Case: Abdi v. Duke [later Nielsen]

1:17-cv-00721 | U.S. District Court for the Western District of New York

Filed Date: July 28, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 28, 2017, an asylum-seeker who had been held in federal detention for nine months sought habeas corpus in the U.S. District Court for the Western District of New York. Three weeks later, represented by the New York Civil Liberties Union and the International Refugee Assistance Project, he and a fellow asylum-seeker filed an amended petition and class action complaint against the Department of Homeland Security. They challenged the federal government’s authority to indefinitely detain …

On July 28, 2017, an asylum-seeker who had been held in federal detention for nine months sought habeas corpus in the U.S. District Court for the Western District of New York. Three weeks later, represented by the New York Civil Liberties Union and the International Refugee Assistance Project, he and a fellow asylum-seeker filed an amended petition and class action complaint against the Department of Homeland Security. They challenged the federal government’s authority to indefinitely detain arriving asylum-seekers who had been determined likely to win the right to remain in the United States. They asserted that such detention, without parole or bond hearing, was a violation of the Due Process Clause of the Fifth Amendment, the Immigration and Naturalization Act, and 8 C.F.R. §212.5. The case was assigned to Judge Elizabeth A. Wolford.

The complaint sought to certify a class of “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,” as well as a sub-class who “have been or will be detained for more than six months without a bond hearing before an immigration judge.”

An overbroad plaintiffs’ discovery motion was denied in November 2017. 292 F.Supp.3d 592.

On November 17, 2017, the court denied the government’s motion to dismiss the suit, simultaneously granting the plaintiffs’ motion for a preliminary injunction. 280 F.Supp.3d 373. The injunction required the government to give detainees access to parole procedures as described in Immigrations and Customs Enforcement Directive 11002.1. Additionally, relying on the Ninth Circuit’s reasoning in Jennings v. Rodriguez, reasoning which was subsequently overturned by the Supreme Court, the court found that 8 U.S.C. 1225(b) implicitly prohibits indefinite detention, and ordered the government to offer bond hearings to asylum-seekers within six months of their detention. For continued detention, the government must prove at the bond hearing that the asylum-seeker is a flight risk or a danger to the community. In February 2018, the court clarified the injunction, requiring that once “an [Immigration Judge] has determined that a detainee should be released on bond, he or she must consider the financial circumstances of each [detainee] and alternative conditions of release in setting the amount of bond.” 287 F.Supp.3d 327 at 345.

Class certification was granted on December 19, 2017, and the preliminary injunction of November 17 was applied to the newly-certified class. 323 F.R.D. 131.

In January 2018, the government appealed the November 17 orders (Second Circuit Docket No. 18-00094, Jan 12, 2018). In late February, the Supreme Court ruled in Jennings v. Rodriguez, effectively overturning the district court’s November order regarding the subclass (detainees held more than six months without a bond hearing). By consent of the parties, the Second Circuit remanded this issue to the district court on September 5, 2019.

On September 24, 2019 the district court granted the government’s motion to decertify the subclass. 405 F.Supp.3d 467. There was no activity in the case for nearly a year, until on July 10, 2020, the court directed the parties to submit a joint status report indicating whether the case should be closed. The parties responded that they were in the process of meeting and conferring regarding a settlement that would resolve the case entirely. But then, on September 24, 2020, the parties informed the court that they were no longer intending to reach a settlement. The parties negotiated a discovery schedule and the court set a schedule for summary judgment motions. The petitioners' motion for summary judgment is due January 28, 2021, and the respondents' opposition and cross-motion for summary judgment is due February 25, 2021. As of December 23, 2020, this case is ongoing.

Summary Authors

Virginia Weeks (11/26/2017)

Virginia Weeks (11/1/2018)

Ava Morgenstern (4/21/2018)

Gregory Marsh (7/11/2020)

Emily Kempa (12/23/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6158392/parties/abdi-v-mayorkas/


Judge(s)

Wolford, Elizabeth Ann (New York)

Attorneys(s) for Plaintiff

Alagesan, Deepa (New York)

Austin, Paige (New York)

Dunn, Christopher (New York)

Gemmell, Antony Philip Falconer (New York)

Hirose, Mariko (New York)

Hodgson, Robert (New York)

Levine, Heidi Lynne (New York)

Mann, Michael D (New York)

Padmanabhan, Aadhithi (New York)

Judge(s)

Wolford, Elizabeth Ann (New York)

Attorneys(s) for Plaintiff

Alagesan, Deepa (New York)

Austin, Paige (New York)

Dunn, Christopher (New York)

Gemmell, Antony Philip Falconer (New York)

Hirose, Mariko (New York)

Hodgson, Robert (New York)

Levine, Heidi Lynne (New York)

Mann, Michael D (New York)

Padmanabhan, Aadhithi (New York)

Roeck, Victoria Marie (New York)

Attorneys(s) for Defendant

Hirst, Kevin (District of Columbia)

Murley, Nicole N. (District of Columbia)

Peoples, Tashiba Monique (District of Columbia)

Weintraub, J. Max (District of Columbia)

Young, Stacey Ilene (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-00721

Docket [PACER]

Abdi v. Duke

Nov. 18, 2020

Nov. 18, 2020

Docket
38-2

1:17-cv-00721

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

Abdi v. Duke

Sept. 25, 2017

Sept. 25, 2017

Complaint
54

1:17-cv-00721

Decision and Order

Abdi v. Duke

292 F.Supp.3d 592

Nov. 13, 2017

Nov. 13, 2017

Order/Opinion
56

1:17-cv-00721

Decision and Order

Abdi v. Duke

280 F.Supp.3d 373, 2017 WL 5599521

Nov. 17, 2017

Nov. 17, 2017

Order/Opinion
66

1:17-cv-00721

Decision and Order

Abdi v. Duke

323 F.R.D. 131, 2017 WL 6507248

Dec. 19, 2017

Dec. 19, 2017

Order/Opinion
83

1:17-cv-00721

Decision and Order

Abdi v. Nielsen

287 F.Supp.3d 327

Feb. 9, 2018

Feb. 9, 2018

Order/Opinion
129

1:17-cv-00721

Decision and Order

Abdi v. McAleenan

2019 WL 1915306

April 30, 2019

April 30, 2019

Order/Opinion
151

1:17-cv-00721

Decision and Order

Abdi v. McAleenan

405 F.Supp.3d 466

Sept. 24, 2019

Sept. 24, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6158392/abdi-v-mayorkas/

Last updated May 28, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

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)

July 28, 2017

July 28, 2017

PACER

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

July 31, 2017

July 31, 2017

PACER

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)

July 31, 2017

July 31, 2017

PACER
2

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)

July 31, 2017

July 31, 2017

PACER
3

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)

Aug. 1, 2017

Aug. 1, 2017

PACER
4

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)

Aug. 2, 2017

Aug. 2, 2017

PACER
5

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

Aug. 3, 2017

Aug. 3, 2017

PACER
6

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)

Aug. 3, 2017

Aug. 3, 2017

PACER
7

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

Aug. 4, 2017

Aug. 4, 2017

PACER
8

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)

Aug. 4, 2017

Aug. 4, 2017

PACER
9

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)

Aug. 4, 2017

Aug. 4, 2017

PACER
10

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)

Aug. 7, 2017

Aug. 7, 2017

PACER
11

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)

Aug. 10, 2017

Aug. 10, 2017

PACER
12

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)

Aug. 10, 2017

Aug. 10, 2017

PACER
13

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)

Aug. 11, 2017

Aug. 11, 2017

PACER
14

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

Aug. 21, 2017

Aug. 21, 2017

PACER
15

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

Aug. 21, 2017

Aug. 21, 2017

PACER
16

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)

Aug. 21, 2017

Aug. 21, 2017

PACER
17

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)

Aug. 21, 2017

Aug. 21, 2017

PACER
18

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

Aug. 24, 2017

Aug. 24, 2017

PACER
19

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)

Aug. 25, 2017

Aug. 25, 2017

PACER
20

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)

Aug. 28, 2017

Aug. 28, 2017

PACER
21

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

Aug. 28, 2017

Aug. 28, 2017

PACER
22

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)

Aug. 29, 2017

Aug. 29, 2017

PACER
23

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

Sept. 5, 2017

Sept. 5, 2017

PACER
24

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)

Sept. 6, 2017

Sept. 6, 2017

PACER
25

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

Sept. 8, 2017

Sept. 8, 2017

PACER
26

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)

Sept. 11, 2017

Sept. 11, 2017

PACER
27

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)

Sept. 12, 2017

Sept. 12, 2017

PACER
28

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)

Sept. 13, 2017

Sept. 13, 2017

PACER

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

Sept. 13, 2017

Sept. 13, 2017

PACER
29

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)

Sept. 13, 2017

Sept. 13, 2017

PACER
30

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)

Sept. 14, 2017

Sept. 14, 2017

PACER

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)

Sept. 15, 2017

Sept. 15, 2017

PACER
31

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)

Sept. 15, 2017

Sept. 15, 2017

PACER
32

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)

Sept. 15, 2017

Sept. 15, 2017

PACER
33

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)

Sept. 15, 2017

Sept. 15, 2017

PACER
34

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)

Sept. 18, 2017

Sept. 18, 2017

PACER
35

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)

Sept. 18, 2017

Sept. 18, 2017

PACER
36

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)

Sept. 19, 2017

Sept. 19, 2017

PACER
37

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)

Sept. 19, 2017

Sept. 19, 2017

PACER
38

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)

Sept. 25, 2017

Sept. 25, 2017

PACER
39

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)

Sept. 25, 2017

Sept. 25, 2017

PACER
40

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)

Sept. 26, 2017

Sept. 26, 2017

PACER

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)

Sept. 26, 2017

Sept. 26, 2017

PACER
41

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)

Sept. 27, 2017

Sept. 27, 2017

PACER
42

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)

Sept. 27, 2017

Sept. 27, 2017

PACER
43

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)

Sept. 27, 2017

Sept. 27, 2017

PACER
44

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)

Sept. 29, 2017

Sept. 29, 2017

PACER
45

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)

Sept. 29, 2017

Sept. 29, 2017

PACER

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)

Sept. 29, 2017

Sept. 29, 2017

PACER
46

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)

Oct. 2, 2017

Oct. 2, 2017

PACER
47

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

Oct. 3, 2017

Oct. 3, 2017

PACER
48

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

Oct. 4, 2017

Oct. 4, 2017

PACER
49

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)

Oct. 11, 2017

Oct. 11, 2017

PACER
50

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)

Oct. 20, 2017

Oct. 20, 2017

PACER
51

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)

Oct. 26, 2017

Oct. 26, 2017

PACER
53

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)

Oct. 27, 2017

Oct. 27, 2017

PACER
52

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)

Oct. 30, 2017

Oct. 30, 2017

PACER
54

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)

Nov. 13, 2017

Nov. 13, 2017

PACER
55

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)

Nov. 13, 2017

Nov. 13, 2017

PACER
56

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)

Nov. 17, 2017

Nov. 17, 2017

RECAP
57

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

Nov. 17, 2017

Nov. 17, 2017

PACER
58

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)

Nov. 20, 2017

Nov. 20, 2017

PACER
59

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

Nov. 27, 2017

Nov. 27, 2017

PACER
60

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)

Dec. 7, 2017

Dec. 7, 2017

PACER
61

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

Dec. 7, 2017

Dec. 7, 2017

PACER
62

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)

Dec. 7, 2017

Dec. 7, 2017

PACER
63

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)

Dec. 14, 2017

Dec. 14, 2017

PACER
64

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

Dec. 15, 2017

Dec. 15, 2017

PACER
65

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

Dec. 18, 2017

Dec. 18, 2017

PACER
66

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)

Dec. 19, 2017

Dec. 19, 2017

RECAP
67

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)

Jan. 8, 2018

Jan. 8, 2018

PACER
68

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)

Jan. 8, 2018

Jan. 8, 2018

PACER
69

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)

Jan. 9, 2018

Jan. 9, 2018

PACER
70

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

Jan. 9, 2018

Jan. 9, 2018

PACER
71

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)

Jan. 9, 2018

Jan. 9, 2018

PACER
72

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)

Jan. 9, 2018

Jan. 9, 2018

PACER
73

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)

Jan. 9, 2018

Jan. 9, 2018

PACER

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)

Jan. 9, 2018

Jan. 9, 2018

PACER
74

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)

Jan. 11, 2018

Jan. 11, 2018

PACER

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)

Jan. 12, 2018

Jan. 12, 2018

PACER
75

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)

Jan. 17, 2018

Jan. 17, 2018

PACER
76

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)

Jan. 22, 2018

Jan. 22, 2018

PACER
77

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)

Jan. 23, 2018

Jan. 23, 2018

PACER
78

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)

Jan. 25, 2018

Jan. 25, 2018

PACER
79

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)

Jan. 26, 2018

Jan. 26, 2018

PACER
80

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

Jan. 29, 2018

Jan. 29, 2018

PACER
81

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

Feb. 4, 2018

Feb. 4, 2018

PACER
82

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

Feb. 8, 2018

Feb. 8, 2018

PACER
83

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)

Feb. 9, 2018

Feb. 9, 2018

RECAP
84

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)

Feb. 15, 2018

Feb. 15, 2018

PACER
85

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

Feb. 20, 2018

Feb. 20, 2018

PACER
86

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

March 2, 2018

March 2, 2018

PACER
87

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)

April 13, 2018

April 13, 2018

PACER
88

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)

May 30, 2018

May 30, 2018

PACER
89

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)

May 30, 2018

May 30, 2018

PACER
90

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)

Oct. 30, 2018

Oct. 30, 2018

PACER
91

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)

Oct. 31, 2018

Oct. 31, 2018

PACER
92

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

Nov. 2, 2018

Nov. 2, 2018

PACER

Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Post-WalMart decisions on class certification

Key Dates

Filing Date: July 28, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

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.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

International Refugee Assistance Project (IRAP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The United States, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

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

All Writs Act, 28 U.S.C. § 1651

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: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Habeas Corpus

Language access/needs

Over/Unlawful Detention

Placement in detention facilities

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Asylum - criteria

Asylum - procedure

Constitutional rights

Detention - criteria

Detention - procedures