Case: Trinh v. Homan

8:18-cv-00316 | U.S. District Court for the Central District of California

Filed Date: Feb. 22, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 22, 2018, four Vietnamese refugees filed this habeas petition and class action lawsuit challenging U.S. Immigration and Customs Enforcement (ICE) for allegedly arbitrarily and unlawfully detaining them.In January 2008, the United States and Vietnam entered an agreement governing the repatriation of Vietnamese nationals facing final orders of removal to Vietnam. One limit made part of the agreement was Vietnam's decision not to agree to repatriation of any national who had arrived in…

On February 22, 2018, four Vietnamese refugees filed this habeas petition and class action lawsuit challenging U.S. Immigration and Customs Enforcement (ICE) for allegedly arbitrarily and unlawfully detaining them.

In January 2008, the United States and Vietnam entered an agreement governing the repatriation of Vietnamese nationals facing final orders of removal to Vietnam. One limit made part of the agreement was Vietnam's decision not to agree to repatriation of any national who had arrived in the United States before July 12, 1995. As a result, from 2008-2016, ICE maintained a policy of releasing Vietnamese nationals facing final orders of removal from ICE custody, given the impracticability of their deportation. However, in 2016, ICE reversed its policy, detaining Vietnamese nationals with final orders of removal indefinitely.

In the original complaint, the petitioners argued that this change in policy violated 8 U.S.C. § 1231, which prescribes a 90-day "removal period" in which to remove the detainee. Petitioners relied heavily upon the Supreme Court's 2001 opinion in Zadvydas v. Davis (533 U.S. 678), which held that Due Process precludes the United States from indefinitely detaining immigrants for whom it is not "reasonably foreseeable" that deportation can occur. In addition, petitioners argued that failing to provide an individualized assessment as to whether or not detention is even necessary, due to danger or flight risk, also violated 8 U.S.C. § 1231 and Due Process. Petitioners sought habeas, declaratory, and injunctive relief. Represented by Asian Americans Advancing Justice and the private law firms Reed Smith and Davis Adams, the habeas petition was filed in the U.S. District Court for the Central District of California (in Santa Ana).

The petition proposed three classes of Vietnamese refugees held after receiving final orders of removal: those detained for more than 90 days (90-day class), those detained for more than 180 days (180-day class), and those detained for longer than 180 days without an individualized hearing to assess whether detention is necessary based on danger or flight risk (prolonged detention class). All class members arrived in the U.S. before 1995 and had lived in the United States as legal permanent residents (LPR) ever since. Class members faced removal proceedings after becoming involved with the criminal justice system and losing their LPR status.

The case was initially assigned to Judge John A. Kronstadt. However, the plaintiffs in Chhoeun v. Marin, a case challenging ICE's detention of Cambodian refugees stripped of their legal permanent resident status due to criminal convictions, moved to relate this case to that one. On March 14, 2018, the motion was granted, and both cases were assigned to Judge Cormac J. Carney.

On April 25, 2018, the petitioners moved for a preliminary injunction to secure the release of the named defendants. However, soon thereafter, ICE released them from detention, mooting the motion. At this point, the government moved to dismiss the petition, arguing that its claims were now moot. Petitioners responded by filing an amended complaint, acknowledging that the original named petitioners had been released from ICE custody and adding new named petitioners who were in ICE detention at the time of filing.

In light of the amended complaint, Judge Cormac J. Carney dismissed the motion for a preliminary injunction on May 23, 2018, simply noting that the injunction was superseded by the new complaint and that the need for release no longer applied to the named petitioners in the original complaint. 2018 WL 3357577.

Judge Carney denied the government’s motion to dismiss on September 6, 2018. 333 F. Supp. 3d 984. The court held that the petitioners' claims were not moot because, although the named petitioners were released from detention, they could still be re-detained at any time and therefore still had a live habeas relief interest. The court also held that the petitioners had successfully pleaded claims upon which relief could be granted as to their assertions that their post-removal order detention was unlawful when removal was not likely in the foreseeable future and that detentions over six months without individualized bond hearings are unlawful.

On October 18, 2018, Judge Carney granted in part and denied in part class certification, granting certification to the 90-day and 180-day classes only as to the declaratory "issues of whether the Class has overcome the six month presumption of reasonableness and met its burden under Zadvydas [v. Davis (533 U.S. 678)]," declining to certify on the injunctive issue that would have limited the government's authority to detain immigrants past 180 days. The court furthermore certified the prolonged detention class, seeking injunctive relief to compel bond hearings for the detainees. 2018 WL 11184556.

After a year and a half of discovery, the petitioners moved for summary judgment on March 6, 2020, and the government cross-filed a month later on April 10. On June 11, 2020, the government's motion was granted in substantial part, settling all of the declaratory issues in favor of the government. Judge Carney's opinion repeatedly noted the validity of the petitioners' arguments, writing that "many class members may be able to show that there is 'good reason to believe' their removal is unlikely" but concluded that sweeping declarations as such would be inappropriate where individualized, fact-intensive review is the norm, noting that Zadvydas claims are usually made in individual habeas hearings.

Following this ruling, the petitioners moved to reconsider but then withdrew their motion. From there, the case went silent until May 5, 2021 when Judge Carney ordered the parties to show cause as to why the case should not be dismissed and closed. The petitioners have since responded to that order; however the contents of their response have been sealed for reasons unknown. It is unclear how the change from the Trump presidential administration to the Biden administration has affected this case. Under the Biden administration, on March 15, 2021, 33 Vietnamese nationals, including at least one who arrived in the United States before 1995, were deported to Vietnam. The case is ongoing.

Summary Authors

Ava Morgenstern (5/5/2018)

Ellen Aldin (6/8/2020)

Eilidh Jenness (4/7/2021)

Sean Drohan (7/20/2021)

Related Cases

Chhoeun v. Marin, Central District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6625853/parties/hoang-trinh-v-thomas-d-homan/


Judge(s)

Carney, Cormac J. (California)

Standish, Gail J. (California)

Attorneys(s) for Plaintiff

Butler, Christopher M. (California)

Cardozo, Raymond A. (California)

Davis, Jesse Anderson (Georgia)

Derderian, Patil (California)

Duong, Le T. (California)

Hoq, Laboni Amena (California)

Kao, Winifred (California)

Kim, Melanie Chun-Yu (California)

Judge(s)

Carney, Cormac J. (California)

Standish, Gail J. (California)

Attorneys(s) for Plaintiff

Butler, Christopher M. (California)

Cardozo, Raymond A. (California)

Davis, Jesse Anderson (Georgia)

Derderian, Patil (California)

Duong, Le T. (California)

Hoq, Laboni Amena (California)

Kao, Winifred (California)

Kim, Melanie Chun-Yu (California)

Lapinig, Christopher M. (California)

Lo, Kevin Chun Hoi (California)

Nguyen, Phi U. (Georgia)

Prasad, Anoop (California)

Tabibkhoei, Farah (California)

Uong, Tuan Van (California)

Wood, Jarrad Lucian (California)

Zhao, Jingni (California)

Attorneys(s) for Defendant

Chen, Hans (District of Columbia)

Kurz, Julian (District of Columbia)

Liggett, Troy D. (District of Columbia)

Miller, Steven C. (California)

Documents in the Clearinghouse

Document

8:18-cv-00316

Docket [PACER]

July 13, 2021

July 13, 2021

Docket
1

8:18-cv-00316

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

Feb. 22, 2018

Feb. 22, 2018

Complaint
27

8:18-cv-00316

First Amended Habeas Corpus Class Action Petition and Class Action Complaint for Declaratory and Injunctive Relief

May 11, 2018

May 11, 2018

Complaint
40

8:18-cv-00316

Order Denying Without Prejudice Petitioners' Motion for a Preliminary Injunction and for Provisional Class Certification

2018 WL 3357577

May 23, 2018

May 23, 2018

Order/Opinion
66

8:18-cv-00316

Order Denying Defendants' Motion to Dismiss and Habeas Return

333 F.Supp.3d 984

Sept. 6, 2018

Sept. 6, 2018

Order/Opinion
75

8:18-cv-00316

Order Denying in Part and Denying in Part Petitioners' Motion for Class Certification

2018 WL 11184556

Oct. 18, 2018

Oct. 18, 2018

Order/Opinion
146

8:18-cv-00316

Order on Cross Motions for Summary Judgment [Dkts. 119, 124]

466 F.Supp.3d 1077

June 11, 2020

June 11, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6625853/hoang-trinh-v-thomas-d-homan/

Last updated May 31, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus by a Person in Federal Custody (28 USC 2241), Receipt No. 0973-21303112 for $5 filing fee, filed by Petitioners Long Nguyen, Vu Ha, Ngoc Hoang, Hoang Trinh. (Attachments: # 1 Attachment A to Habeas Corpus Class Action Petition And Class Action Complaint For Declaratory And Injunctive Relief) (Attorney Tuan Van Uong added to party Vu Ha(pty:pet), Attorney Tuan Van Uong added to party Ngoc Hoang(pty:pet), Attorney Tuan Van Uong added to party Long Nguyen(pty:pet), Attorney Tuan Van Uong added to party Hoang Trinh(pty:pet))(Uong, Tuan) (Entered: 02/22/2018)

1 Attachment A to Habeas Corpus Class Action Petition And Class Action Complaint

View on PACER

Feb. 22, 2018

Feb. 22, 2018

PACER
2

CIVIL COVER SHEET filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Attachments: # 1 Attachment to Civil Cover Sheet)(Uong, Tuan) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
3

NOTICE of Interested Parties filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh, identifying none known. (Uong, Tuan) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
4

NOTICE of Related Case(s) filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Related Case(s): 8:17-cv-01898-CJC (GJSx) (Uong, Tuan) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
5

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1, Civil Cover Sheet (CV-71) 2, Certificate/Notice of Interested Parties 3, Notice of Related Case(s) 4 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 02/22/2018)

Feb. 22, 2018

Feb. 22, 2018

PACER
6

APPLICATION of Non-Resident Attorney Phi U. Nguyen to Appear Pro Hac Vice on behalf of Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21303626) filed by PLAINTIFFS Vu Ha, Ngoc Hoang, Lo ng Nguyen, Hoang Trinh. (Attachments: # 1 Proposed Order) (Attorney Laboni A Hoq added to party Vu Ha(pty:pet), Attorney Laboni A Hoq added to party Ngoc Hoang(pty:pet), Attorney Laboni A Hoq added to party Long Nguyen(pty:pet), Attorney Laboni A Hoq added to party Hoang Trinh(pty:pet)) (Hoq, Laboni) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
7

APPLICATION of Non-Resident Attorney Jesse A. Davis III to Appear Pro Hac Vice on behalf of Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21303682) filed by PLAINTIFFS Vu Ha, Ngoc Hoan g, Long Nguyen, Hoang Trinh. (Attachments: # 1 Proposed Order) (Hoq, Laboni) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
8

NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge John A. Kronstadt and referred to Magistrate Judge Paul L. Abrams, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (ghap) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
9

NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, 5 . The following error(s) was found: Do not put "et al" on the summons caption.. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
10

Request for Clerk to Issue Summons on Petition for Writ of Habeas Corpus,, 1, Civil Cover Sheet (CV-71) 2, Certificate/Notice of Interested Parties 3, Summons Request, 5, Notice of Related Case(s) 4 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

RECAP
11

60 DAY Summons Issued re Petition for Writ of Habeas Corpus,, 1 as to Defendants Thomas D Homan, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (sbou) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

RECAP
12

21 DAY Summons Issued re Petition for Writ of Habeas Corpus,, 1 as to Defendant Sandra Hutchens. (sbou) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
13

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: SACV17-01898 CJC (GJSx). Case transferred from Judge John A. Kronstadt to Judge Cormac J. Carney for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV18-00316 CJC (PLA). Signed by Judge Cormac J. Carney. (lwag) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

PACER
14

Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Adding Hans H. Chen as counsel of record for Thomas D. Homan, et al. for the reason indicated in the G-123 Notice. Filed by Respondents Thomas D. Homan, et al.. (Attorney Hans Chen added to party Thomas D Homan(pty:res), Attorney Hans Chen added to party Sandra Hutchens(pty:res), Attorney Hans Chen added to party David Marin(pty:res), Attorney Hans Chen added to party Kirstjen M. Nielsen(pty:res), Attorney Hans Chen added to party Jefferson B Sessions III(pty:res), Attorney Hans Chen added to party Warden(pty:res))(Chen, Hans) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
15

NOTICE OF CLERICAL ERROR: Due to clerical error Re: Transferring Case purs GO 16-05 (Related Case)(CV 34), 13 The Notice to Counsel from Clerk portion of the transfer order did not reflect the correct magistrate judge for the reassignment of the case. The Case has been reassigned from Magistrate Judge Paul L. Abrams to Magistrate Judge Gail J. Standish. The case will now reflect the initials of the transferee Judge SACV 18-00316 CJC (GJS). (mca) (Entered: 03/02/2018)

March 2, 2018

March 2, 2018

RECAP
16

ORDER VACATING REFERENCE TO MAGISTRATE JUDGE by Judge Cormac J. Carney. Reference of case to Magistrate Judge Gail J. Standish is vacated. Case transferred to the calendar of Magistrate Judge Gail J. Standish for Discovery. Case number now reads as 8:18-cv-00316 CJC(GJSx). (rn) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

RECAP
17

NOTICE of Appearance filed by attorney Raymond A Cardozo on behalf of Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh (Attorney Raymond A Cardozo added to party Vu Ha(pty:pet), Attorney Raymond A Cardozo added to party Ngoc Hoang(pty:pet), Attorney Raymond A Cardozo added to party Long Nguyen(pty:pet), Attorney Raymond A Cardozo added to party Hoang Trinh(pty:pet))(Cardozo, Raymond) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
18

ORDER by Judge Cormac J. Carney, GRANTING 6 Non-Resident Attorney Phi U. Nguyen APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) Hoang Trinh, Vu Ha, Long Nguyen, and Ngoc Hoang, designating Laboni Hoq as local counsel. (es) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
19

ORDER by Judge Cormac J. Carney, GRANTING 7 Non-Resident Attorney Jesse A Davis, III APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff(s) Hoang Trinh, Vu Ha, Long Nguyen, and Ngoc Hoang, designating Laboni Hoq as local counsel. (es) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
20

NOTICE of Change of Attorney Business or Contact Information: for attorney Laboni A Hoq counsel for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Changing Address to 5680 Oakbrook Parkway, Suite 148, Norcross, Georgia 30093. Filed by Petitioners Hoang Trinh, Vu Ha, Long Nguyen, and Ngoc Hoang. (Hoq, Laboni) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
21

NOTICE of Change of address by Phi U Nguyen attorney for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Changing attorneys address to 5680 Oakbrook Parkway, Suite 148, Norcross, Georgia 30093. Filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Nguyen, Phi) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
22

NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Motion set for hearing on 6/4/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum of Points and Authorities in Support of Petitioners Motions for a Preliminary Injunction and for Provisional Class Certification, # 2 Declaration of Raymond A. Cordozo in Support of Petitioners Motions, # 3 Declaration of Tuan Hoang in Support of Petitioners Motions, # 4 Declaration of Nancy Nguyen in Support of Petitioners Motions, # 5 Declaration of Tri Nguyen in Support of Petitioners Motions, # 6 Declaration of Tania Pham in Support of Petitioners Motions, # 7 Declaration of Hien Le in Support of Petitioners Motions, # 8 Declaration of Corey Endo in Support of Petitioners Motions, # 9 Declaration of Hoang Trinh in Support of Petitioners Motions, # 10 Declaration of Phi Nguyen in Support of Petitioners Motions, # 11 Declaration of Jingni Zhao in Support of Petitioners Motions, # 12 Declaration of Thu-Hoang Nguyen-Vo in Support of Petitioners Motions, # 13 Declaration of Ngoc Hoang in Support of Petitioners Motions, # 14 Declaration of Hoang Bao Nguyen in Support of Petitioners Motions, # 15 Declaration of Robert Huynh in Support of Petitioners Motions, # 16 Declaration of Vu T Ha in Support of Petitioners Motions, # 17 Declaration of Long Nguyen in Support of Petitioners Motions, # 18 Declaration of Laboni Hoq in Support of Petitioners Motions, # 19 Declaration of Jesse A Davis III in Support of Petitioners Motions, # 20 Declaration of Viet Van Nguyen in Support of Petitioners Motions, # 21 Declaration of Linh Huynh in Support of Petitioners Motions, # 22 Proposed Order Granting Petitioners Motions for a Preliminary Injunction and Provisional Class Certification) (Uong, Tuan) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
23

REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion 22 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
24

NOTICE OF MOTION AND MOTION to Dismiss Case filed by respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Motion set for hearing on 6/4/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Declaration of Michael V. Bernacke, # 2 Proposed Order) (Chen, Hans) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
25

Notice of Appearance or Withdrawal of Counsel: for attorney Le T Duong counsel for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Adding Le T. Duong as counsel of record for Petitioners for the reason indicated in the G-123 Notice. Filed by Petitioners Hoang Trinh, Vu Ha, Long Nguyen, Ngoc Hoang. (Attorney Le T Duong added to party Vu Ha(pty:pet), Attorney Le T Duong added to party Ngoc Hoang(pty:pet), Attorney Le T Duong added to party Long Nguyen(pty:pet), Attorney Le T Duong added to party Hoang Trinh(pty:pet))(Duong, Le) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
26

STIPULATION for Extension of Time to File Response and Reply as to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion 22, Request for Judicial Notice, 23 filed by respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order)(Chen, Hans) (Entered: 05/10/2018)

May 10, 2018

May 10, 2018

PACER
27

First AMENDED COMPLAINT against Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden amending Petition for Writ of Habeas Corpus,, 1, filed by Petitioners Long Nguyen, Vu Ha, Ngoc Hoang, Hoang Trinh (Attachments: # 1 Attachment A to First Amended Habeas Corpus Class Action Petition And Class Action Complaint For Declaratory And Injunctive Relief)(Uong, Tuan) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

RECAP
28

Notice of Withdrawal of Motion to Dismiss Case, 24 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Chen, Hans) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

RECAP
29

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Warden served on 5/1/2018, answer due 5/22/2018. Service of the Summons and Complaint were executed upon Doe 1: Warden, Adelanto in compliance with California Code of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
30

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Thomas D Homan served on 3/6/2018, answer due 3/27/2018. Service of the Summons and Complaint were executed upon Thomas D. Homan in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
31

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant David Marin served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon David Marin in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
32

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Kirstjen M. Nielsen served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon Kristjen M. Nielsen in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
33

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Jefferson B Sessions III served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon Jefferson B.Sessions III in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
34

PROOF OF SERVICE Executed by Plaintiff Hoang Trinh, upon Defendant Sandra Hutchens served on 3/1/2018, answer due 3/22/2018. Service of the Summons and Complaint were executed upon Sandra Hutchens in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Tabibkhoei, Farah) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
35

ORDER RESETTING HEARING DATE OF PLAINTIFFS' MOTIONS by Judge Cormac J. Carney, IT IS HEREBY FURTHER ORDERED that the hearing on Petitioners Motion for a Preliminary Injunction and for Provisional Class Certification (Motion), ECF No. 22, and for Petitioners Request for Judicial Notice in Support of Motion for a Preliminary Injunction and Provisional Class Certification (Request), ECF No. 23, is reset from June 4, 2018, to June 11, 2018, at 1:30p.m. IT IS HEREBY FURTHER ORDERED that the deadline for Respondents to respond to the Motion and Request is Friday, May 18, 2018, and that the deadline for Petitioners to reply in further support of their Motion and Request is Friday, May 25, 2018. (es) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
36

Notice of Appearance or Withdrawal of Counsel: for attorney Julian Kurz counsel for Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Filed by Respondents Thomas D. Homan, et al.. (Attorney Julian Kurz added to party Thomas D Homan(pty:res), Attorney Julian Kurz added to party Sandra Hutchens(pty:res), Attorney Julian Kurz added to party David Marin(pty:res), Attorney Julian Kurz added to party Kirstjen M. Nielsen(pty:res), Attorney Julian Kurz added to party Jefferson B Sessions III(pty:res), Attorney Julian Kurz added to party Warden(pty:res))(Kurz, Julian) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
37

OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Enjoining Respondents from detaining Petitioners AND FOR PROVISIONAL CLASS CERTIFICATION. Motion 22 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Affidavit of Michael V. Bernacke (supplemental))(Chen, Hans) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
38

OPPOSITION to Pet'rs' Req. for Judicial Notice, ECF No. 23 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Chen, Hans) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
39

(Attorney Steven C Miller added to party Sandra Hutchens(pty:res))(Miller, Steven) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
40

ORDER by Judge Cormac J. Carney: denying without prejudice 22 petitioners' MOTION for Preliminary Injunction and for Provisional Class Certification. (twdb) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
41

EX PARTE APPLICATION for Order for Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline filed by Plaintiff Ngoc Hoang. (Attachments: # 1 Declaration of Jingni Zhao In Support of Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline, # 2 Proposed Order Granting Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline) (Tabibkhoei, Farah) (Entered: 05/23/2018)

1 Declaration of Jingni Zhao In Support of Petitioners' Ex Parte Application

View on PACER

2 Proposed Order Granting Petitioners' Ex Parte Application For An Order Exte

View on PACER

May 23, 2018

May 23, 2018

PACER
42

Notice of Appearance or Withdrawal of Counsel: for attorney Hans Chen counsel for Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Hans Haris Chen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by respondents Thomas D. Homan, et al.. (Chen, Hans) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER
43

STATEMENT of PARTIAL OPPOSITION RE: EX PARTE APPLICATION for Order for Petitioners' Ex Parte Application For An Order Extending Class Certification Deadline 41 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Kurz, Julian) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
44

Joint STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, 27 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden.(Kurz, Julian) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
45

ORDER Granting Petitioner's Ex Parte Application for an Order Extending Class Certification Deadline 41 by Judge Cormac J. Carney: IT IS HEREBY ORDERED that Petitioners deadline to file a class certification motion shall be extended to August 28, 2018 to permit Petitioners to take discovery and develop a sufficient factual record prior to filing their motion for class certification. (lwag) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

RECAP
46

NOTICE of Appearance filed by attorney Troy D Liggett on behalf of Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden (Attorney Troy D Liggett added to party Thomas D Homan(pty:res), Attorney Troy D Liggett added to party Sandra Hutchens(pty:res), Attorney Troy D Liggett added to party David Marin(pty:res), Attorney Troy D Liggett added to party Kirstjen M. Nielsen(pty:res), Attorney Troy D Liggett added to party Jefferson B Sessions III(pty:res), Attorney Troy D Liggett added to party Warden(pty:res))(Liggett, Troy) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
47

ORDER 44 by Judge Cormac J. Carney: The Court hereby approves the parties Stipulation to Extend Time to Respond to First Amended Petition. The Court hereby extends the deadline to respond to Petitioners First Amended Habeas Corpus Class Action Petition and Class Complaint for Declaratory and Injunctive Relief to June 8, 2018. (lwag) (Entered: 06/01/2018)

June 1, 2018

June 1, 2018

PACER
48

EX PARTE APPLICATION for Order for Applying Habeas Corpus Procedures filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Declaration, # 2 Proposed Order) (Kurz, Julian) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
49

EX PARTE APPLICATION to Stay pending Ruling on Ex Parte Application to Apply Habeas Procedures filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Declaration, # 2 Proposed Order) (Kurz, Julian) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
50

MINUTE IN CHAMBERS by Judge Cormac J. Carney: Order Setting Briefing and Hearing Schedule for EX PARTE APPLICATION to Apply Habeas Procedures 48 and Granting EX PARTE APPLICATION to Stay Deadline to Respond to First Amended Petition 49 . With respect to the first ex parte application, (Dkt. 48), the Court hereby DIRECTS Petitioners to file an opposition by June 25, 2018. Respondents may file a reply by July 2, 2018. A hearing is scheduled for July 9, 2018, at 3:00 p.m. in Courtroom 9B. (mt) (Entered: 06/07/2018)

June 6, 2018

June 6, 2018

RECAP
51

Opposition re: EX PARTE APPLICATION for Order for Applying Habeas Corpus Procedures 48 * Petitioners Opposition To Respondents Ex Parte Application For Order Applying Habeas Corpus Procedures * filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Uong, Tuan) (Entered: 06/25/2018)

June 25, 2018

June 25, 2018

PACER
52

REPLY in Support of EX PARTE APPLICATION for Order for Applying Habeas Corpus Procedures 48 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Kurz, Julian) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
53

EX PARTE APPLICATION to Sever Claims filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Declaration, # 2 Proposed Order) (Kurz, Julian) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
54

ORDER by Judge Cormac J. Carney: Denying Respondents' EX PARTE APPLICATIONS 48, 53 . Respondents are hereby DIRECTED to respond to Petitioners' First Amended Complaint by July 20, 2018. (mt) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
55

REQUEST for Protective Order filed by Petitioner Hoang Trinh. (Attachments: # 1 Proposed Order)(Tabibkhoei, Farah) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
56

NOTICE OF MOTION AND MOTION to Dismiss Case and Return re: Habeas Corpus Claims filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. Motion set for hearing on 9/10/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Exhibit A - Second Suppl. Decl. of Michael V. Bernacke, # 2 Proposed Order) (Kurz, Julian) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
57

STIPULATED PROTECTIVE ORDER by Magistrate Judge Gail J. Standish re REQUEST for Protective Order 55 . (ec) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

RECAP
58

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case and Return re: Habeas Corpus Claims 56 Petitioners' Opposition to Respondents' Motion to Dismiss filed by Petitioner Hoang Trinh. (Attachments: # 1 Declaration, # 2 Evidentiary Objections)(Duong, Le) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
59

STIPULATION to Dismiss Respondent Sandra Hutchens filed by Respondents Kirstjen M. Nielsen, Jefferson B Sessions III, Sandra Hutchens, David Marin, Warden, Thomas D Homan. (Attachments: # 1 Proposed Order)(Kurz, Julian) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
60

ORDER by Judge Cormac J. Carney, Granting Stipulation to Dismissing Respondent Sandra Hutchens 59 . Sandra Hutchens (Sheriff, Orange County, Calif.) terminated. (twdb) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
61

Notice of Appearance or Withdrawal of Counsel: for attorney Steven C Miller counsel for Respondent Sandra Hutchens. Steven C. Miller will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Respondent Sandra Hutchens, Sheriff, Orange County, Calif.. (Miller, Steven) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
62

REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case and Return re: Habeas Corpus Claims 56 filed by Respondents Thomas D Homan, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Kurz, Julian) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
63

APPLICATION to file document in support of Petitioners' Motion for Class Certification under seal filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Application set for hearing on 10/15/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Redacted Document)(Tabibkhoei, Farah) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
64

SEALED DECLARATION IN SUPPORT OF APPLICATION to file document in support of Petitioners' Motion for Class Certification under seal 63 filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Attachments: # 1 Unredacted Document (Declaration of Dai Diep attached as Exhibit 1 to Declaration of Farah Tabibkhoei))(Tabibkhoei, Farah) (Entered: 08/28/2018)

Aug. 28, 2018

Aug. 28, 2018

PACER
65

NOTICE OF MOTION AND MOTION to Certify Class filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Motion set for hearing on 10/15/2018 at 01:30 PM before Judge Cormac J. Carney. (Attachments: # 1 Memorandum, # 2 Declaration of Sieu Nguyen, # 3 Declaration of Dai Diep (Redacted), # 4 Declaration of Jingni Zhao, # 5 Exhibit A to Declaration of Jingni Zhao, # 6 Exhibit B to Declaration of Jingni Zhao, # 7 Exhibit C to Declaration of Jingni Zhao, # 8 Proposed Order) (Tabibkhoei, Farah) (Entered: 08/28/2018)

1 Memorandum

View on PACER

2 Declaration of Sieu Nguyen

View on PACER

3 Declaration of Dai Diep (Redacted)

View on PACER

4 Declaration of Jingni Zhao

View on PACER

5 Exhibit A to Declaration of Jingni Zhao

View on PACER

6 Exhibit B to Declaration of Jingni Zhao

View on PACER

7 Exhibit C to Declaration of Jingni Zhao

View on PACER

8 Proposed Order

View on PACER

Aug. 28, 2018

Aug. 28, 2018

PACER
66

ORDER by Judge Cormac J. Carney: Denying 56 Defendants' MOTION to Dismiss and Habeas Return. (twdb) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

RECAP
67

OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class 65 filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Exhibit A - Bernacke Declaration IV, # 2 Exhibit B - List of Individual Habeas Petitions)(Kurz, Julian) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
68

ANSWER to Amended Complaint/Petition, 27 filed by Respondents Thomas D Homan, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden.(Liggett, Troy) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
69

TEXT ONLY ENTRY: NOTICE TO PARTIES by District Cormac J. Carney. Effective October 9, 2018, Judge Cormac J. Carney will be located in the First Street U.S. Courthouse, Courtroom 7C, on the 7th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 7C of the First Street U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located outside the Clerk's Office on the 4th floor of the First Street Courthouse. Judge Carney's Courtroom Deputy Clerk, Melissa H. Kunig, may be reached at (714) 338-2849.The location for filing civil and/or criminal documents in paper format exempted from electronic filing is at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 180, Los Angeles, California 90012. Documents under this exemption may also be filed in the Santa Ana or Riverside courthouses.Please refer to Judge Carney's Procedures & Schedules Page on the Court's website **UPDATED AS OF SEPTEMBER 24, 2018** for updated procedures regarding mandatory chambers copies. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER
70

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3, filed by Petitioner Ngoc Hoang.. (Uong, Tuan) (Entered: 09/26/2018)

Sept. 26, 2018

Sept. 26, 2018

PACER
71

REPLY In Support NOTICE OF MOTION AND MOTION to Certify Class 65 Petitioners' Reply Brief In Support of Motion For Class Certification filed by Petitioner Hoang Trinh. (Uong, Tuan) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
72

ORDER GRANTING PETITIONERS' APPLICATION FOR LEAVE TO FILE PORTIONS OF DECLARATION OF DAI DIEP IN SUPPORT OF PETITIONERS' MOTION FOR CLASS CERTIFICATION UNDER SEAL 63 by Judge Cormac J. Carney. The Court hereby GRANTS Petitioners' application for leave to file portions of the Declaration of Dai Diep in support of Petitioner's motion for class certification. SEE ORDER FOR DETAILS. (iv) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
73

NOTICE OF LODGING filed Updated List of Individual Habeas Petitions Filed by Putative Class Members re Response in Opposition to Motion, 67 (Attachments: # 1 Updated List)(Liggett, Troy) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

PACER
74

MINUTES OF PETITIONERS MOTION TO CERTIFY CLASS 65 held before Judge Cormac J. Carney. Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. Court Reporter: Debbie Hino-Spaan. (lom) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
75

ORDER GRANTING IN PART AND DENYING IN PART PETITIONERS' MOTION FOR CLASS CERTIFICATION 65 by Judge Cormac J. Carney. Petitioners' motion for class certification is GRANTED IN PART and DENIED IN PART. The Court hereby designates Petitioners' counsel as class counsel and appoints the named Petitioners as class representatives. (iv) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

RECAP
76

TRANSCRIPT ORDER as to Petitioner Hoang Trinh for Court Reporter. Court will contact Tuan V. Uong at tuong@reedsmith.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Uong, Tuan) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

RECAP
77

SCHEDULING ORDER by Judge Cormac J. Carney. Discovery cut-off 8/8/2019. Motions due by 10/7/2019. Last date to conduct settlement conference is 9/10/2019. Pretrial Conference set for 11/4/2019 at 3:00 p.m. Jury Trial set for 11/19/2019 at 8:30 a.m. (mku) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
78

ORDER REGARDING SETTLEMENT PROCEDURES, PRE-TRIAL CONFERENCE, AND TRIAL by Judge Cormac J. Carney. (mku) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
79

NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference regarding the parties' December 20, 2018 email for 1/10/19 at 11:00 AM before Magistrate Judge Gail J. Standish. Counsel shall meet and confer to set up a bridge line and provide the call in information to the Court. Additionally, counsel shall notify the Court Clerk via email at GJS_chambers@cacd.uscourts.gov of the name of each counsel appearing on the call. NOTE: During the telephone hearing, counsel must identify themselves before they speak for the benefit of the court and the court recorder/reporter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
80

EX PARTE APPLICATION to Stay Case pending End of Federal Government Shutdown (Unopposed) filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order) (Kurz, Julian) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
81

ORDER GRANTING RESPONDENTS' UNOPPOSED EX PARTE APPLICATION TO STAY PROCEEDINGS 80 by Judge Cormac J. Carney. The Court hereby GRANTS the application, STAYS this case until the federal government shutdown ends, and CANCELS the telephonic hearing that is currently set before the Honorable Judge Standish for January 10, 2019. (MD JS-6. Case Terminated) (iv) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
82

EX PARTE APPLICATION to Reopen Case (Unopposed) filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order) (Kurz, Julian) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
83

ORDER GRANTING RESPONDENTS' UNOPPOSED EX PARTE APPLICATION TO REOPEN PROCEEDINGS 82 by Judge Cormac J. Carney. The Court hereby REOPENS this case and LIFTS the stay. The parties SHALL propose three dates and times for a telephonic hearing in accordance with Judge Standishs procedures. (MD-JS5 Case Reopened) (iv) (Entered: 02/01/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
84

TRANSCRIPT ORDER as to Respondents Thomas D Homan, Sandra Hutchens, Kirstjen M. Nielsen, Jefferson B Sessions III for Court Reporter. Court will contact Dan Meyer at Daniel.C.Meyer@usdoj.gov with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kurz, Julian) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
85

NOTICE by Magistrate Judge Gail J. Standish scheduling a Pre-Discovery Motion Telephone Conference regarding the parties' February 28, 2019 email for 3/6/2019 at 11:30 AM before Magistrate Judge Gail J. Standish. Counsel shall meet and confer to set up a bridge line and provide the call in information to the Court. Additionally, counsel shall notify the Court Clerk via email at GJS_chambers@cacd.uscourts.gov of the name of each counsel appearing on the call. NOTE: During the telephone hearing, counsel must identify themselves before they speak for the benefit of the court and the court recorder/reporter.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ec) TEXT ONLY ENTRY (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
86

MINUTES OF Pre-Discovery Motion Telephone Conference held before Magistrate Judge Gail J. Standish regarding parties' February 28, 2019. The Court confers with the parties regarding their email of February 28, 2018, which sets forth various discovery disputes. As explained in more detail on the record, the Court orders counsel to meet and confer in an effort to narrow the issues presented in their e-mail. For those issues that remain, the Court sets the following briefing scheduled: petitioners' motion to compel is due by Wednesday, March 20, 2019; the opposition is due by Wednesday, March 27, 2018; the reply, if any, is due by Wednesday, April 3, 2019. Upon completion of the briefing, the Court will determine if a hearing is necessary, at which time counsel will be notified. Court Recorder: XTR. (ec) (Entered: 03/06/2019)

March 6, 2019

March 6, 2019

PACER
87

TRANSCRIPT ORDER as to Petitioner Ngoc Hoang for Court Reporter. Court will contact Farah Tabibkhoei at vparedes@reedsmith.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Tabibkhoei, Farah) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
88

TRANSCRIPT for proceedings held on 3/6/2019. Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (at) (Entered: 03/14/2019)

March 13, 2019

March 13, 2019

PACER
89

NOTICE OF FILING TRANSCRIPT filed for proceedings 3/6/2019 re Transcript 88 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY (Entered: 03/14/2019)

March 13, 2019

March 13, 2019

PACER
90

Joint STIPULATION for Extension of Time to File Response as to Text Only Scheduling Notice,, 85 filed by Petitioner Ngoc Hoang. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Modify Briefing Schedule For Motion to Compel Further Responses to Petitioners Written Discovery to Respondents)(Uong, Tuan) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER

Notice of Filing Transcript

March 14, 2019

March 14, 2019

PACER
91

ORDER by Magistrate Judge Gail J. Standish re Stipulation for Extension of Time 90 . The briefing schedule for Petitioners' anticipated Motion to Compel shall be modified as follows:Wednesday, April 10, 2019: Motion to Compel to be filed/served;Wednesday, April 17, 2019: Opposition Brief to be filed/served; and Wednesday, April 24, 2019: Reply Brief to be filed/served. (ec) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
92

Joint STIPULATION to Reschedule Scheduling Order, STIPULATION for Order to Modify Scheduling Order filed by Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Modify Scheduling Order)(Uong, Tuan) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
93

ORDER GRANTING JOINT STIPULATION TO MODIFY SCHEDULING ORDER 92 by Judge Cormac J. Carney. The Court orders as follows: 1. All discovery, including discovery motions, shall be completed by October 8, 2019. Discovery motions must be heard and filed prior to this date. 2. The parties shall have until February 7, 2020 to file and have heard all other motions, including motions join or amend the pleadings. 3. The parties shall have until January 10, 2020 to conduct settlement proceedings. 4. A pretrial conference will be held on March 16, 2020 at 3:00 p.m. 5. The case will be set for trial on March 24, 2020 at 8:30 a.m. (lom) (Entered: 04/16/2019)

April 15, 2019

April 15, 2019

PACER
94

TRANSCRIPT for proceedings held on 10/15/2018 at 1:32 p.m. ****Transcript may be viewed at the court public terminal or purchased through Court Reporter DEBBIE HINO-SPAAN at: WEBSITE www.debbiehinospaan.com; E-mail, dhinospaan@yahoo.com before the deadline for Release of Transcript restriction. After that date, it may be obtained from the Court Reporter or through PACER. Additional formats of the transcript (ASCII, Condensed, and Word Indexing/Concordance) are also available to be purchased at any time through the Court Reporter. Notice of Intent to Redact due within 7 days of this date.** Redaction Request due 5/8/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/16/2019. (dhs) (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER

Notice of Filing Transcript

April 17, 2019

April 17, 2019

PACER
95

NOTICE OF FILING TRANSCRIPT filed for proceedings 10/15/2018 at 1:32 p.m. re Transcript 94 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dhs) TEXT ONLY ENTRY (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
96

Joint STIPULATION for Order Modifying Scheduling Order filed by Respondents Thomas D Homan, Sandra Hutchens, David Marin, Kirstjen M. Nielsen, Jefferson B Sessions III, Warden. (Attachments: # 1 Proposed Order)(Kurz, Julian) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
97

ORDER GRANTING JOINT STIPULATION TO MODIFY SCHEDULING ORDER 96 by Judge Cormac J. Carney. Pretrial conference will be held on July 6, 2020 at 3:00 p.m. This case will be set for trial on July 14, 2020 at 8:30 a.m. SEE ORDER FOR DETAILS. (iv) (Entered: 07/22/2019)

July 17, 2019

July 17, 2019

RECAP
98

Notice of Appearance or Withdrawal of Counsel: for attorney Christopher M Lapinig counsel for Petitioners Vu Ha, Ngoc Hoang, Long Nguyen, Hoang Trinh. Christopher M. Lapinig is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Trinh, et al.. (Lapinig, Christopher) (Entered: 09/05/2019)

Sept. 5, 2019

Sept. 5, 2019

PACER

Case Details

State / Territory: California

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: Feb. 22, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Vietnamese immigrants who arrived in the U.S. before July 12, 1995 and have been or will be detained indefinitely pursuant to a final removal order.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Asian Americans Advancing Justice | AAJC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orange County (CA) Sheriff (Orange), County

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Justice, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

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

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

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)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Habeas Corpus

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

Deportation - criteria

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - criteria

Detention - procedures

Refugees

Status/Classification