Case: Calderon Jimenez v. Nielsen

1:18-cv-10225 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 5, 2018

Case Ongoing

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Case Summary

COVID 19 Summary: A member of a class of immigrants and their spouses suing ICE over its removal policies was ordered released on March 25, 2020. On March 24 the plaintiffs filed a motion for immediate release of that class member because he was detained in a facility where an employee tested positive for COVID-19. On April 16, the parties filed a joint status report that altered the terms of release for the class member and the court lifted the stay on the class member's removal by ICE. ICE im…

On February 5, 2018, an undocumented immigrant who was married to a U.S. citizen filed this suit in the U.S. District Court for the District of Massachusetts. The case was assigned to Judge Mark L. Wolf. The plaintiff sued the United States and Suffolk County under 28 U.S.C. §§ 2241, the Administrative Procedure Act (APA), and the Immigration and Nationality Act (INA). The plaintiff had been unexpectedly arrested by Immigration and Customs Enforcement (ICE) in January 2018 after going to an interview with her husband as part of the process of her becoming a lawful permanent resident. She was now being detained, without having had notice or a hearing, and in danger of being deported under a 2002 removal order. In addition to claiming that ICE’s actions violated the INA and APA, the plaintiff alleged that her arrest and detainment violated her due process rights under the Fourteenth Amendment. The plaintiff, represented by the American Civil Liberties Union (ACLU) of Massachusetts and private counsel, sought habeas and injunctive relief.

On February 6, 2018, the court ordered the parties to meet and attempt to settle the dispute by February 12. The parties met but were unable to reach an agreement. On February 13, 2018, the defendants released the plaintiff from custody, granted her a three-month stay of removal, and filed a motion for an extension of time to respond to the complaint. With the plaintiff released, the defendants stated that they planned to have the case dismissed for mootness.

Judge Wolf was not convinced that the defendants’ compliance with the plaintiff’s demands actually mooted the case because the court could not be sure that the defendants would not simply arrest plaintiff again if the case were closed. On February 15, the court granted the motion for an extension of time. However, it also ordered that the parties confer again to discuss what, if anything, needed to be litigated and that the defendants should file an affidavit that contained details surrounding the plaintiff’s detainment and release.

On March 27, 2018, the defendants filed a motion to dismiss, claiming that the case was now moot and that the plaintiff had no due process right to stay in the United States while she sought permanent resident status.

On April 5, 2018, Judge Wolf related two cases involving similar issues to the present case: Junqueira v. Souza (18-10307) and Dos Santos v. Nielsen (18-10310).

On April 10, 2018, the plaintiff filed an amended complaint, adding her husband and four other couples, each made up of one U.S. citizen and one non-citizen immigrant in danger of removal. The five couples sought injunctive relief on behalf of a class of all couples similarly situated. They also asked that one plaintiff, who was currently detained by ICE, be released or granted habeas relief. In response, the defendants filed a second motion to dismiss on April 23 with similar arguments as their initial motion to dismiss.

On April 30, 2018, the plaintiffs moved for class certification. The proposed class would consist of any U.S. citizen and his or her noncitizen spouse who (1) had a final order of removal and had not departed from the U.S. under that order; (2) was the beneficiary of a pending or approved I-130, Petition for Alien Relative, filed by the U.S. citizen spouse; (3) was not “ineligible” for a provisional waiver under 8 C.F.R. § 212.7(e)(4)(i) or (vi); and (4) was within the jurisdiction of the Boston ICE-ERO field office.

The same day, the plaintiffs also filed a motion for a Temporary Restraining Order and preliminary injunctive relief. They requested that the court enjoin the defendants from unduly interfering with the plaintiffs' access to the provisional waiver process.

On May 8, 2018, the court granted habeas relief to the one detained plaintiff to the extent she sought a bail hearing to determine whether she should be released. On June 11, the court issued an order finding that this plaintiff was being detained in violation of the Constitution because ICE had failed to follow its regulations, and that the court should itself decide whether her release was warranted. However, ICE had released the plaintiff subsequent to the court's May 8 oral ruling. ICE also released about 20 other noncitizens that it determined were being improperly detained. 317 F.Supp.3d 626.

The parties then engaged in discovery for several months.

On August 23, 2018, the Judge Wolf denied the defendants' motion to dismiss the plaintiffs' first amended complaint in an oral ruling. On September 21, he issued a memorandum explaining his decision. Judge Wolf found that the court had jurisdiction over the case, that the plaintiffs had plausibly alleged that if their habeas petitions were dismissed, ICE would prevent them from pursuing provisional waivers in violation of due process, and that the previously-released plaintiff's claims regarding detention were not moot. 334 F.Supp.3d 370.

Judge Wolf subsequently ordered the parties to confer and determine whether they could settle the case and, if not, provide additional information regarding how ICE's conduct was affecting the proposed plaintiff class.

On December 7, 2018, Judge Wolf issued a decision finding that a statute prohibiting federal courts from granting class-wide injunctive relief against operation of noncitizen detention provisions did not prohibit the possible issuance of class-wide declaratory relief if a putative class was certified in this case. 399 F.Supp.3d 1.

On April 18, 2019, the plaintiffs moved for the court to open discovery for the named plaintiffs.

After several hearings, Judge Wolf issued an order on May 17, 2019, denying the defendants' motion to dismiss with respect to plaintiffs' claims under the INA, the Equal Protection clause, and the APA. He reserved judgment on the plaintiffs' contention that U.S citizen spouses have a liberty interest in remaining in the U.S. with their noncitizen spouses, and, therefore, a right to due process before their noncitizen spouses are deported. Judge Wolf also granted the plaintiffs' motion for class certification, certifying two different classes.

For the purposes of the plaintiffs' INA, Equal Protection, and APA claims, the court certified the following class:

"Any U.S. citizen and his or her noncitizen spouse who (1) has a final order of removal and has not departed the U.S. under that order; (2) is the beneficiary of a pending or approved I-130, Petition for Alien Relative, filed by the U.S. citizen spouse; (3) is not 'ineligible' for a provisional waiver under 8 C.F.R. § 212.7(e)(4)(i) or (vi); and (4) is within the jurisdiction of the Boston ICE-ERO field office."

For the purposes of the plaintiffs' Due Process claim, the court certified the following class:

"Any U.S. citizen and his or her noncitizen spouse who (1) has a final order of removal and has not departed the U.S. under that order; (2) is the beneficiary of an approved I-130, Petition for Alien Relative, and conditionally approved I-212, Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal; (3) is not 'ineligible' for a provisional waiver under 8 C.F.R. § 212.7(e)(4)(i) or (vi); and (4) is within the jurisdiction of the Boston ICE-ERO field office."

Judge Wolf again instructed the parties to confer regarding a potential settlement.

On June 17, 2019, the plaintiffs filed an emergency motion for a Temporary Restraining Order (TRO) and a stay of removal of a class member. Specifically, the plaintiffs wanted the court to compel the defendants to provide an explanation as to why ICE was detaining and intending to remove the class member. The class member later expressed that he did not want to delay his removal and the plaintiffs withdrew their motion.

Judge Wolf held an evidentiary hearing on June 27. He instructed the parties to file a joint statement memorializing his oral rulings at the hearing regarding notice to class members and the information regarding class members that the defendants must provide to class counsel. Judge Wolf then issued an order on August 7, 2019, in accordance with those rulings. In the order, he instructed the defendants to report information regarding class members to class counsel at the beginning of each month and provide prompt notice to class counsel when a class member is detained or when ICE intends to effectuate the removal of a class member.

On July 25, 2019, the plaintiffs filed a motion for order to show cause. The plaintiffs alleged that the defendants had continued to violate the post-order custody regulations described above, and requested that the defendants be ordered to show cause why the court should not order the release of a group of detainees appearing on the defendants' July detention report.

After months of back-and-forth, the parties reported to the court on January 8, 2020, that they had resolved the issues related to the motion for order to show cause.

On January 27, 2020, the plaintiffs filed an emergency motion to enjoin the removal of two class members. The plaintiffs later partially withdrew the motion, leaving the motion pending with respect to one class member.

Then, on March 24, 2020, the plaintiffs filed a motion for immediate release of that class member. The plaintiffs alleged that the class member was currently detained in a facility in which an employee had tested positive for COVID-19. The plaintiffs stated that the defendants had not contended that the class member posed a threat to public safety, but rather had led to his prolonged detention by impeding the resolution of the plaintiffs' January 27 motion. Given the escalating threat to the class member's health, the plaintiffs requested that the court order his release during the pendency of the January 27 motion. In the alternative, they requested that the court hold a prompt telephonic hearing regarding the basis for the class member's removal.

On March 25, Judge Wolf granted the plaintiffs' request and ordered the class member released no later than the following day, with the following conditions: he must reside with his wife and not leave their residence except for medical reasons, and he shall be subject to electronic monitoring by the defendants.

In the transcript of the court's March 25 hearing where Judge Wolf orally ordered the class member's release, he explained that he concluded that district courts do have the power to order the release of immigration detainees on bail. He emphasized that the class member here was a civil detainee (someone who had never been charged or convicted of a crime), and concluded that a substantial claim had been raised by the class member's habeas petition. Finally, Judge Wolf noted that extraordinary circumstances (the COVID-19 pandemic) made the grant of bail necessary to make the habeas remedy effective. He noted that detention enhances the risk of infection and that given the mortality risk associated with COVID-19, the class member's release was required pending the resolution of the plaintiffs' January 27 motion.

On April 7, 2020, Judge Wolf ordered the parties to confer and determine whether a noncitizen who had filed an emergency petition for a writ of habeas corpus and stay of deportation on April 6 is a member of the class certified in this case; and, if so, whether ICE violated any of the orders in this case with regard to him. The parties reported to the court that they agreed that this individual was not a class member and so Judge Wolf did not need to take any further action.

On April 16, the parties filed a joint status report. The parties explained that they had reached an agreement whereby the plaintiffs would withdraw their January 27 motion to enjoin removal of the class member that Judge Wolf ordered released on March 25. They further requested that the court lift its stay of removal as to the class member, and lift its order requiring that he not leave his residence except for medical reasons. ICE would then impose conditions of supervision pursuant to the parties' agreement. Judge Wolf subsequently entered an order memorializing those terms.

On November 18, the defendants filed a motion to dismiss both the habeas and equal protection claims. Defendants argued that the remedy plaintiffs requested, suspension of removal, is not available under habeas corpus and that intervening equal protection decisions have rejected claims that were based on an inference of animus from President Trump's campaign statements.

The case is ongoing.

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Summary Authors

Rebecca Strauss (6/14/2018)

Sam Kulhanek (6/9/2020)

Chandler Hart-McGonigle (11/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6296809/parties/calderon-jimenez-v-cronen/

Judge(s)

Wolf, Mark Lawrence (Massachusetts)

Attorneys(s) for Plaintiff

Cantin, Shirley X. (Massachusetts)

Costello, Matthew (Massachusetts)

Cox, Jonathan A. (Massachusetts)

Gillespie, Kathleen M. (Massachusetts)

Lafaille, Adriana (Massachusetts)

McCullough, Colleen M. (Massachusetts)

Provazza, Stephen Nicholas (Massachusetts)

Prussia, Kevin S. (Massachusetts)

Segal, Matthew (Massachusetts)

Judge(s)

Wolf, Mark Lawrence (Massachusetts)

Attorneys(s) for Plaintiff

Cantin, Shirley X. (Massachusetts)

Costello, Matthew (Massachusetts)

Cox, Jonathan A. (Massachusetts)

Gillespie, Kathleen M. (Massachusetts)

Lafaille, Adriana (Massachusetts)

McCullough, Colleen M. (Massachusetts)

Provazza, Stephen Nicholas (Massachusetts)

Prussia, Kevin S. (Massachusetts)

Segal, Matthew (Massachusetts)

Sewall, Michaela P. (Massachusetts)

Slater, Allyson T. (Massachusetts)

Attorneys(s) for Defendant

Larakers, Mary (District of Columbia)

Piemonte-Stacy, Eve (Massachusetts)

Weiland, William (District of Columbia)

Weintraub, J. Max (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:18-cv-10225	Docket [PACER] Calderon Jimenez v. Cronen	Jan. 12, 2021	Jan. 12, 2021 Docket
1 1:18-cv-10225	Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241	Feb. 5, 2018	Feb. 5, 2018 Complaint
17 1:18-cv-10225	Memorandum and Order	Feb. 15, 2018	Feb. 15, 2018 Order/Opinion
27 1:18-cv-10225	Amended Class Action Complaint and Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241	April 10, 2018	April 10, 2018 Complaint
95 1:18-cv-10225	Memorandum and Order	June 11, 2018	June 11, 2018 Order/Opinion
159 1:18-cv-10225	Memorandum and Order	Sept. 21, 2018	Sept. 21, 2018 Order/Opinion
193 1:18-cv-10225	Memorandum and Order	Dec. 7, 2018	Dec. 7, 2018 Order/Opinion
253 1:18-cv-10225	Order	May 17, 2019	May 17, 2019 Order/Opinion
507 1:18-cv-10225	Memorandum and Order	March 26, 2020	March 26, 2020 Order/Opinion
500 1:18-cv-10225	Motion for Immediate Interim Release of Class Member Salvador Rodriguez-Aguasviva, or, Alternatively, to Schedule Telephonic Hearing	March 26, 2020	March 26, 2020 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Calderon v. Nielsen ACLUM	Lilian Calderon, 30 years old, is a Guatemalan immigrant and mother of two was brought to the U.S. when she was three years old. In January 2018, Calderon and her husband visited U.S. Citizenship and…	Jan. 1, 2018	Jan. 1, 2018 https://www.aclum.org/...
Calderon v. Nielsen RIACLU	This is a petition for writ of habeas corpus on behalf of ICE detainee Lilian Calderon, 30, a Rhode Islander and Guatemalan immigrant mother of two who came to the U.S. when she was 3.	Jan. 1, 2018	Jan. 1, 2018 http://www.riaclu.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6296809/calderon-jimenez-v-cronen/

Last updated June 2, 2023, 3:28 a.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-6995758 Fee status: Filing Fee paid., filed by Lilian Pahola Calderon Jimenez. (Attachments: # 1 Civil Cover Sheet Cover, # 2 Civil Cover Sheet Category form, # 3 Exhibit 1 Declaration of Martin D. Harris, # 4 Exhibit 2 Declaration of Marcela Ordonez, # 5 Exhibit 3 printout from uscis.gov, # 6 Exhibit 4 interview notice, # 7 Exhibit 5 I-130 approval)(Lafaille, Adriana) (Attachment 1 replaced on 2/6/2018) (McDonagh, Christina). (Attachment 2 replaced on 2/6/2018) (McDonagh, Christina). (Entered: 02/05/2018) 1 Civil Cover Sheet Cover View on PACER 2 Civil Cover Sheet Category form View on PACER 3 Exhibit 1 Declaration of Martin D. Harris View on PACER 4 Exhibit 2 Declaration of Marcela Ordonez View on PACER 5 Exhibit 3 printout from uscis.gov View on PACER 6 Exhibit 4 interview notice View on PACER 7 Exhibit 5 I-130 approval View on PACER	Feb. 5, 2018	Feb. 5, 2018 RECAP
2	NOTICE of Appearance by Matthew Segal on behalf of Lilian Pahola Calderon Jimenez (Segal, Matthew) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
3	ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
4	Summons Issued as to Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
5	Online access to documents in this case is limited to counsel of record only. All documents are available for review in the Office of the Clerk. Counsel of record: please note that you will need to log into CM/ECF to access any documents in this case. (Franklin, Yvonne) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
6	Judge Mark L. Wolf: ORDER entered. (Bono, Christine) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 RECAP
7	ELECTRONIC NOTICE of Hearing Re: Petition for Writ of Habeas Corpus. Hearing set for 2/21/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
8	Judge Mark L. Wolf: ORDER entered. MEMORANDUM and ORDER. (Bono, Christine) (Entered: 02/06/2018)	Feb. 6, 2018	Feb. 6, 2018 PACER
9	Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) (Entered: 02/07/2018)	Feb. 7, 2018	Feb. 7, 2018 RECAP
10	NOTICE of Appearance by Eve A. Piemonte on behalf of Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Piemonte, Eve) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 RECAP
11	NOTICE of Appearance by Mary Larakers on behalf of Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Larakers, Mary) (Entered: 02/08/2018)	Feb. 8, 2018	Feb. 8, 2018 RECAP
12	STATUS REPORT (JOINT) by Lilian Pahola Calderon Jimenez, Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Piemonte, Eve) (Entered: 02/12/2018)	Feb. 12, 2018	Feb. 12, 2018 RECAP
13	Writ of Habeas Corpus ad Testificandum Issued as to LILIAN PAHOLA CALDERON JIMENEZ for 2/21/2018. (Bono, Christine) (Entered: 02/13/2018)	Feb. 13, 2018	Feb. 13, 2018 RECAP
14	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 10:00 a.m. on February 14, 2018, file and serve on petitioner an affidavit addressing the foregoing questions. 2. If necessary, the parties may request an extension of the deadline in paragraph 1 and the deadlines for briefing, which may require rescheduling the February 21, 2018 hearing." ORDER entered. (Attachments: # 1 Boston Herald Article)(Bono, Christine) (Entered: 02/13/2018) 1 Boston Herald Article View on RECAP	Feb. 13, 2018	Feb. 13, 2018 RECAP
15	MOTION for Extension of Time to February 20, 2018 to File Response/Reply as to 14 Order, by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Attachments: # 1 Affidavit)(Piemonte, Eve) (Entered: 02/13/2018) 1 Affidavit View on RECAP	Feb. 13, 2018	Feb. 13, 2018 RECAP
16	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondent need not respond to the February 13, 2018 Order (Docket No. 14) on February 14, 2018. 2. The parties need not make the submissions required by paragraph 3 of the February 6, 2018 Order (Docket No. 6) on the dates directed. 3. A further Order identifying issues, providing the parties an opportunity to confer, and establishing a revised briefing schedule will issue." ORDER entered. (Bono, Christine) (Entered: 02/14/2018)	Feb. 14, 2018	Feb. 14, 2018 RECAP
17	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Respondents shall, by 12:00 noon on February 21, 2018, file an affidavit from an ICE representative describing: (a) the official who made the original decision that Calderon should be detained; (b) the legal basis for the decision, including whether ICE considered her detention mandatory or discretionary; (c) the procedures followed in reaching the decision and, if any, the individualized reasons for it; (d) the official who decided that Calderon should be released; (e) the reason(s) for her release; (f) the reason(s) why she was released on February 13, 2018, rather than sooner or later; (g) whether respondents assert that they had, and still have, the authority to detain Calderon without an individualized determination of dangerousness and risk of flight; (h) whether Calderon has been released for a defined period of time and, therefore, may be detained again; (i) whether any individuals other than Calderon and de Oliveira were arrested while taking steps to seek permanent residency at a Massachusetts or Rhode Island CIS office in January 2018; (j) if so, whether any of those individuals have received individualized determinations of dangerousness and risk of flight without filing petitions under ยง2241; and (k) whether any of them have also been released. 2. The parties shall confer and, by 12:00 noon on February 23, 2018, report, jointly if possible, concerning: (a) whether they have reached an agreement to resolve this case; (b) the issues to be litigated, including but not limited to whether Calderon's release moots the issue of ICE's authority to detain her; and (c) a proposed schedule for briefing the issues identified." ORDER entered. MEMORANDUM AND ORDER (Bono, Christine) (Entered: 02/15/2018)	Feb. 15, 2018	Feb. 15, 2018 RECAP
18	ELECTRONIC NOTICE Canceling 2/21/2018 Hearing. (Bono, Christine) (Entered: 02/16/2018)	Feb. 16, 2018	Feb. 16, 2018 PACER
19	AFFIDAVIT of Respondents by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) (Entered: 02/21/2018)	Feb. 21, 2018	Feb. 21, 2018 RECAP
20	STATUS REPORT by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) (Entered: 02/23/2018)	Feb. 23, 2018	Feb. 23, 2018 RECAP
21	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The proposed schedule for briefing respondents' motion to dismiss (Docket No. 20 at 14) is ADOPTED. Respondents shall, by March 27, 2018, file the motion to dismiss. Petitioner shall respond by April 10, 2018. Respondents shall file any reply by April 20, 2018. 2. A hearing on the motion to dismiss shall be held on May 7, 2018, at 9:30 a.m. 3. The parties shall, by April 3, 2018, confer and report whether the Department of Homeland Security agrees not to detain petitioner until the motion to dismiss is decided. If not, petitioner shall state whether she intends to move for a preliminary injunction and, if so, when she proposes to do so." ORDER entered. (Bono, Christine) (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 RECAP
22	First MOTION to Dismiss by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 03/27/2018) 1 Exhibit A View on RECAP	March 27, 2018	March 27, 2018 RECAP
23	STATUS REPORT by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS. (Larakers, Mary) (Entered: 04/03/2018)	April 3, 2018	April 3, 2018 RECAP
24	Judge Mark L. Wolf: "Petitioner shall, by April 13, 2018, update this report concerning whether she intends to move for a preliminary injunction and, if so, when." ENDORSED ORDER entered. re 23 Status Report filed by Christopher Cronen, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS (Bono, Christine) (Entered: 04/04/2018)	April 4, 2018	April 4, 2018 RECAP
25	Judge Mark L. Wolf: "It is hereby ORDERED that a hearing will be held on May 8, 2018 [at 10:00 a.m., and continue from day to day, if necessary] to address the issue common to the three above-captioned cases of whether the defendants were required to follow the procedures described in 8 C.F.R. ยง241.4, or any procedures required by the United States Constitution, when deciding to detain the petitioners. The hearing will then address the issues unique to each case." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
26	ELECTRONIC NOTICE of Hearing.Hearing set for 5/8/2018 10:00 AM, and continuing day to day, if necessary, in Courtroom 10 before Judge Mark L. Wolf. See Order 25 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 04/05/2018)	April 5, 2018	April 5, 2018 PACER
27	AMENDED COMPLAINT (AMENDED CLASS ACTION COMPLAINT AND PETITION FOR WRIT OF HABEAS CORPUS UNDER 28 U.S.C. ยง 2241) against Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Thomas Homan, Thomas Brophy, Donald J. Trump, filed by Lilian Pahola Calderon Jimenez, Luis Gordillo, Sandro De Souza, Carmen Sanchez, Oscar Rivas, Celina Rivera Rivas, Lucimar De Souza, Sergio Francisco, Deng Gao, Amy Chen.(Prussia, Kevin) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 RECAP
28	NOTICE of Appearance by Jonathan A. Cox on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Cox, Jonathan) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 PACER
29	NOTICE of Appearance by Stephen Nicholas Provazza on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Provazza, Stephen) (Entered: 04/10/2018)	April 10, 2018	April 10, 2018 PACER
30	MOTION for Order to Show Cause and for Emergency Relief Preserving the Court's Jurisdiction by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit 1 - Affidavit of Sandro Jose de Souza (Redacted - Public Version), # 2 Exhibit 2 - Affidavit of Oscar Rivas, # 3 Exhibit 3 - Affidavit of Lilian Calderon-Jimenez, # 4 Exhibit 4 - Affidavit of Deng Gao, # 5 Exhibit 5 - Affidavit of Lucimar Gomes de Souza, # 6 Text of Proposed Order)(Prussia, Kevin) (Entered: 04/11/2018) 1 Exhibit 1 - Affidavit of Sandro Jose de Souza (Redacted - Public Version) View on RECAP 2 Exhibit 2 - Affidavit of Oscar Rivas View on PACER 3 Exhibit 3 - Affidavit of Lilian Calderon-Jimenez View on PACER 4 Exhibit 4 - Affidavit of Deng Gao View on PACER 5 Exhibit 5 - Affidavit of Lucimar Gomes de Souza View on PACER 6 Text of Proposed Order View on PACER	April 11, 2018	April 11, 2018 RECAP
31	Assented to MOTION to Seal Document 30 MOTION for Order to Show Cause and for Emergency Relief Preserving the Court's Jurisdiction (Motion to Seal Portions of Exhibit 1 to Petitioners' April 11, 2018 Motion for Order to Show Cause) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 RECAP
32	Judge Mark L. Wolf: "It is hereby ORDERED that: 1. In order to preserve the court's jurisdiction, to provide the parties an opportunity to attempt to resolve this case and, if necessary, to brief the issues properly, the named petitioners and Lucimar de Souza shall not be moved outside the District of Massachusetts, temporarily or permanently, during the pendency of this case. See 28 U.S.C. ยง1651(a)("[A]ll courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law."). This requirement may be reconsidered by the court sua sponte or upon motion by either party. 2. A further order concerning a schedule for conferring and briefing shall issue." ORDER entered. (Bono, Christine) (Entered: 04/13/2018)	April 13, 2018	April 13, 2018 RECAP
34	Judge Mark L. Wolf: ORDER entered. MEMORANDUM AND ORDER. (Bono, Christine) (Entered: 04/16/2018)	April 16, 2018	April 16, 2018 RECAP
	Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 30 Motion for Order. See Memorandum and Order 34 (Bono, Christine)	April 16, 2018	April 16, 2018 PACER
	Order on Motion for Order	April 16, 2018	April 16, 2018 PACER
35	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The parties to these cases shall, by April 26, 2018, confer and report, jointly if possible. The report shall: (1) identify issues common to all or many of these cases, and issues unique to a particular case or cases, including any issues not identified in this Memorandum; (2) propose a schedule for briefing the issues in these cases that are not yet briefed; (3) propose an agenda for the May 8, 2018 hearing; and (4) identify any other matters the court should consider to promote a just and efficient resolution of these cases. 2. A status conference will be held on May 1, 2018, at 10:00 a.m., to discuss the matters addressed in this Memorandum, the proposals of the parties, and a schedule for these cases." ORDER entered. MEMORANDUM AND ORDER. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 PACER
36	STATUS REPORT (JOINT) by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Lafaille, Adriana) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 RECAP
37	MOTION for Clarification of this Court's April 13, 2018 Order by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Lafaille, Adriana) (Entered: 04/19/2018)	April 19, 2018	April 19, 2018 RECAP
38	First Opposition re 37 MOTION for Clarification of this Court's April 13, 2018 Order filed by Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump. (Larakers, Mary) (Entered: 04/20/2018)	April 20, 2018	April 20, 2018 RECAP
39	MOTION for Leave to File Excess Pages by Kirstjen M NIELSEN.(Larakers, Mary) (Entered: 04/23/2018)	April 23, 2018	April 23, 2018 RECAP
40	Second MOTION to Dismiss by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 04/23/2018) 1 Exhibit A View on RECAP	April 23, 2018	April 23, 2018 RECAP
41	NOTICE of Appearance by Michaela P. Sewall on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez (Sewall, Michaela) (Entered: 04/24/2018)	April 24, 2018	April 24, 2018 RECAP
	Notice Cancelling Hearing	April 24, 2018	April 24, 2018 PACER
	ELECTRONIC NOTICE Canceling 5/7/2018 Hearing. See Order at docket entry 25 . (The May 1, 2018 and May 8, 2018 hearings remain as previously scheduled.) (Bono, Christine)	April 24, 2018	April 24, 2018 PACER
42	STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 04/26/2018)	April 26, 2018	April 26, 2018 PACER
43	Judge Mark L. Wolf: "The affidavit shall be sealed, at least temporarily. However, if the information redacted in the public record becomes relevant and possibly material, it may be unsealed." ENDORSED ORDER entered granting 31 Motion to Seal Document (Bono, Christine) (Entered: 04/27/2018)	April 27, 2018	April 27, 2018 RECAP
44	MOTION to Dismiss by Kirstjen M NIELSEN.(Larakers, Mary) (Entered: 04/27/2018)	April 27, 2018	April 27, 2018 RECAP
	ELECTRONIC NOTICE of Hearing. Status Conference set for 5/1/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See 4/19/2018 Order 35 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine)	April 27, 2018	April 27, 2018 PACER
	Judge Mark L. Wolf: ELECTRONIC ORDER entered granting 39 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine)	April 27, 2018	April 27, 2018 PACER
	Notice of Hearing	April 27, 2018	April 27, 2018 PACER
	Order on Motion for Leave to File Excess Pages	April 27, 2018	April 27, 2018 PACER
45	Response by Lucimar De Souza to 34 Memorandum & ORDER, 40 Second MOTION to Dismiss . (Prussia, Kevin) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 RECAP
46	MOTION to Certify Class by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 RECAP
47	MEMORANDUM in Support re 46 MOTION to Certify Class filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Prussia, Kevin) (Entered: 04/30/2018) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP	April 30, 2018	April 30, 2018 RECAP
48	Assented to MOTION for Leave to File Excess Pages by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 RECAP
49	MOTION for Temporary Restraining Order and Preliminary Injunctive Relief by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez.(Prussia, Kevin) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 RECAP
50	MEMORANDUM in Support re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Prussia, Kevin) (Entered: 04/30/2018) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP 6 Exhibit F View on RECAP 7 Exhibit G View on RECAP 8 Exhibit H View on RECAP 9 Exhibit I View on RECAP	April 30, 2018	April 30, 2018 RECAP
51	Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Status Conference held on 5/1/2018. Parties shall order transcript on an expedited basis. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Piemonte, Kanwit, Sady, Cox, Provazza, Lafaille, Segal, Pomerlau, Cortes del Olmo; Probation: Gina Affsa) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) (Entered: 05/01/2018)	May 1, 2018	May 1, 2018 PACER
52	Judge Mark L. Wolf: ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/02/2018)	May 2, 2018	May 2, 2018 PACER
	Order on Motion for Extension of Time to File Response/Reply	May 2, 2018	May 2, 2018 PACER
	Judge Mark L. Wolf: ELECTRONIC ORDER entered finding as moot 15 Motion for Extension of Time to File Response/Reply (Bono, Christine)	May 2, 2018	May 2, 2018 PACER
53	Transcript of Status Conference held on May 1, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/4/2018. Release of Transcript Restriction set for 8/1/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/03/2018)	May 3, 2018	May 3, 2018 PACER
54	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/03/2018)	May 3, 2018	May 3, 2018 PACER
55	MEMORANDUM in Support re 44 MOTION to Dismiss filed by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/03/2018)	May 3, 2018	May 3, 2018 RECAP
56	STATUS REPORT by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 05/03/2018) 1 Exhibit A View on RECAP	May 3, 2018	May 3, 2018 RECAP
57	MEMORANDUM OF LAW by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez to 52 Order. (Prussia, Kevin) (Entered: 05/03/2018)	May 3, 2018	May 3, 2018 PACER
58	Writ of Habeas Corpus ad Testificandum Issued as to Lucimar de Souza for 5/8/2018. (Bono, Christine) (Entered: 05/04/2018)	May 4, 2018	May 4, 2018 PACER
59	MOTION for Leave to Appear Pro Hac Vice for admission of Colleen M. Mccullough Filing fee: $ 100, receipt number 0101-7125965 by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Attachments: # 1 Certificate of Colleen M. McCullough in Support of Motion)(Prussia, Kevin) (Entered: 05/04/2018) 1 Certificate of Colleen M. McCullough in Support of Motion View on PACER	May 4, 2018	May 4, 2018 PACER
60	JOINT STATEMENT of counsel regarding order of issues to be considered. (Lafaille, Adriana) (Entered: 05/04/2018)	May 4, 2018	May 4, 2018 RECAP
61	Judge Mark L. Wolf: ELECTRONIC ORDER entered Granting 59 Motion for Leave to Appear Pro Hac Vice Added Colleen M. McCullough. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Franklin, Yvonne) (Entered: 05/07/2018)	May 7, 2018	May 7, 2018 PACER
62	NOTICE of Appearance by Kathleen M. Gillespie on behalf of Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez, Yolanda Smith (Gillespie, Kathleen) (Entered: 05/07/2018)	May 7, 2018	May 7, 2018 PACER
63	Amended JOINT STATEMENT of counsel regarding order of issues to be considered. (Lafaille, Adriana) (Entered: 05/07/2018)	May 7, 2018	May 7, 2018 PACER
64	Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/8/2018. (Exhibits entered: (1) 4/27/18 "Decision to Continue Detention" letter directed to Lucimar de Souza; (2) 5/3/18 "Notice to Alien of File Custody Review" letter directed to Eduardo Junqueira). Decision and Order shall issue. Parties shall order transcript on an expedited basis. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Piemonte, Sady, Lafaille, Cox, McCullough, Pomerleau, Marzouk; Probation Officer Susan Walls) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Bono, Christine) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER
65	Judge Mark L. Wolf: "The proposed briefing schedule is hereby ADOPTED. Hearing date(s) will be set after briefing is complete. ENDORSED ORDER entered. re 63 Joint statement of counsel (Bono, Christine) (Entered: 05/08/2018)	May 8, 2018	May 8, 2018 PACER
66	Judge Mark L. Wolf: ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/09/2018)	May 8, 2018	May 8, 2018 RECAP
67	AFFIDAVIT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 RECAP
68	STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/11/2018)	May 11, 2018	May 11, 2018 RECAP
69	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The hearing originally scheduled for May 15, 2018, and postponed to accommodate the schedule of counsel for respondents in Calderon, shall be held on May 22, 2018, at 10:00 a.m. and, if necessary, continue on May 23, 2018. 2. Each ICE official identified in the Affidavits from ICE Representatives filed on February 21, 2018 and May 11, 2018 shall appear at the May 22, 2018 hearing to testify, if necessary. 3. Each potential witness shall comply with the Sequestration Order being issued with this Order." ORDER entered. (Attachments: # 1 Sequestration Order)Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/14/2018) 1 Sequestration Order View on RECAP	May 14, 2018	May 14, 2018 RECAP
70	Judge Mark L. Wolf: "The May 15, 2018 hearing is hereby CANCELLED and will be rescheduled." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW(Bono, Christine) (Entered: 05/14/2018)	May 14, 2018	May 14, 2018 PACER
71	NOTICE of Appearance by J. Max Weintraub on behalf of Thomas Brophy, Christopher Cronen, Thomas Homan, Kirstjen M NIELSEN, Yolanda Smith, STEVEN W TOMPKINS, Donald J. Trump (Weintraub, J.) (Entered: 05/16/2018)	May 16, 2018	May 16, 2018 PACER
72	STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 RECAP
73	Transcript of Hearing held on May 8, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/8/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/16/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
74	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/18/2018)	May 18, 2018	May 18, 2018 PACER
75	Transcript of Lobby Conference held on May 8, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
76	NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10307-MLW, 1:18-cv-10310-MLW, 1:18-cv-10579-MLW(Scalfani, Deborah) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
77	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Acting Assistant Field Office Director Marc McGee shall attend the May 22, 2018 hearing and be prepared to testify if necessary. 2. Mr. McGee and Acting Field Office Director Thomas Brophy shall review Dos Santos' records and be prepared to testify regarding, among other things, whether "ICE officers told [Dos Santos] he would not be allowed to [sign travel documents]," and if so, why. Report (Docket No. 57) at 52. 3. Petitioner Edjann Dos Santos shall also be prepared to testify if necessary." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
78	Opposition re 49 MOTION for Temporary Restraining Order and Preliminary Injunctive Relief filed by Kirstjen M NIELSEN. (Attachments: # 1 Exhibit A)(Larakers, Mary) (Entered: 05/21/2018) 1 Exhibit A View on PACER	May 21, 2018	May 21, 2018 RECAP
79	RESPONSE to Motion re 44 MOTION to Dismiss filed by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 RECAP
	Notice of Hearing on Motion	May 21, 2018	May 21, 2018 PACER
	ELECTRONIC NOTICE : Hearing set for 5/22/2018 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. Hearing shall continue 5/23/2018, if necessary, 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. See 69 Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine)	May 21, 2018	May 21, 2018 PACER
80	Letter/request (non-motion) from John Hawkinson. (Bono, Christine) (Entered: 05/23/2018)	May 22, 2018	May 22, 2018 RECAP
81	Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/22/2018. Petitioner E. Dos Santos is present. Witnesses Thomas Brophy and James Rutherford called. Witnesses sworn and give testimony. Exhibits 1-8 entered. Hearing continued to 5/23/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weintraub, Sady, Pomerleau, Marzouk, Rubin, Lafaille, Prussia, Cox, McCullough, Segal, Sewall) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/23/2018)	May 23, 2018	May 23, 2018 PACER
84	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Unless otherwise ordered, the hearing that began on May 22, 2018 shall resume on May 30, 2018, at 9:30 a.m. 2. The parties in Calderon v. Cronen, C.A. No. 18-10225, shall confer and, by May 25, 2018 at 12:00 noon, report whether they have reached an agreement to resolve the case or any issues in it and, if not, how the case should proceed, including: whether the schedules for briefing the motions to dismiss, for a preliminary injunction, and/or for class certification should be modified; whether they request more time to confer; and whether the hearing on May 30, 2018 should be continued. If the parties do not request that the May 30, 2018 hearing be continued, they shall propose an agenda for it. 3. The parties in Dos Santos v. Nielsen, C.A. No. 10310, shall, by May 29, 2018, report the status of the case or file a stipulation of dismissal. 4. The parties in Calderon shall order the transcript of the May 22 and 23, 2018 hearings." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)	May 23, 2018	May 23, 2018 PACER
85	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Brophy, Rutherford, and Lyons shall not discuss with each other or any other prospective witness: (a) what each was asked or answered at the May 22 and 23 hearings; and (b) the facts concerning the cases of De Souza, Junqueira, and Lilian Calderon. 2. Brophy, Rutherford, and Lyons may discuss, among themselves and with other employees of ICE, the general issues raised by the De Souza, Junqueira, and Calderon cases, and any related cases, in discharging their duties as ICE officials, including in making the transition to Lyons as Acting Field Office Director on June 1, 2018. 3. The May 14, 2018 Sequestration Order otherwise remains in effect." ORDER entered. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)	May 23, 2018	May 23, 2018 PACER
82	Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 5/23/2018. Petitioner E. Dos Santos is present. Witnesses Thomas Brophy and James Rutherford remain under oath and testimony continues. Exhibits 9 and 10 entered. Exhibits A and B entered under seal. Witness Todd Lyons is sworn and gives testimony. Hearing continued to 5/30/2018. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Larakers, Weintraub, Sady, Pomerleau, Marzouk, Rubin, Lafaille, Prussia, Cox, McCullough, Segal, Sewall) Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018)	May 24, 2018	May 24, 2018 PACER
83	Exhibit and Witness List. (Attachments: # 1 Exhibit 2, # 2 Exhibit 6, # 3 Exhibit 9, # 4 Exhibit 10; Exhibit 4 is DVD video format and available in the Clerk's Office upon request.)Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Bono, Christine) (Entered: 05/24/2018) 1 Exhibit Ex. 2 View on RECAP 2 Exhibit Ex. 6 View on RECAP 3 Exhibit Ex. 9 View on RECAP 4 Exhibit Ex. 10 View on RECAP	May 24, 2018	May 24, 2018 RECAP
86	STATUS REPORT by Lilian Pahola Calderon Jimenez, Amy Chen, Sandro De Souza, Lucimar De Souza, Sergio Francisco, Deng Gao, Luis Gordillo, Oscar Rivas, Celina Rivera Rivas, Carmen Sanchez. (Prussia, Kevin) (Entered: 05/25/2018)	May 25, 2018	May 25, 2018 RECAP
87	Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. The May 30, 2018 hearing is CANCELLED and, if necessary, will be rescheduled. 2. The parties shall continue to confer and, by 12:00 noon on June 1, 2018, report whether any or all of the remaining issues in this case have been resolved. If all issues have not been resolved, they shall report whether the evidence at the May 22 and 23, 2018 hearings requires additional submissions concerning the motions to dismiss, for preliminary injunction, and/or for class certification. If so, the parties shall propose a schedule for additional briefing. 3. Although it may be altered following the June 1, 2018 report, the briefing schedule proposed in paragraph 4 of the Joint Statement is adopted." ORDER entered. (Bono, Christine) (Entered: 05/25/2018)	May 25, 2018	May 25, 2018 RECAP
88	STATUS REPORT by Kirstjen M NIELSEN. (Larakers, Mary) (Entered: 06/01/2018)	June 1, 2018	June 1, 2018 RECAP
89	Transcript of Hearing held on May 22, 2018, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 6/25/2018. Redacted Transcript Deadline set for 7/5/2018. Release of Transcript Restriction set for 9/4/2018. Associated Cases: 1:18-cv-10225-MLW, 1:18-cv-10310-MLW(Scalfani, Deborah) (Entered: 06/04/2018)	June 4, 2018	June 4, 2018 PACER

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Case Details

State / Territory: Massachusetts

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 5, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two classes of U.S. citizens and their noncitizen spouses who have final orders of removal, pending or approved I-130 petitions, are not ineligible for a provisional waiver under 8 C.F.R. § 212.7(e)(4)(i) or (vi), and are within the jurisdiction of the Boston ICE-ERO field office.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

United States of America, Federal

Suffolk County, County

Defendant Type(s):