Case: Palacios v. Sessions

3:18-cv-00026 | U.S. District Court for the Western District of North Carolina

Filed Date: Jan. 17, 2018

Closed Date: May 25, 2020

Clearinghouse coding complete

Case Summary

On January 17, 2018, two immigrants who had been denied bond hearing by judges in the Charlotte Immigration Court filed this putative class-action lawsuit in the U.S. District Court for the Western District of North Carolina. The plaintiffs sued three judges on the Charlotte Immigration Court and federal officials at the Mecklenburg County Jail Central. The plaintiffs -- represented by the Capital Area Immigrants’ Rights Coalition, the American Immigration Council, and private counsel -- sought…

On January 17, 2018, two immigrants who had been denied bond hearing by judges in the Charlotte Immigration Court filed this putative class-action lawsuit in the U.S. District Court for the Western District of North Carolina. The plaintiffs sued three judges on the Charlotte Immigration Court and federal officials at the Mecklenburg County Jail Central. The plaintiffs -- represented by the Capital Area Immigrants’ Rights Coalition, the American Immigration Council, and private counsel -- sought injunctive relief, claiming violations of the Immigration and Nationality Act (8 U.S.C. §§1101), Administrative Procedure Act (5 U.S.C. §§551), and the Fifth Amendment’s Due Process Clause. The plaintiffs alleged that judges at the Charlotte Immigration Court declined to exercise jurisdiction over bond hearings by detainees who were transferred by the Department of Homeland Security to a location outside of North or South Carolina before the bond hearing.

Specifically, the plaintiffs alleged that three Immigration Judges (IJs) at Charlotte refused to hold bond hearings. Instead, the plaintiffs alleged that the judges would rubber stamp bond hearing requests for detainees with a stamp that read “the Court declines to exercise its authority.” This forced the plaintiffs into longer periods of incarceration before they could get a bond hearing with a different judge. This was made possible by the Department of Homeland Security’s (DHS’s) policy of transferring detainees out of North and South Carolina only after the detainees had filed bond hearing requests. Both detainees were released on bond after appearing before a judge in Lumpkin, Georgia. The plaintiffs sought class certification for other detainees who had filed bond hearing requests before these three IJs.

On April 12, 2018, the federal defendants filed a motion to dismiss. The defendants alleged that the court did not have subject-matter jurisdiction over the case and that the plaintiffs lacked standing because they were released from detention in Georgia. Magistrate Judge David S. Cayer believed that the plaintiffs had standing to sue, but recommended that the motion to dismiss be granted because the court did not have subject-matter jurisdiction over IJs' discretionary decisions under 8 U.S.C. §§ 1226(e) and 1252(a)(2)(B)(ii). 2018 WL 6333706. Only the issue of subject matter jurisdiction was contested by the plaintiffs before District Judge Robert J. Conrad, Jr., who adopted the Magistrate Judge’s findings and granted the motion to dismiss. Judge Conrad also denied the plaintiff’s motion to certify the class as moot. 2018 WL 4693809. On November 16, 2018, the plaintiffs filed a notice of appeal to the 4th Circuit. Oral argument was tentatively scheduled for December 2019, but a joint motion to remove the case from the calendar was submitted on November 21, 2019.

A joint status report from both parties was submitted in February of 2020. Shortly after, the appeal was voluntarily dismissed by the parties; the content of the joint status report could not be accessed. The case is now closed.

Summary Authors

Olivia Wheeling (9/25/2019)

John Duffield (8/9/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6291835/parties/palacios-v-sessions/


Judge(s)

Cayer, David S. (North Carolina)

Conrad, Robert James Jr. (North Carolina)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Greer, Jordan Forsythe (North Carolina)

Laing, David Jamison (District of Columbia)

Macleod-Ball, Kristin A. (Massachusetts)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Perrin, Sean F. (North Carolina)

Weintraub, J. Max (District of Columbia)

Judge(s)

Cayer, David S. (North Carolina)

Conrad, Robert James Jr. (North Carolina)

Attorneys(s) for Plaintiff

Appelbaum, Adina Bassim (District of Columbia)

Greer, Jordan Forsythe (North Carolina)

Laing, David Jamison (District of Columbia)

Macleod-Ball, Kristin A. (Massachusetts)

Realmuto, Trina (Massachusetts)

Attorneys(s) for Defendant

Perrin, Sean F. (North Carolina)

Weintraub, J. Max (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 25, 2020 Docket
1

Class Action Complaint and Petition for Writ of Habeas Corpus

Jan. 17, 2018 Complaint
26

Memorandum and Recommendation and Order

2018 WL 6333706

June 26, 2018 Order/Opinion
30

Order

2018 WL 4693809

Oct. 1, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6291835/palacios-v-sessions/

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

ECF Number Description Date Link
1

COMPLAINT Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus against All Defendants ( Filing fee $ 400 receipt number 0419-3566712), filed by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Attachments: # 1 Cover Sheet Civil Cover Sheet)(Greer, Jordan) (Entered: 01/17/2018)

Jan. 17, 2018 PACER
2

MOTION to Certify Class by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. Responses due by 1/31/2018 plus an additional 3 days if served by mail (Attachments: # 1 Proposed Order Proposed Order, # 2 Memorandum Brief in Support of Class Certification Motion, # 3 Exhibit Index of Exhibits, # 4 Affidavit First Macleod-Ball Declaration, # 5 Exhibit Custody Orders - Defendant Couch, # 6 Exhibit Custody Orders - Defendant Pettinato, # 7 Exhibit Custody Orders - Defendant Holmes-Simmons, # 8 Exhibit Moriello Declaration, # 9 Exhibit Parsonage Declaration, # 10 Exhibit Widdison Declaration, # 11 Exhibit Aziz Declaration, # 12 Exhibit Concha Declaration, # 13 Exhibit Pierce Declaration, # 14 Exhibit Lopez Declaration, # 15 Exhibit Heroy Declaration, # 16 Exhibit Melo Declaration, # 17 Exhibit Smallwood Declaration, # 18 Exhibit Yanez Declaration, # 19 Exhibit McKinney Declaration, # 20 Exhibit Cauley Declaration, # 21 Exhibit Hatch Declaration, # 22 Exhibit Richards Declaration, # 23 Exhibit Latorre Declaration, # 24 Exhibit Snyder Declaration, # 25 Exhibit Gilchrist Declaration, # 26 Exhibit Gardner Declaration, # 27 Exhibit Beckett Declaration, # 28 Exhibit Rosenbluth Declaration, # 29 Exhibit Jong Declaration, # 30 Exhibit Patel Declaration, # 31 Exhibit Stein Declaration, # 32 Exhibit Warden-Hertz Declaration, # 33 Exhibit Torrey Declaration, # 34 Exhibit Hinson Declaration, # 35 Exhibit Chicas Declaration, # 36 Exhibit Ibrahim Declaration, # 37 Exhibit Ribe Declaration, # 38 Exhibit Blessinger Declaration, # 39 Exhibit Antonini Declaration, # 40 Exhibit Small Declaration, # 41 Exhibit IJ Standing Orders, # 42 Exhibit Charlotte Court Memo, # 43 Exhibit AILA Meeting Minutes, # 44 Exhibit Realmuto Declaration, # 45 Exhibit Second Macleod-Ball Declaration, # 46 Exhibit Greer Declaration, # 47 Exhibit Appelbaum Declaration, # 48 Exhibit Laing Declaration, # 49 Exhibit Palacios Declaration, # 50 Exhibit Palacios Bond Motion Cover Page, # 51 Exhibit Palacios Waiver of Appearance, # 52 Exhibit Palacios Bond Hearing Notice, # 53 Exhibit Palacios Proof of Custody, # 54 Exhibit Cardenas Lozoya Declaration, # 55 Exhibit Cardenas Lozoya Bond Motion Cover Page, # 56 Exhibit Cardenas Lozoya Waiver of Appearance, # 57 Exhibit Cardenas Lozoya Bond Decision, # 58 Exhibit Cardenas Lozoya Bond Hearing Notice)(Greer, Jordan) (Entered: 01/17/2018)

Jan. 17, 2018 PACER

Case assigned to Senior Judge Graham Mullen. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(brl)

Jan. 17, 2018 PACER
3

Summons Issued Electronically as to All Defendants, US Attorney and US Attorney General. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 and Local Rule 73.1(A)(2). (Attachments: # 1 Summons - McHenry, # 2 Summons - Keller, # 3 Summons - Nadkarni, # 4 Summons - Couch, # 5 Summons - Pettinato, # 6 Summons - Holmes-Simmons, # 7 Summons - Gallagher, # 8 Summons - White, # 9 Summons - Peterson)(brl) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
4

MOTION for Leave to Appear Pro Hac Vice as to Kristin Macleod-Ball by Jordan Forsythe Greer Filing fee $ 281, receipt number 0419-3567852. by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Greer, Jordan) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
5

MOTION for Leave to Appear Pro Hac Vice as to Trina Realmuto by Jordan Forsythe Greer Filing fee $ 281, receipt number 0419-3567862. by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Greer, Jordan) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
6

MOTION for Leave to Appear Pro Hac Vice as to Adina Appelbaum by Jordan Forysythe Greer Filing fee $ 281, receipt number 0419-3567865. by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Greer, Jordan) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
7

MOTION for Leave to Appear Pro Hac Vice as to David Laing Jordan Forsythe Greer Filing fee $ 281, receipt number 0419-3567867. by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Greer, Jordan) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
8

Summons Issued Electronically as to US Attorney. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 and Local Rule 73.1(A)(2). (brl) (Entered: 01/19/2018)

Jan. 19, 2018 PACER

Case reassigned to District Judge Robert J. Conrad, Jr. Senior Judge Graham Mullen no longer assigned to the case. Any pending hearings are cancelled. This is your only notice - you will not receive a separate document.(ttl)

Jan. 22, 2018 PACER

Added Magistrate Judge David S. Cayer; Motions referred to David S. Cayer: 4 MOTION for Leave to Appear Pro Hac Vice as to Kristin Macleod-Ball by Jordan Forsythe Greer Filing fee $ 281, receipt number 0419-3567852., 5 MOTION for Leave to Appear Pro Hac Vice as to Trina Realmuto by Jordan Forsythe Greer Filing fee $ 281, receipt number 0419-3567862., 6 MOTION for Leave to Appear Pro Hac Vice as to Adina Appelbaum by Jordan Forysythe Greer Filing fee $ 281, receipt number 0419-3567865., 7 MOTION for Leave to Appear Pro Hac Vice as to David Laing Jordan Forsythe Greer Filing fee $ 281, receipt number 0419-3567867. (eef)

Jan. 26, 2018 PACER
9

AFFIDAVIT of Service filed by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. All Defendants. (Attachments: # 1 Exhibit Exhibit A - Proof of Service)(Greer, Jordan) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
10

Corporate Disclosure Statement by Jorge Miguel Palacios (Greer, Jordan) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
11

Corporate Disclosure Statement by Jesus Eduardo Cardenas Lozoya (Greer, Jordan) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
12

ORDER granting 4 Motion for Leave to Appear Pro Hac Vice; granting 5 Motion for Leave to Appear Pro Hac Vice; granting 6 Motion for Leave to Appear Pro Hac Vice; granting 7 Motion for Leave to Appear Pro Hac Vice. Kristin Macleod-Ball,Trina Realmuto,Adina Appelbaum,David Laing for Jorge Miguel Palacios and Jesus Eduardo Cardenas Lozoya. Signed by Magistrate Judge David S. Cayer on 02/02/2018. (brl) (Entered: 02/02/2018)

Feb. 2, 2018 RECAP

Notice to Kristin Macleod-Ball: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 2/9/2018. (brl)

Feb. 2, 2018 PACER

Notice to Trina Realmuto: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 2/9/2018. (brl)

Feb. 2, 2018 PACER

Notice to Adina Appelbaum: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 2/9/2018. (brl)

Feb. 2, 2018 PACER

Notice to David Laing: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 2/9/2018. (brl)

Feb. 2, 2018 PACER
13

MOTION to Dismiss by T.E. White. Responses due by 2/23/2018 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit 1- 287G Agreement)(Perrin, Sean). Motions referred to David S. Cayer. (Entered: 02/09/2018)

Feb. 9, 2018 PACER
14

RESPONSE re 13 MOTION to Dismiss Plaintiffs' Response To Defendant Telisa White's Motion To Dismiss by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Greer, Jordan) (Entered: 02/23/2018)

Feb. 23, 2018 PACER

Set Deadlines as to 13 MOTION to Dismiss . Replies due by 3/2/2018 plus an additional 3 days if served by mail (tob)

Feb. 27, 2018 PACER
15

NOTICE of Appearance by J. Max Weintraub on behalf of V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni, Barry J. Pettinato, Jefferson B. Sessions, III (Weintraub, J. Max) (Entered: 02/27/2018)

Feb. 27, 2018 PACER
16

Unopposed MOTION for Extension of Time to File Response/Reply re: 2 MOTION to Certify Class and Complaint (Stipulated) by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni, Barry J. Pettinato, Jefferson B. Sessions, III. Responses due by 3/14/2018 plus an additional 3 days if served by mail (Attachments: # 1 Proposed Order)(Weintraub, J. Max). Motions referred to David S. Cayer. (Entered: 02/28/2018)

Feb. 28, 2018 PACER
17

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint. V. Stuart Couch answer due 4/13/2018; Sean W. Gallagher answer due 4/13/2018; Theresa Holmes-Simmons answer due 4/13/2018; MaryBeth Keller answer due 4/13/2018; James McHenry answer due 4/13/2018; Deepali Nadkarni answer due 4/13/2018; Barry J. Pettinato answer due 4/13/2018; Jefferson B. Sessions, III answer due 4/13/2018; granting briefing schedule in re 2 MOTION to Certify Class . Responses due by 4/13/2018 plus an additional 3 days if served by mail Replies due by 4/27/2018 plus an additional 3 days if served by mail; granting 5/4/2018 deadline for Plaintiffs opposition to Federal Defendants motion to dismiss; granting 5/11/2018 deadline for Defendants reply to Plaintiffs opposition to any motion to dismiss filed by Defendants. Signed by Magistrate Judge David S. Cayer on 3/1/18. (tob) (Entered: 03/01/2018)

March 1, 2018 PACER

Set/Reset Deadlines as to 2 MOTION to Certify Class . Responses due by 4/13/2018 plus an additional 3 days if served by mail Replies due by 4/27/2018 plus an additional 3 days if served by mail (tob)

March 1, 2018 PACER
18

REPLY to Response to Motion re 13 MOTION to Dismiss by T.E. White. (Attachments: # 1 Exhibit 1)(Perrin, Sean) (Entered: 03/01/2018)

March 1, 2018 PACER
19

MOTION for Extension of Time to Answer re: 1 Complaint, and to respond to motion to certify a class by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni, Barry J. Pettinato, Jefferson B. Sessions, III. (Attachments: # 1 Proposed Order)(Weintraub, J. Max). Motions referred to David S. Cayer. (Entered: 03/19/2018)

March 19, 2018 PACER
20

Notice of Withdrawal of document by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni, Barry J. Pettinato, Jefferson B. Sessions, III ***Documents terminated: 19 MOTION for Extension of Time to Answer re: 1 Complaint, and to respond to motion to certify a class filed by Theresa Holmes-Simmons, Jefferson B. Sessions, III, V. Stuart Couch, Sean W. Gallagher, Deepali Nadkarni, James McHenry, MaryBeth Keller, Barry J. Pettinato. (Weintraub, J. Max) (Entered: 03/19/2018)

March 19, 2018 PACER
21

MOTION to Dismiss by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni. Responses due by 4/26/2018 plus an additional 3 days if served by mail (Attachments: # 1 Memorandum, # 2 Exhibit Declaration, # 3 Exhibit Bond Order)(Weintraub, J. Max). Motions referred to David S. Cayer. (Entered: 04/12/2018)

April 12, 2018 PACER
22

MEMORANDUM in Opposition re 2 MOTION to Certify Class by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni. Replies due by 4/20/2018 plus an additional 3 days if served by mail (Weintraub, J. Max) (Entered: 04/13/2018)

April 13, 2018 PACER
23

REPLY to Response to Motion re 2 MOTION to Certify Class by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Attachments: # 1 Exhibit Exhibit List, # 2 Exhibit Forsythe Greer Declaration, # 3 Exhibit Moriello Declaration)(Realmuto, Trina) (Entered: 04/27/2018)

April 27, 2018 PACER
24

MEMORANDUM in Opposition re 21 MOTION to Dismiss by Federal Defendants by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. Replies due by 5/11/2018 plus an additional 3 days if served by mail (Attachments: # 1 Exhibit Third Macleod-Ball Declaration, # 2 Exhibit January 31, 2018 order, # 3 Exhibit January 30, 2018 order, # 4 Exhibit February 6, 2018 hearing notice)(Realmuto, Trina) (Entered: 05/04/2018)

May 4, 2018 PACER
25

REPLY to Response to Motion re 21 MOTION to Dismiss by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni, Barry J. Pettinato, Jefferson B. Sessions, III. (Weintraub, J. Max) (Entered: 05/11/2018)

May 11, 2018 PACER
26

MEMORANDUM AND RECOMMENDATION AND ORDER on 21 MOTION to Dismiss filed by Sean W. Gallagher, V. Stuart Couch, Deepali Nadkarni, Theresa Holmes-Simmons, James McHenry, MaryBeth Keller, 13 MOTION to Dismiss filed by T.E. White Objections to M&R due by 7/10/2018 plus an additional 3 days if served by mail. IT IS ORDERED that all further proceedings in this action, including all discovery, are STAYED pending the District Judges ruling on this Memorandum and Recommendation and Order. Signed by Magistrate Judge David S. Cayer on 6/26/18. (tob) (Entered: 06/26/2018)

June 26, 2018 PACER
27

OBJECTION to 26 Memorandum and Recommendations by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. Replies due by 7/24/2018 plus an additional 3 days if served by mail (Realmuto, Trina) (Entered: 07/10/2018)

July 10, 2018 PACER
28

REPLY to Objection to 26 Memorandum and Recommendations by V. Stuart Couch, Sean W. Gallagher, Theresa Holmes-Simmons, MaryBeth Keller, James McHenry, Deepali Nadkarni, Barry J. Pettinato, Jefferson B. Sessions, III. (Weintraub, J. Max) (Entered: 07/24/2018)

July 24, 2018 PACER
29

MOTION to Withdraw as Attorney for David Laing by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. (Realmuto, Trina). Motions referred to David S. Cayer. (Entered: 09/20/2018)

Sept. 20, 2018 PACER

TEXT-ONLY ORDER granting 29 Motion to Withdraw as Attorney. Attorney David Jamison Laing terminated. Entered by Magistrate Judge David S. Cayer on September 20, 2018. (DSC)

Sept. 20, 2018 PACER
30

ORDER adopting 26 Memorandum and Recommendations; granting 21 Motion to Dismiss ; denying as moot 2 Motion to Certify Class; denying as moot 13 Motion to Dismiss. The Clerk of Court is directed to close this case. Signed by District Judge Robert J. Conrad, Jr on 09/29/2018. (brl) (Entered: 10/01/2018)

Oct. 1, 2018 RECAP
31

CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 10/1/2018. Signed by Clerk, Frank G. Johns. (brl) (Entered: 10/01/2018)

Oct. 1, 2018 RECAP
32

NOTICE OF APPEAL as to 30 Order on Motion to Dismiss,, Order on Memorandum and Recommendations,, Order on Motion to Certify Class,,, 31 Clerk's Judgment by Jesus Eduardo Cardenas Lozoya, Jorge Miguel Palacios. Filing fee $ 505, receipt number 0419-3865130. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Attachments: # 1 Exhibit Order, # 2 Exhibit Judgment)(Realmuto, Trina) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
33

Transmission of Notice of Appeal to US Court of Appeals re 32 Notice of Appeal (brl) (Entered: 11/16/2018)

Nov. 16, 2018 PACER
34

USCA Case Number 18-7408 for 32 Notice of Appeal, USCA Case Manager: Cathi Bennett. (ni) (Entered: 11/21/2018)

Nov. 21, 2018 PACER
35

MANDATE of USCA as to 32 Notice of Appeal [18-7408]. (Attachments: # 1 Order Granting Motion to Dismiss Appeal)(reh) (Entered: 03/25/2020)

March 25, 2020 PACER

State / Territory: North Carolina

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 17, 2018

Closing Date: May 25, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two residents of North Carolina held in Mecklenburg Country Jail Central for immigration proceedings.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Chief Immigration Judge, Federal

Immigration Judges (Charlotte, NC), Federal

Facility Commander (Mecklenburg), County

Warden (Lumpkin, GA), Federal

Assistant Chief Immigration Judge, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Justice, Federal

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

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

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

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

Mandamus, 28 U.S.C. § 1361

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Access to lawyers or judicial system

Fines/Fees/Bail/Bond

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Detention - criteria

Detention - procedures