of the foregoing, the 39 Motion to Expedite in the manner specifically requested by Petitioners is denied. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/26/17. (ZML). (Entered: 09/26/2017)

CALENDAR EVENT. Set/Reset Deadlines as to 38 First MOTION for Preliminary Injunction, 27 MOTION to Dismiss . Motion Hearing set for 10/27/2017 02:00 PM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. (ZML)

MOTION to Stay re 38 First MOTION for Preliminary Injunction or, Alternatively, to Extend Briefing Deadlines and Hearing Date by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Memorandum in Support)(Peoples, Tashiba) (Entered: 09/27/2017)

RESPONSE in Opposition re 33 MOTION to Stay re 19 MOTION to Certify Class filed by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Affidavit of Robert Hodgson in support of the petitioners' response to the Government's motion to hold class certification briefing in abeyance)(Hodgson, Robert) (Entered: 09/27/2017)

TEXT ORDER regarding 41 Motion to Stay 38 Motion for Preliminary Injunction. Response is due on or before 9/29/17. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/27/17. (ZML) (Entered: 09/27/2017)

MEMORANDUM in Opposition re 41 MOTION to Stay re 38 First MOTION for Preliminary Injunction or, Alternatively, to Extend Briefing Deadlines and Hearing Date filed by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Affidavit in Support of Petitioners' Opposition to Respondents' Motion to Hold Preliminary Injunction Briefing and Hearing in Abeyance)(Austin, Paige) (Entered: 09/29/2017)

TEXT ORDER regarding 41 Motion to Stay Motion for Preliminary Injunction. The 41 Motion to Stay the Motion for Preliminary Injunction is denied. The 41 alternative Motion to Extend Briefing Deadlines and Hearing Date is granted in part, and denied in part. Response to the 38 Motion for Preliminary Injunction is due on or before 10/20/17. Reply is due on or before 10/26/17. Oral argument will remain scheduled for 10/27/17 at 2:00 PM in U.S. Courthouse, 100 State Street, Rochester, NY 14614 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 9/29/17. (ZML) (Entered: 09/29/2017)

CALENDAR EVENT. Set/Reset Deadlines as to 38 First MOTION for Preliminary Injunction . Responses due by 10/20/2017. Replies due by 10/26/2017. (ZML)

RESPONSE in Opposition re 31 MOTION for Discovery filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Declaration Peoples Declaration)(Peoples, Tashiba) (Entered: 10/02/2017)

NOTICE of Appearance by J. Max Weintraub on behalf of All Defendants (Weintraub, J.) (Entered: 10/03/2017)

MEMORANDUM in Opposition re 27 MOTION to Dismiss filed by Hanad Abdi, Johan Barrios Ramos. (Hirose, Mariko) (Entered: 10/04/2017)

REPLY to Response to Motion re 27 MOTION to Dismiss filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Peoples, Tashiba) (Entered: 10/11/2017)

RESPONSE in Opposition re 38 First MOTION for Preliminary Injunction filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Declaration Ball Declaration, # 2 Declaration Brophy Declaration, # 3 Declaration Ensminger Declaration, # 4 Declaration McCartan Declaration, # 5 Declaration Muehlig Declaration)(Peoples, Tashiba) (Entered: 10/20/2017)

REPLY to Response to Motion re 38 First MOTION for Preliminary Injunction filed by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Affidavit Austin Declaration and Exhibits)(Dunn, Christopher) (Entered: 10/26/2017)

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Mariko Hirose, Esq./pl.; Christopher Dunn, Esq./pl;. Aadhithi Padmanabhan, Esq./pl.; Robert Hogson, Esq./pl.; Austin Paige, Esq./pl.; Deepa Alagesan, Esq./pl., Scout Katovich, Law Graduate/pl.; Monique Peoples, USDOJ for def. and Kathryn Smith, AUSA. Motion Hearing held on 10/27/2017 re 38 First MOTION for Preliminary Injunction filed by Johan Barrios Ramos, Hanad Abdi, 27 MOTION to Dismiss filed by Elaine C Duke, John Kelly, Jefferson Sessions, Thomas Brophy, Jeffrey Searls. Court reserves decision. (Court Reporter KB.) (LMD) (Entered: 11/01/2017)

TEXT ORDER denying 33 Motion to Stay Motion to Certify Class. The briefing on on the 19 Motion to Certify Class is no longer held in abeyance. Response is due on or before 11/13/17. Reply is due on or before 11/17/17. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/30/17. (ZML) (Entered: 10/30/2017)

DECISION AND ORDER denying Petitioners' 31 Motion for Discovery without prejudice. Signed by Hon. Elizabeth A. Wolford on 11/13/2017. (NRE) (Entered: 11/13/2017)

RESPONSE in Opposition re 19 MOTION to Certify Class filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Exhibit A)(Weintraub, J.) (Entered: 11/13/2017)

DECISION AND ORDER denying 27 Motion to Dismiss; granting 38 Motion for Preliminary Injunction. Signed by Hon. Elizabeth A. Wolford on 11/17/2017. (LMD) (Entered: 11/17/2017)

REPLY to Response to Motion re 19 MOTION to Certify Class filed by Hanad Abdi, Johan Barrios Ramos. (Padmanabhan, Aadhithi) (Entered: 11/17/2017)

TEXT ORDER regarding 19 Motion to Certify Class. Oral argument will be held on the 19 Motion to Certify Class on 12/7/17 at 10 AM at U.S. Courthouse, 100 State Street, Rochester, NY 14614 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/20/17. (ZML) (Entered: 11/20/2017)

NOTICE of Appearance by Deepa Alagesan on behalf of Hanad Abdi, Johan Barrios Ramos (Alagesan, Deepa) (Entered: 11/27/2017)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/27/2017, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/28/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/7/2018. (NRE) (Entered: 12/07/2017)

DECLARATION of Johan Barrios Ramos filed by Johan Barrios Ramos. (NRE) (Entered: 12/08/2017)

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Aadhithi Padmanabhan, Esq/pl; Christopher Dunn, Esq./pl.; Robert Hodgson, Esq./pl Tashiba Monique Peoples, Esq.def.; Kathryn Smith, AUSA. Motion Hearing held on 12/7/2017 re 19 MOTION to Certify Class filed by Johan Barrios Ramos, Hanad Abdi. Court reserves decision. (Court Reporter KB.) (LMD) (Entered: 12/13/2017)

STATUS REPORT by Thomas Brophy, Elaine C Duke, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Declaration of Jack Bennett, # 2 Declaration of Darius Reeves, # 3 Exhibit IJ Order)(Peoples, Tashiba) (Entered: 12/14/2017)

REPLY/RESPONSE to re 63 Status Report filed by Hanad Abdi, Johan Barrios Ramos. (Hodgson, Robert) (Entered: 12/15/2017)

STATUS REPORT by Thomas Brophy, Elaine C Duke, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Declaration of Carol Bridge)(Peoples, Tashiba) (Entered: 12/18/2017)

DECISION AND ORDER granting 19 Motion to Certify Class and the class and subclass are defined as follows: Class: All arriving asylum-seekers who have passed a credible fear interview and who are or will be detained at the Buffalo Federal Detention Facility and who have not been granted parole. Subclass: All arriving asylum-seekers who are or will be detained at the Buffalo Federal Detention Facility, have passed a credible fear interview, and have been detained for more than six months without a bond hearing before an immigration judge. Further, that pursuant to Fed. R. Civ. P. 23(c)(1)(B), the New York Civil Liberties Foundation and the International Refugee Assistance Project are hereby appointed as class counsel; Further, that the November 17, 2017, Decision and Order is hereby modified insofar as the preliminary injunction now applies to members of the certified class and subclass, rather than members of the putative class. Signed by Hon. Elizabeth A. Wolford on 12/19/2017. (LMD) (Entered: 12/19/2017)

MOTION Motion for Clarification of Preliminary Injunction re 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Memorandum in Support of Motion for Clarification of Preliminary Injunction, # 2 Declaration of Kathryn Meyer, # 3 Declaration of Scout Katovich, # 4 Text of Proposed Order)(Padmanabhan, Aadhithi) (Entered: 01/08/2018)

MOTION to Expedite Consideration of Motion for Clarification of Preliminary Injunction by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Motion for Clarification of Preliminary Injunction, # 3 Exhibit Memorandum of Law in Support of Motion for Clarification of Preliminary Injunction, # 4 Exhibit Declaration of Kathryn Meyer, # 5 Exhibit Declaration of Scout Katovich, # 6 Exhibit Proposed Order for Motion for Clarification of Preliminary Injunction)(Padmanabhan, Aadhithi) (Entered: 01/08/2018)

TEXT ORDER re 68 MOTION to Expedite Consideration of Motion for Clarification of Preliminary Injunction. The Court intends to expedite the handling of Petitioners' 67 Motion for Clarification of Preliminary Injunction. Petitioners have proposed the deadline for Respondents to file any opposition papers as January 16, 2018, with any reply to be filed by January 19, 2018. By 5 PM today, Respondents shall advise as to their position with respect to this proposed schedule, and any proposed alternative schedule. In addition, the Court intends to schedule a hearing on this motion as soon as practicable after the briefing is completed. Counsel for both parties must advise the Court by 5 PM today of any dates within the next several weeks where they are unavailable to appear in either Rochester or Buffalo. The communications requested by this Text Order may be submitted to the Court by letter. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/9/18. (PFC) (Entered: 01/09/2018)

NOTICE of Appearance by Nicole N. Murley on behalf of All Defendants (Murley, Nicole) (Entered: 01/09/2018)

REPLY/RESPONSE to re 69 Text Order,,, Letter Informing Court of Petitioners' Counsel's Availability for a Hearing filed by Hanad Abdi, Johan Barrios Ramos. (Padmanabhan, Aadhithi) (Entered: 01/09/2018)

REPLY/RESPONSE to re 69 Text Order,,, filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Young, Stacey) (Entered: 01/09/2018)

TEXT ORDER regarding 67 Motion for Clarification of Preliminary Injunction and 68 Motion to Expedite. The 68 Motion to Expedite is granted, in part. The Government's response to the 67 Motion for Clarification is due on or before 1/22/18. Petitioners' reply is due on or before 1/25/18 at 10 AM. Oral argument is set for 1/26/18 at 1 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/9/18. (ZML) (Entered: 01/09/2018)

CALENDAR EVENT: Set/Reset Deadlines as to 67 MOTION Motion for Clarification of Preliminary Injunction re 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction. Responses due by 1/22/2018. Replies due by 1/25/2018. Motion Hearing set for 1/26/2018 01:00 PM in US Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Elizabeth A. Wolford. (ZML)

INTERLOCUTORY APPEAL as to 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. Appeal Record due by 1/25/2018. (Peoples, Tashiba) Modified on 1/12/2018 to correct type of appeal (NRE). (Entered: 01/11/2018)

E-Filing Notification: regarding 74 NOTICE OF APPEAL; Incorrect event used to electronically file document. For future reference, use Interlocutory Appeal event. No action required. (NRE)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/7/2017, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/7/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/17/2018. (KM) (Entered: 01/17/2018)

RESPONSE in Opposition re 67 MOTION Motion for Clarification of Preliminary Injunction re 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction filed by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Declaration, # 2 Exhibit)(Young, Stacey) (Entered: 01/22/2018)

TEXT ORDER. Due to a conflict with the Court's criminal calendar, the 73 oral argument scheduled for January 26, 2018, at 1:00 P.M., is adjourned to January 26, 2018, at 2:00 P.M., and will be held at the U.S. Courthouse, 2 Niagara Square, Buffalo, N.Y., before the Hon. Elizabeth A. Wolford. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/23/2018. (Please note: The time is the only change to one hour later. The date of January 26, 2018, remains as originally scheduled.) (PFC) (Entered: 01/23/2018)

REPLY/RESPONSE to re 76 Response in Opposition to Motion, 67 MOTION Motion for Clarification of Preliminary Injunction re 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction (Reply in Support of Motion for Clarification) filed by Hanad Abdi, Johan Barrios Ramos. (Attachments: # 1 Declaration of Paige Austin in Support of the Petitioners' Motion for Clarification)(Hodgson, Robert) (Entered: 01/25/2018)

Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Motion Hearing held on 1/26/2018 re 67 MOTION Motion for Clarification of Preliminary Injunction re 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction filed by Johan Barrios Ramos, Hanad Abdi. Decision reserved. Appearances: Petitioner-Aadhithi Padmanabham, Deepa Alagesan, Christopher Dunn, Respondent-Nicole Murley, Stacey Young. (Court Reporter Karen Bush.) (SDW) (Entered: 01/26/2018)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: # 1 Index)(NRE) (Entered: 01/29/2018)

MOTION to Seal Document by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions.(Young, Stacey) (Entered: 02/04/2018)

STIPULATED PROTECTIVE ORDER. Signed by Hon. Elizabeth A. Wolford on 2/8/2018. (NRE) (Entered: 02/08/2018)

DECISION AND ORDER granting 67 Motion for clarification. The Court clarifies that the November 17, 2017, Decision requires that once an IJ has determined that a detainee shall be released on bond, he or she must consider the financial circumstances of each subclass member and alternative conditions of release in setting the amount of bond. Accordingly, IT IS HEREBY ORDERED that for all subclass members provided a bond hearing pursuant to the Court's November 17, 2017, Decision, the IJ, when setting the terms of any subclass member's release at a bond hearing, must consider alternative conditions of release and the individual's ability to pay; and it is further ORDERED that for those subclass members who have already received a bond hearing pursuant to the November 17, 2017, Decision who remained detained notwithstanding an IJ's determination that release on bond would be appropriate, bond hearings must be recalendared and the record reopened for the IJ to consider alternative conditions of release and the individual's ability to pay; and it is further ORDERED that counsel for Respondents shall notify Class Counsel of the date and location of each bond hearing set pursuant to this Decision and Order at leave five days in advance of the hearing. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/09/2018. (LMD) Modified on 2/9/2018 (ZML). (Main Document 83 replaced on 2/9/2018) (LMD). (Entered: 02/09/2018)

NOTICE OF INTERLOCUTORY APPEAL as to 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 83 Order on Motion for Miscellaneous Relief,,,,, by Thomas Brophy, Elaine C Duke, John Kelly, Jeffrey Searls, Jefferson Sessions. Appeal Record due by 3/1/2018. (Peoples, Tashiba) (Entered: 02/15/2018)

RESPONSE to Motion re 81 MOTION to Seal Document filed by Hanad Abdi, Johan Barrios Ramos. (Padmanabhan, Aadhithi) (Entered: 02/20/2018)

CLERKS CERTIFICATE filed and electronically sent to Court of Appeals (Attachments: # 1 Supplemental/Amended Index to Record on Appeal)(NRE) (Entered: 03/02/2018)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/26/2018, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/4/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/12/2018. (NRE) (Entered: 04/13/2018)

TEXT ORDER dismissing 81 Motion to Seal Document. The Government's attorney has informed the Court that the Government no longer wishes to pursue the relief requested in its 81 Motion to Seal Document. Accordingly, the Government's motion to seal is dismissed. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/30/2018. (PFC) (Entered: 05/30/2018)

Letter filed by Hanad Abdi, Johan Barrios Ramos as to Jeffrey Searls, Elaine C Duke, Thomas Brophy, John Kelly, Jefferson Sessions (Related to Decision and Order on Motion for Clarification (ECF No. 83)). (Attachments: # 1 Exhibit Bond hearing transcript 1 of 5, # 2 Exhibit Bond hearing transcript 2 of 5, # 3 Exhibit Bond hearing transcript 3 of 5, # 4 Exhibit Bond hearing transcript 4 of 5, # 5 Exhibit Bond hearing transcript 5 of 5)(Padmanabhan, Aadhithi) (Entered: 05/30/2018)

MANDATE of USCA as to 74 Notice of Interlocutory Appeal, 84 Notice of Interlocutory Appeal, filed by Elaine C Duke, John Kelly, Jefferson Sessions, Thomas Brophy, Jeffrey Searls; ORDERED that the appeal is REMANDED to the district court for further consideration. (NRE) (Entered: 10/30/2018)

MOTION to Vacate 56 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction, 83 Order on Motion for Miscellaneous Relief,,,,, by Thomas Brophy, Elaine C Duke, Jeffrey Searls, Jefferson Sessions. (Attachments: # 1 Memorandum in Support)(Peoples, Tashiba) (Entered: 10/31/2018)

MOTION Requesting Status Conference by Hanad Abdi, Johan Barrios Ramos.(Padmanabhan, Aadhithi) (Entered: 11/02/2018)