Case: Garland v. Gonzalez (Aleman Gonzalez v. Sessions)

3:18-cv-01869 | U.S. District Court for the Northern District of California

Filed Date: May 27, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 27, 2018, immigrant detainees who had been held for more than six months without a bond hearing during the pendency of their removal proceedings petitioned the U.S. District Court for the Northern District of California for a writ of habeas corpus; they also sought declaratory and injunctive relief. Represented by Centro Legal de la Raza, the American Civil Liberties Union of California, and private counsel, the plaintiffs brought this class action pursuant to 28 U.S.C. §§ 1331, 2241, …

On March 27, 2018, immigrant detainees who had been held for more than six months without a bond hearing during the pendency of their removal proceedings petitioned the U.S. District Court for the Northern District of California for a writ of habeas corpus; they also sought declaratory and injunctive relief. Represented by Centro Legal de la Raza, the American Civil Liberties Union of California, and private counsel, the plaintiffs brought this class action pursuant to 28 U.S.C. §§ 1331, 2241, and 1651.

The named plaintiffs were San Francisco Bay area fathers who had been arrested by ICE in fall 2017 and were subsequently detained for over six months without a bond hearing. The government was prohibited from deporting them because an Asylum Officer found that they each had a “reasonable fear of persecution.” Consequently, they had live claims in the Immigration Court and were fighting deportation in “withholding only” proceedings. They had also moved for bond hearings in their cases before the Immigration Court, but their motions were denied for lack of jurisdiction.

The plaintiffs sought a court order requiring that the defendants provide individualized bond hearings before an Immigration Judge after 180 days of detention and every 180 days thereafter if denied. The plaintiffs also sought a declaration that failure to provide such a hearing violated the Due Process Clause of the Fifth Amendment and the statutory requirements of the Immigration and Nationality Act (INA) 8 U.S.C. §§ 1101 and the Administrative Procedure Act (APA) 5 U.S.C. § 703. Once filed, the case was assigned to Magistrate Judge Jacqueline Scott Corley.

On April 12, 2018, the plaintiffs moved to certify a class of “all individuals who are detained pursuant to 8 U.S.C. § 1231(a)(6) in the Ninth Circuit by, or pursuant to the authority of, the U.S. Immigration and Customs Enforcement (“ICE”), and who have reached or will reach six months in detention, and have been or will be denied a prolonged detention bond hearing before an Immigration Judge.” The class was defined to exclude classes of similarly-situated individuals involved in other litigation, such as Rodriguez v. Hayes, available here in this Clearinghouse and which reached the Supreme Court as Jennings v. Rodriguez, 138 S. Ct. 830 (2018). The relevant statute, 8 U.S.C. § 1231(a)(6), authorizes the detention of individuals with final orders of removal. However, the plaintiffs in this case challenged their removal orders and, as a result, the government was prohibited from deporting them. On the same date, the plaintiffs moved for a preliminary injunction to prevent the government from continuing to detain class members for over 180 days without a bond hearing.

The defendants filed their opposition to these motions on May 3, 2018. The parties’ primary disagreement related to whether the Supreme Court decision in Jennings had effectively overturned Ninth Circuit precedent on this issue. Specifically, the plaintiffs relied on the Ninth Circuit's decision in Diouf II which held that an individual facing prolonged detention (i.e., over 180 days) under 8 U.S.C. section 1231(a)(6) “is entitled to release on bond unless the government establishes that he is a flight risk or a danger to the community.” Diouf v. Napolitano, 634 F.3d 1081, 1082 (9th Cir. 2011). The plaintiffs filed their reply on May 17, 2018.

On June 5, 2018, Judge Corley found that Jennings did not overrule Diouf II and that they were not irreconcilable. She granted a preliminary injunction and class certification so that people who have been detained under 8 U.S.C. § 1231(a)(6) with “live claims” (i.e., before the Immigration Court, Board of Immigration Appeals, or a circuit court of appeals) cannot be held by the government for more than 180 days without a bond hearing before an Immigration Judge. At these hearings, the Department of Homeland Security (DHS) would bear the burden to prove by clear and convincing evidence that prolonged detention was warranted (i.e., that a detainee is a flight risk or a danger to the community). According to the ACLU, the ruling is expected to affect hundreds of people detained throughout the Ninth Circuit. According to Centro Legal de la Raza, this order does not extend to arriving aliens held under 8 U.S.C. § 1225(b) or mandatory detainees held under 8 U.S.C. § 1226(c). 325 F.R.D. 616.

On July 20, 2018, Judge Corley issued an order clarifying her June 5, 2018 in response to a motion for clarification filed by the defendants on June 20, 2018. She ordered that the preliminary injunction applied only to immigration detainees who have “live claims” before an adjudicative body, and not to any detainee held in ICE custody for over 180 days.

On August 3, 2018, the defendants appealed the class certification and injunction to the Ninth Circuit (docket no. 18-16465).

On November 16, 2018, the plaintiffs filed a motion in the district court requesting enforcement of the court's June 5 order as to class members transferred to detention facilities outside of the jurisdiction of the Ninth Circuit. The plaintiffs claimed that, as class members, they are entitled to the protection of the court's order. Defendants argued that upon transfer outside the Ninth Circuit they are no longer class members and no longer entitled to prolonged detention bond hearings after 180 days.

On January 25, 2019, Judge Corley denied the plaintiffs' motion. In her order, she explained that the plaintiffs' reading of the certified class was too broad to embrace class members transferred outside of the Ninth Circuit, and that the plaintiffs had not shown that the defendants had otherwise failed to comply with the June 5 order. 2019 WL 330466.

On March 13, 2019, the District Court further required the defendants to provide the plaintiffs with a class list periodically in order to demonstrate compliance.

On April 7, 2020 the Ninth Circuit issued an opinion affirming the district court's June 5, 2018 order. The Court held that the plaintiffs were likely to succeed on the merits of their claim that § 1231(a)(6) requires the government to provide class members with an individualized bond hearing in accordance with Diouf II. It also agreed that Diouf II was not clearly irreconcilable with Jennings and that the burden was on the government to show that a detained class member was a flight risk or a danger in order to continue holding them without violating due process. 2020 WL 1684034.

Back in the district court, on April 10, 2020, the plaintiffs moved to enforce and amend the preliminary injunction. On June 19, 2020, this motion was granted in part and denied in part. 2020 WL 3402227. Specifically, the plaintiffs sought to require the defendants to do three things: (1) hold bond hearings within seven days of a class member's 180th day in detention; (2) notify class members of their scheduled bond hearings by their 165th day in detention and (3) explain any delays in bond hearings that occur after seven days of a class member's 180th; day. The court denied the plaintiffs' second request (notification of their scheduled bond hearing by their 165th day in detention), reasoning that a detainee did not become a class member until their 180th day and thus relief could not be granted to non-class members. The court observed that the defendants were able to provide the vast majority of class members with a hearing within 15 days of their 180th day; thus, the court amended the June 2018 order to require an explanation by the defendants when they failed to provide a bond hearing within 15 days of a class member's 180th day in detention. Further, the court amended the June 2018 order to require defendants to post a notice of the preliminary injunction in detention facilities that includes a list of the requirements to qualify as a class member so that detainees may pro se identify their class membership in the event that the defendants erred in identification.

The court further required the defendants to more clearly report bond hearing outcomes. Specifically, classifications of "no action" were required to be changed so that a clearer result of the hearings would be known. The court, however, denied the plaintiffs' motion as it pertained to requiring more information regarding how the defendants identified potential class members, reasoning that such heightened requirements were unnecessary.

On September 11, 2020, the federal government filed a petition for writ of certiorari with the Supreme Court asking it to review the Ninth Circuit's April 2020 affirmance of the preliminary injunction. No. 20-322. The Solicitor General framed the question presented as:

Whether an alien who is detained under 8 U.S.C. 1231 is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge that the alien is a flight risk or a danger to the community.

The Supreme Court granted review on August 23, 2021, with an order adding an additional question: "Whether, under 8 U. S. C. § 1252(f)(1), the courts below had jurisdiction to grant classwide injunctive relief."

On June 13, 2022, the Court reversed and remanded the lower court's ruling. This case is ongoing.

Summary Authors

Veronica Portillo Heap (10/28/2018)

Sam Kulhanek (4/10/2020)

Related Cases

Rodriguez v. Hayes, Central District of California (2007)

Flores Tejada v. Godfrey, Western District of Washington (2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6386112/parties/aleman-gonzalez-v-whitaker/


Judge(s)

Corley, Jacqueline Scott (California)

Fernandez, Ferdinand Francis (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Green, Matthew Harrison (Arizona)

Kaufman, Michael Bryan (California)

Knox, Lisa V. (California)

Lakin, Judah Ben (California)

Lakin [inactive], Judah Ben (California)

Mass, Julia Harumi (California)

Newmark, Jesse Mica (California)

Judge(s)

Corley, Jacqueline Scott (California)

Fernandez, Ferdinand Francis (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Green, Matthew Harrison (Arizona)

Kaufman, Michael Bryan (California)

Knox, Lisa V. (California)

Lakin, Judah Ben (California)

Lakin [inactive], Judah Ben (California)

Mass, Julia Harumi (California)

Newmark, Jesse Mica (California)

Pennington, Alison (California)

Rabinovich, Julia (California)

Ramos, Carolina Martin (California)

Sinodis, John Nicholas (California)

Talla, Vasudha (California)

Vakili, Bardis (California)

Vakili [inactive], Bardis (California)

VanDerHout, Marc (California)

Wille, Amalia Margarete (California)

Wille [inactive], Amalia Margarete (California)

Attorneys(s) for Defendant

Alsterberg, Cara Elizabeth (District of Columbia)

Kurz, Julian (District of Columbia)

Larakers, Mary (District of Columbia)

Nickerson, Theo (District of Columbia)

Seamon, Matthew Patrick (District of Columbia)

Expert/Monitor/Master

Miller, Eric David (Washington)

Documents in the Clearinghouse

Document

3:18-cv-01869

Docket [PACER]

Gonzalez v. Sessions

Dec. 11, 2020

Dec. 11, 2020

Docket
1

3:18-cv-01869

Complaint

Gonzalez v. Sessions

March 27, 2018

March 27, 2018

Complaint
33

3:18-cv-01869

Order Re Plaintiff's Motions for Class Certification and Preliminary Injunction

Gonzalez v. Sessions

325 F.R.D. 616

June 5, 2018

June 5, 2018

Order/Opinion
42

3:18-cv-01869

Order Re: Defendants' Motion for Clarification of the Court's June 5, 2018 Order

Gonzalez v. Sessions

July 20, 2018

July 20, 2018

Order/Opinion
73

3:18-cv-01869

Opinion

Gonzalez v. Barr

U. S. Court of Appeals for the Ninth Circuit

955 F.3d 762, 2020 WL 1684034

April 7, 2020

April 7, 2020

Order/Opinion
85

3:18-cv-01869

Order Re: Plaintiffs' Motion to Enforce the Court's March 13, 2019 Order and Amend the Court's June 5, 2018 Order

Aleman Gonzalez v. Barr

June 19, 2020

June 19, 2020

Order/Opinion

20-00322

Opinion of the Court

Garland v. Gonzalez

Supreme Court of the United States

2022 WL 2111346

June 13, 2022

June 13, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6386112/aleman-gonzalez-v-whitaker/

Last updated May 29, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Declaratory and Injunctive Relief And Petition for Writ of Habeas Corpus against Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III (Filing fee $ 400, receipt number 0971-12222349). Filed by Esteban Aleman Gonzalez. (Attachments: # 1 Civil Cover Sheet)(Lakin, Judah) (Filed on 3/27/2018) Modified on 3/28/2018 (slhS, COURT STAFF). (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
2

Proposed Summons. (Lakin, Judah) (Filed on 3/27/2018) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
3

ADMINISTRATIVE MOTION to Consider Whether Case Should Be Related to Liborio Ramos v. Sessions, No. 18-CV-00413-JST filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. Responses due by 4/2/2018. (Attachments: # 1 Proposed Order, # 2 Declaration)(Wille, Amalia) (Filed on 3/27/2018) Modified on 3/28/2018 (slhS, COURT STAFF). (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
4

Certificate of Interested Entities or Persons filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez (VanDerHout, Marc) (Filed on 3/27/2018) Modified on 3/28/2018 (slhS, COURT STAFF). (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
5

Case assigned to Magistrate Judge Jacqueline Scott Corley. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/10/2018. (haS, COURT STAFF) (Filed on 3/27/2018) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
6

Summons Issued as to Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (slhS, COURT STAFF) (Filed on 3/28/2018) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER

Electronic filing error Re: 4 Affidavit filed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slhS, COURT STAFF) (Filed on 3/28/2018)

March 28, 2018

March 28, 2018

PACER

Electronic filing error Re: 3 ADMINISTRATIVE MOTION to Consider Whether Case Should Be Related filed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. Please re-file in its entirety into case no. 18-CV-00413-JST (slhS, COURT STAFF) (Filed on 3/28/2018)

March 28, 2018

March 28, 2018

PACER
7

CLERK'S NOTICE re 3 ADMINISTRATIVE MOTION to Consider Whether Case Should Be Related to Liborio Ramos v. Sessions, No. 18-CV-00413-JST. The court has reviewed the motion and determined that no cases are related and no reassignments shall occur. (wsn, COURT STAFF) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
8

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs-Petitioners shall file a consent or declination to proceed before a magistrate judge by 4/10/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 4/2/2018) (Entered: 04/02/2018)

April 2, 2018

April 2, 2018

PACER
9

CERTIFICATE OF SERVICE by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez (Lakin, Judah) (Filed on 4/3/2018) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
10

SUMMONS Returned Executed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. David W. Jennings served on 3/29/2018, answer due 5/29/2018; MaryBeth Keller served on 3/29/2018, answer due 5/29/2018; James McHenry served on 3/29/2018, answer due 5/29/2018; Kirstjen Nielsen served on 3/29/2018, answer due 5/29/2018; Jefferson B. Sessions, III served on 3/29/2018, answer due 5/29/2018. (Lakin, Judah) (Filed on 4/3/2018) Modified on 4/5/2018 (slhS, COURT STAFF). (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
11

SUMMONS Returned Executed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. David O. Livingston served on 3/30/2018, answer due 4/20/2018. (Lakin, Judah) (Filed on 4/3/2018) Modified on 4/5/2018 (slhS, COURT STAFF). (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
12

SUMMONS Returned Executed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. David O. Livingston served on 3/30/2018, answer due 4/20/2018. (Lakin, Judah) (Filed on 4/3/2018) Modified on 4/5/2018 (slhS, COURT STAFF). (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
13

NOTICE of Appearance by Mary Lynn Larakers (Larakers, Mary) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
14

NOTICE of Appearance by Matthew Patrick Seamon (Seamon, Matthew) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
15

CLERK'S NOTICE Re: Consent or Declination: Respondents-Defendants shall file a consent or declination to proceed before a magistrate judge by 4/18/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
16

NOTICE of Appearance by Cara Elizabeth Alsterberg (Alsterberg, Cara) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
17

NOTICE of Appearance by Julian M Kurz (Kurz, Julian) (Filed on 4/4/2018) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
18

NOTICE of Appearance by Theo Nickerson on behalf of all Defendants (Nickerson, Theo) (Filed on 4/5/2018) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
19

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez.. (Wille, Amalia) (Filed on 4/6/2018) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
20

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III.. (Alsterberg, Cara) (Filed on 4/9/2018) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
21

MOTION to Certify Class filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. Motion Hearing set for 5/31/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 4/26/2018. Replies due by 5/3/2018. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Wille, Amalia) (Filed on 4/12/2018) (Entered: 04/12/2018)

1 Exhibit

View on PACER

2 Proposed Order

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April 12, 2018

April 12, 2018

RECAP
22

MOTION for Preliminary Injunction filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. Motion Hearing set for 5/31/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 4/26/2018. Replies due by 5/3/2018. (Attachments: # 1 Proposed Order)(Wille, Amalia) (Filed on 4/12/2018) (Entered: 04/12/2018)

1 Proposed Order

View on PACER

April 12, 2018

April 12, 2018

RECAP
23

STIPULATION WITH PROPOSED ORDER re 22 MOTION for Preliminary Injunction, 21 MOTION to Certify Class filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Wille, Amalia) (Filed on 4/12/2018) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
24

ORDER by Magistrate Judge Jacqueline Scott Corley granting 23 Stipulation regarding briefing schedule on Plaintiff's Motion for Class Certification and Plaintiff's Motion for Preliminary Injunction. (ahm, COURT STAFF) (Filed on 4/13/2018) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER

Set/Reset Deadlines as to 22 MOTION for Preliminary Injunction, 21 MOTION to Certify Class . Responses due by 5/3/2018. Replies due by 5/17/2018. (ahm, COURT STAFF) (Filed on 4/13/2018)

April 13, 2018

April 13, 2018

PACER
25

First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12294538.) filed by Esteban Aleman Gonzalez. (Attachments: # 1 Supplement Certificate of Good Standing)(Green, Matthew) (Filed on 4/23/2018) (Entered: 04/23/2018)

1 Supplement Certificate of Good Standing

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April 23, 2018

April 23, 2018

PACER
26

ORDER by Magistrate Judge Jacqueline Scott Corley granting 25 Motion for Pro Hac Vice as to Matthew Green. (ahm, COURT STAFF) (Filed on 4/24/2018) (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
27

OPPOSITION/RESPONSE (re 22 MOTION for Preliminary Injunction ) filed byKristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit A - AG Expedited Removal Order, # 2 Exhibit B - AG Reinstatement Order, # 3 Exhibit C - AG Notice of Referral to IJ, # 4 Exhibit D - AG Bond Decision of IJ, # 5 Exhibit E - AG Notice of Hearing, # 6 Exhibit F - AG Decision to Continue Detention, # 7 Exhibit G - GS Expedited Removal Order, # 8 Exhibit H - GS Reinstatement Order, # 9 Exhibit I - GS Notice of Referral to IJ, # 10 Exhibit J - GS Bond Order of IJ, # 11 Exhibit K - GS Notice of Hearing)(Kurz, Julian) (Filed on 5/3/2018) (Entered: 05/03/2018)

1 Exhibit A - AG Expedited Removal Order

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2 Exhibit B - AG Reinstatement Order

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3 Exhibit C - AG Notice of Referral to IJ

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4 Exhibit D - AG Bond Decision of IJ

View on RECAP

5 Exhibit E - AG Notice of Hearing

View on PACER

6 Exhibit F - AG Decision to Continue Detention

View on PACER

7 Exhibit G - GS Expedited Removal Order

View on PACER

8 Exhibit H - GS Reinstatement Order

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9 Exhibit I - GS Notice of Referral to IJ

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10 Exhibit J - GS Bond Order of IJ

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11 Exhibit K - GS Notice of Hearing

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May 3, 2018

May 3, 2018

RECAP
28

OPPOSITION/RESPONSE (re 21 MOTION to Certify Class ) filed byKristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Alsterberg, Cara) (Filed on 5/3/2018) (Entered: 05/03/2018)

May 3, 2018

May 3, 2018

RECAP
29

REPLY in Support (re 22 MOTION for Preliminary Injunction ) filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Lakin, Judah) (Filed on 5/17/2018) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

RECAP
30

REPLY in Support (re 21 MOTION to Certify Class ) filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Lakin, Judah) (Filed on 5/17/2018) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

RECAP
31

ERRATA re 27 Opposition/Response to Motion,,, by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit L)(Alsterberg, Cara) (Filed on 5/23/2018) (Entered: 05/23/2018)

1 Exhibit L

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May 23, 2018

May 23, 2018

PACER
32

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held on 5/31/2018 re 21 MOTION to Certify Class filed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez and 22 MOTION for Preliminary Injunction filed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. The motions were argued, submitted, and taken under submission. ( FTR Time: 9:02-9:58.)Attorneys for Plaintiffs: Judah Lakin; Marc VanDerHout.Attorneys for Defendants: Cara Alsterberg; Matthew Seamon; Brianna Evans. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 5/31/2018) Modified on 6/14/2018: Matter transcribed by Joan Columbini. (rjdS, COURT STAFF). (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
33

ORDER by Magistrate Judge Jacqueline Scott Corley granting 21 Motion to Certify Class; granting 22 Motion for Preliminary Injunction. (ahm, COURT STAFF) (Filed on 6/5/2018) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

RECAP
34

TRANSCRIPT ORDER for proceedings held on 05/31/18 before Magistrate Judge Jacqueline Scott Corley by Esteban Aleman Gonzalez, for Court Reporter FTR - San Francisco. (VanDerHout, Marc) (Filed on 6/14/2018) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

PACER
35

Transcript of Proceedings held on May 31, 2018, before Judge Jacqueline Scott Corley. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 34 Transcript Order ) Redaction Request due 7/9/2018. Redacted Transcript Deadline set for 7/19/2018. Release of Transcript Restriction set for 9/17/2018. (Related documents(s) 34 ) (Columbini, Joan) (Filed on 6/18/2018) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
36

MOTION for Clarification of the Court's June 5, 2018 Order re 33 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. Motion Hearing set for 7/26/2018 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 7/5/2018. Replies due by 7/12/2018. (Seamon, Matthew) (Filed on 6/20/2018) (Entered: 06/20/2018)

June 20, 2018

June 20, 2018

RECAP
37

OPPOSITION/RESPONSE (re 36 MOTION for Clarification of the Court's June 5, 2018 Order re 33 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction ) filed byEsteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Wille, Amalia) (Filed on 7/5/2018) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

RECAP
38

TRANSCRIPT ORDER for proceedings held on 5/31/18 before Magistrate Judge Jacqueline Scott Corley by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson Beauregard Sessions, III, for Court Reporter Joan Columbini. (Alsterberg, Cara) (Filed on 7/10/2018) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
39

Joint MOTION for Protective Order filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson Beauregard Sessions, III. Responses due by 7/26/2018. Replies due by 8/2/2018. (Seamon, Matthew) (Filed on 7/12/2018) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
40

REPLY in Support (re 36 MOTION for Clarification of the Court's June 5, 2018 Order re 33 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction) filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson Beauregard Sessions, III. (Seamon, Matthew) (Filed on 7/12/2018) Modified on 7/13/2018 (slhS, COURT STAFF). (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

RECAP
41

ORDER by Magistrate Judge Jacqueline Scott Corley granting 39 Stipulated Protective Order. (ahm, COURT STAFF) (Filed on 7/13/2018) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
42

ORDER RE: DEFENDANTS' MOTION FOR CLARIFICATION OF THE COURT'S JUNE 5, 2018. Signed by Magistrate Judge Jacqueline Scott Corley on 7/20/2018. (ahm, COURT STAFF) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

RECAP
43

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. Appeal of Order on Motion to Certify Class, Order on Motion for Preliminary Injunction 33 (Appeal fee: WAIVED) (Seamon, Matthew) (Filed on 8/3/2018)(USCA Case No. 18-16465) (Entered: 08/03/2018)

Aug. 3, 2018

Aug. 3, 2018

PACER
44

USCA Case Number 18-16465 for 43 Notice of Appeal filed by David O. Livingston, James McHenry, Kirstjen Nielsen, Kristi Butterfield, MaryBeth Keller, David W. Jennings, Jefferson B. Sessions, III. (slhS, COURT STAFF) (Filed on 8/7/2018) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

PACER
45

NOTICE by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez Notice of Withdrawal of Counsel Julia Harumi Mass (Talla, Vasudha) (Filed on 9/10/2018) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
46

MOTION to Enforce Judgment filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. Motion Hearing set for 1/31/2019 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 12/14/2018. Replies due by 1/14/2019. (Attachments: # 1 Notice of Motion to Enforce, # 2 Declaration, # 3 Proposed Order)(Pennington, Alison) (Filed on 11/16/2018) (Entered: 11/16/2018)

1 Notice of Motion to Enforce

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2 Declaration

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3 Proposed Order

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Nov. 16, 2018

Nov. 16, 2018

PACER
47

OPPOSITION/RESPONSE (re 46 MOTION to Enforce Judgment ) filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit A - Jacques Declaration)(Seamon, Matthew) (Filed on 12/14/2018) Modified on 12/17/2018 (amgS, COURT STAFF). (Entered: 12/14/2018)

1 Exhibit A - Jacques Declaration

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Dec. 14, 2018

Dec. 14, 2018

PACER
48

ERRATA re 47 Opposition/Response to Motion, by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit A - Amended Jacques Declaration)(Seamon, Matthew) (Filed on 12/18/2018) (Entered: 12/18/2018)

1 Exhibit A - Amended Jacques Declaration

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Dec. 18, 2018

Dec. 18, 2018

PACER
49

STIPULATION WITH PROPOSED ORDER re 47 Opposition/Response to Motion, 46 MOTION to Enforce Judgment filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (VanDerHout, Marc) (Filed on 1/11/2019) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
50

ORDER by Magistrate Judge Jacqueline Scott Corley granting 49 Stipulation re: briefing schedule. (ahm, COURT STAFF) (Filed on 1/14/2019) (Entered: 01/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER

Set/Reset Deadlines as to 46 MOTION to Enforce Judgment . Replies due by 1/17/2019. (ahm, COURT STAFF) (Filed on 1/14/2019)

Jan. 14, 2019

Jan. 14, 2019

PACER
51

REPLY to Opposition (re 46 MOTION to Enforce Judgment ) filed by Esteban Aleman Gonzalez. (Attachments: # 1 Declaration)(Pennington, Alison) (Filed on 1/17/2019) (Entered: 01/17/2019)

1 Declaration

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Jan. 17, 2019

Jan. 17, 2019

PACER
52

MOTION to Stay Deadlines and Hearing Dates Pending Restoration of Appropriations filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. Motion Hearing set for 2/28/2019 09:00 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 2/1/2019. Replies due by 2/8/2019. (Attachments: # 1 Proposed Order)(Seamon, Matthew) (Filed on 1/18/2019) (Entered: 01/18/2019)

1 Proposed Order

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Jan. 18, 2019

Jan. 18, 2019

PACER
53

OPPOSITION/RESPONSE (re 52 MOTION to Stay Deadlines and Hearing Dates Pending Restoration of Appropriations ) filed byEsteban Aleman Gonzalez. (Pennington, Alison) (Filed on 1/22/2019) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
54

ORDER by Magistrate Judge Jacqueline Scott Corley denying 52 Motion to Stay Deadlines and Hearing Dates Pending Restoration of Appropriations. (ahm, COURT STAFF) (Filed on 1/23/2019) (Entered: 01/23/2019)

Jan. 23, 2019

Jan. 23, 2019

PACER
55

JOINT CASE MANAGEMENT STATEMENT filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Talla, Vasudha) (Filed on 1/24/2019) (Entered: 01/24/2019)

Jan. 24, 2019

Jan. 24, 2019

PACER
56

ORDER by Magistrate Judge Jacqueline Scott Corley denying 46 Motion to Enforce Judgment. (ahm, COURT STAFF) (Filed on 1/25/2019) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

RECAP

Set/Reset Hearing: Further Case Management Conference set for 1/31/2019 at 09:00 AM in San Francisco, Courtroom F, 15th Floor. (ahm, COURT STAFF) (Filed on 1/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
58

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Further Case Management Conference held on 1/31/2019. (FTR Time: 9:04-9:34.) Attorneys for Plaintiffs: Vasudha Talla; Marc VanDerHout; Alsion Penninton.Attorney for Defendants: Matthew Seamon. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 1/31/2019) Modified on 2/27/2019: Matter transcribed by Joan Columbini.(rjdS, COURT STAFF). (Entered: 02/27/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
57

Transcript Designation Form before Judge JSC, re 43 Notice of Appeal, Transcript due by 3/1/2019. (Alsterberg, Cara) (Filed on 2/12/2019) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
59

TRANSCRIPT ORDER for proceedings held on 01/31/2019 before Magistrate Judge Jacqueline Scott Corley by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez, for Court Reporter FTR - San Francisco. (Talla, Vasudha) (Filed on 2/27/2019) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
60

TRANSCRIPT ORDER before Magistrate Judge Jacqueline Scott Corley by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, for Court Reporter FTR - San Francisco. (Alsterberg, Cara) (Filed on 2/27/2019) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
61

Transcript of Proceedings held on January 31, 2019, before Judge Jacqueline Scott Corley. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 59 Transcript Order, 60 Transcript Order, ) Redaction Request due 3/21/2019. Redacted Transcript Deadline set for 4/1/2019. Release of Transcript Restriction set for 5/29/2019. (Related documents(s) 59, 60 ) (Columbini, Joan) (Filed on 2/28/2019) (Entered: 02/28/2019)

Feb. 28, 2019

Feb. 28, 2019

PACER
62

NOTICE by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez of Plaintiffs' Submission of Proposed Order regarding Defendants Compliance Reports (Attachments: # 1 Proposed Order regarding Defendants Compliance Reports, # 2 Declaration of Judah Lakin, # 3 Exhibit A to Lakin Declaration, # 4 Exhibit B to Lakin Declaration, # 5 Exhibit C to Lakin Declaration, # 6 Exhibit D to Lakin Declaration)(Talla, Vasudha) (Filed on 3/6/2019) (Entered: 03/06/2019)

1 Proposed Order regarding Defendants Compliance Reports

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2 Declaration of Judah Lakin

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3 Exhibit A to Lakin Declaration

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4 Exhibit B to Lakin Declaration

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5 Exhibit C to Lakin Declaration

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6 Exhibit D to Lakin Declaration

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March 6, 2019

March 6, 2019

PACER
63

RESPONSE re 62 Notice (Other), by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Proposed Order Proposed Order)(Alsterberg, Cara) (Filed on 3/7/2019) (Entered: 03/07/2019)

1 Proposed Order Proposed Order

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March 7, 2019

March 7, 2019

PACER
64

ORDER RE: DEFENDANTS' COMPLIANCE REPORTS. Signed by Magistrate Judge Jacqueline Scott Corley on 3/13/2019. (ahm, COURT STAFF) (Filed on 3/13/2019) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
65

MOTION for Extension of Time to File Declaration Regarding Class Identification filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Declaration, # 2 Proposed Order)(Seamon, Matthew) (Filed on 3/18/2019) (Entered: 03/18/2019)

1 Declaration

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2 Proposed Order

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March 18, 2019

March 18, 2019

PACER
66

ORDER by Magistrate Judge Jacqueline Scott Corley granting 65 Motion for Extension of Time to File Declaration Regarding Class Identification. Deadline is extended to April 10, 2019. (ahm, COURT STAFF) (Filed on 3/19/2019) (Entered: 03/19/2019)

March 19, 2019

March 19, 2019

PACER
67

STATUS REPORT and Filing of Declarations by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit A - Jacques Declaration, # 2 Exhibit B - Muirhead Declaration, # 3 Exhibit C - Matuszewski Declaration, # 4 Exhibit D - Cantu Declaration, # 5 Exhibit E - Cantrell Declaration, # 6 Exhibit F - Cheng Declaration)(Seamon, Matthew) (Filed on 4/10/2019) (Entered: 04/10/2019)

1 Exhibit A - Jacques Declaration

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2 Exhibit B - Muirhead Declaration

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3 Exhibit C - Matuszewski Declaration

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4 Exhibit D - Cantu Declaration

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5 Exhibit E - Cantrell Declaration

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6 Exhibit F - Cheng Declaration

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April 10, 2019

April 10, 2019

PACER
68

STIPULATION WITH PROPOSED ORDER re 33 Order on Motion to Certify Class, Order on Motion for Preliminary Injunction (Modify Order to Appoint Additional Class Counsel) filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Wille, Amalia) (Filed on 1/9/2020) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
69

ORDER by Magistrate Judge Jacqueline Scott Corley granting 68 Stipulation TO MODIFY THE COURT'S ORDER RE PLAINTIFFS' MOTIONS FOR CLASS CERTIFICATION AND PRELIMINARY INJUNCTION, TO APPOINT ADDITIONAL CLASS COUNSEL. (ahm, COURT STAFF) (Filed on 1/10/2020) (Entered: 01/12/2020)

Jan. 10, 2020

Jan. 10, 2020

RECAP
70

NOTICE of Appearance by Carolina Martin Ramos (Ramos, Carolina) (Filed on 1/13/2020) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
71

NOTICE of Appearance by John Nicholas Sinodis for Plaintiffs (Sinodis, John) (Filed on 1/14/2020) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
72

ORDER of USCA as to 43 Notice of Appeal, filed by David O. Livingston, James McHenry, Kirstjen Nielsen, Kristi Butterfield, MaryBeth Keller, David W. Jennings, Jefferson B. Sessions, III (msrS, COURT STAFF) (Filed on 4/1/2020) (Entered: 04/02/2020)

April 1, 2020

April 1, 2020

PACER
73

USCA Memorandum/Opinion as to 43 Notice of Appeal, filed by David O. Livingston, James McHenry, Kirstjen Nielsen, Kristi Butterfield, MaryBeth Keller, David W. Jennings, Jefferson B. Sessions, III (msrS, COURT STAFF) (Filed on 4/7/2020) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
74

Administrative Motion to File Under Seal filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Attachments: # 1 Declaration ISO Motion to File Under Seal, # 2 Proposed Order, # 3 Redacted Version of Motion to Enforce and Motion to Amend, # 4 Unredacted Version of Motion to Enforce and Motion to Amend, # 5 Declaration Declaration ISO Motion to Enforce and Motion to Amend, # 6 Notice of Motion to Enforce and Motion to Amend, # 7 Exhibit Redacted Version of A-H, # 8 Exhibit Unredacted Version of A-H, # 9 Exhibit Redacted Version of I-N, # 10 Exhibit Unredacted Version of I-N, # 11 Exhibit Redacted Version of O-S, # 12 Exhibit Unredacted Version of O-S, # 13 Exhibit Redacted Version of T-V, # 14 Exhibit Unredacted Version of T-V)(Van Der Hout, Marc) (Filed on 4/10/2020) Modified on 4/13/2020 (mclS, COURT STAFF). (Entered: 04/10/2020)

1 Declaration Declaration ISO Motion to File Under Seal

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2 Proposed Order Proposed Order

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3 Redacted Version of Motion to Enforce and Motion to Amend

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5 Declaration Declaration ISO Motion to Enforce and Motion to Amend

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6 Notice of Motion to Enforce and Motion to Amend

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7 Exhibit Redacted Version of A-H

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9 Exhibit Redacted Version of I-N

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11 Exhibit Redacted Version of O-S

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13 Exhibit Redacted Version of T-V

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April 10, 2020

April 10, 2020

PACER
75

Second MOTION Enforce and Amend filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. Motion Hearing set for 6/18/2020 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Jacqueline Scott Corley. Responses due by 5/8/2020. Replies due by 5/29/2020. (Attachments: # 1 Notice of Motion to Enforce and Motion to Amend, # 2 Declaration Declaration ISO Motion to Enforce and Motion to Amend, # 3 Exhibit Redacted Exhibits A-H, # 4 Exhibit Redacted Exhibits I-N, # 5 Exhibit Redacted Exhibit O-S, # 6 Exhibit Redacted Exhibit T-V)(Van Der Hout, Marc) (Filed on 4/10/2020) (Entered: 04/10/2020)

1 Notice of Motion to Enforce and Motion to Amend

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2 Declaration Declaration ISO Motion to Enforce and Motion to Amend

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3 Exhibit Redacted Exhibits A-H

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4 Exhibit Redacted Exhibits I-N

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5 Exhibit Redacted Exhibit O-S

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6 Exhibit Redacted Exhibit T-V

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April 10, 2020

April 10, 2020

RECAP
76

STIPULATION WITH PROPOSED ORDER re 75 Second MOTION Enforce and Amend (re Briefing Schedule) filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Seamon, Matthew) (Filed on 4/14/2020) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
77

ORDER by Magistrate Judge Jacqueline Scott Corley granting 76 Stipulation re Briefing Schedule.(ahm, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
78

Administrative Motion to File Under Seal filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Declaration ISO Motion to File Under Seal, # 2 Proposed Order, # 3 Redacted Version of Defendants' Response to Plaintiffs' Motion to Enforce and Amend, # 4 Unredacted Version of Defendants' Response to Plaintiffs' Motion to Enforce and Amend, # 5 Unredacted Version of Exhibit A, # 6 Redacted Version of Exhibit B, # 7 Unredacted Version of Exhibit B, # 8 Unredacted Version of Exhibit C)(Seamon, Matthew) (Filed on 5/8/2020) (Entered: 05/08/2020)

1 Declaration ISO Motion to File Under Seal

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2 Proposed Order

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3 Redacted Version of Defendants' Response to Plaintiffs' Motion to Enf

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6 Redacted Version of Exhibit B

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May 8, 2020

May 8, 2020

PACER
79

OPPOSITION/RESPONSE (re 75 Second MOTION Enforce and Amend ) filed byKristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Exhibit Redacted Exhibit A, # 2 Exhibit Redacted Exhibit B, # 3 Exhibit Redacted Exhibit C)(Seamon, Matthew) (Filed on 5/8/2020) (Entered: 05/08/2020)

1 Exhibit Redacted Exhibit A

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2 Exhibit Redacted Exhibit B

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3 Exhibit Redacted Exhibit C

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May 8, 2020

May 8, 2020

PACER
80

Second Administrative Motion to File Under Seal Unopposed by Defendants filed by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Attachments: # 1 Declaration Declaration ISO Admin Motion to File Under Seal, # 2 Proposed Order Proposed Order, # 3 Redacted Version of Reply ISO Motion to Enforce/Amend, # 4 Unredacted Version of Reply ISO of Motion to Enforce/Amend, # 5 Declaration Authenticating Declaration ISO of Reply, # 6 Exhibit Redacted Version of Exhibit A, # 7 Exhibit Unredacted Version of Exhibit A, # 8 Exhibit Redacted Version of Exhibit B, # 9 Exhibit Unredacted Version of Exhibit B, # 10 Exhibit Redacted Version of Exhibit C, # 11 Exhibit Unredacted Version of Exhibit C)(Van Der Hout, Marc) (Filed on 5/29/2020) (Entered: 05/29/2020)

1 Declaration Declaration ISO Admin Motion to File Under Seal

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2 Proposed Order Proposed Order

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3 Redacted Version of Reply ISO Motion to Enforce/Amend

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5 Declaration Authenticating Declaration ISO of Reply

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6 Exhibit Redacted Version of Exhibit A

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8 Exhibit Redacted Version of Exhibit B

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10 Exhibit Redacted Version of Exhibit C

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May 29, 2020

May 29, 2020

PACER
81

REPLY (re 75 Second MOTION Enforce and Amend ) filed byEsteban Aleman Gonzalez, Eduardo Gutierrez Sanchez. (Attachments: # 1 Declaration Authenticating Declaration of Alison Pennington, # 2 Exhibit Redacted Version of Exhibit A, # 3 Exhibit Redacted Version of Exhibit B, # 4 Exhibit Redacted Version of Exhibit C)(Van Der Hout, Marc) (Filed on 5/29/2020) (Entered: 05/29/2020)

1 Declaration Authenticating Declaration of Alison Pennington

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2 Exhibit Redacted Version of Exhibit A

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3 Exhibit Redacted Version of Exhibit B

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4 Exhibit Redacted Version of Exhibit C

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May 29, 2020

May 29, 2020

PACER
82

MANDATE of USCA as to 43 Notice of Appeal, filed by David O. Livingston, James McHenry, Kirstjen Nielsen, Kristi Butterfield, MaryBeth Keller, David W. Jennings, Jefferson B. Sessions, III "The judgment of this Court, entered April 07, 2020, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure." (msrS, COURT STAFF) (Filed on 6/1/2020) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
83

CLERK'S NOTICE REGARDING JUNE 18, 2020 MOTION HEARING. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/The hearing on Plaintiffs' Motion to Enforce ( 75 ) will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1605872885?pwd=KzJ6UEc1UFhMekFEWEJXRDVyYnpldz09Meeting ID: 160 587 2885Password: 448660Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (a hm, COURT STAFF) (Filed on 6/15/2020) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

~Util - Teleconference Zoom AND Clerk's Notice

June 15, 2020

June 15, 2020

PACER
84

Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Motion Hearing held via Zoom Webinar on 6/18/2020 re 75 Second Motion Enforce and Amend filed by Eduardo Gutierrez Sanchez, Esteban Aleman Gonzalez. The motion was argued, submitted, and taken under submission. (Court Reporter: Katherine Sullivan) (Time 00:52) Attorneys for Plaintiffs: Marc VanDerHout and Alison Pennington.Attorney for Defendants: Matthew Seamon. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 6/18/2020) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Motion Hearing

June 18, 2020

June 18, 2020

PACER
85

ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 75 Plaintiffs' Motion to Enforce the March 2019 Order and Amend the June 2018 Order. (ahm, COURT STAFF) (Filed on 6/19/2020) (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

RECAP
86

TRANSCRIPT ORDER for proceedings held on 06/18/2020 before Magistrate Judge Jacqueline Scott Corley by Esteban Aleman Gonzalez, Eduardo Gutierrez Sanchez, for Court Reporter Katherine Sullivan. (Talla, Vasudha) (Filed on 6/25/2020) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
87

TRANSCRIPT ORDER for proceedings held on 6/18/20 before Magistrate Judge Jacqueline Scott Corley by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III, for Court Reporter Katherine Sullivan. (Alsterberg, Cara) (Filed on 6/26/2020) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
88

Transcript of Proceedings held on 6/18/2020, before Judge Jacqueline Scott Corley. Court Reporter Katherine Powell Sullivan, Katherine_Sullivan@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 10/6/2020. (Sullivan, Katherine) (Filed on 7/8/2020) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
89

US Supreme Court Case Number 20-322. The petition for a writ of certiorari was filed 9/4/2020 and placed on the docket 9/11/2020, as No. 20-322 for 43 Notice of Appeal, filed by David O. Livingston, James McHenry, Kirstjen Nielsen, Kristi Butterfield, MaryBeth Keller, David W. Jennings, Jefferson B. Sessions, III. (msrS, COURT STAFF) (Filed on 9/11/2020) (Entered: 09/17/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
90

NOTICE of Change In Counsel by Jesse Mica Newmark (Newmark, Jesse) (Filed on 12/11/2020) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
91

ORDER of United States Supreme Court "The petition for a writ of certiorari is granted." (msrS, COURT STAFF) (Filed on 8/23/2021) (Entered: 08/26/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER
92

STIPULATION WITH PROPOSED ORDER (re Dismissal of Defendants Butterfield and Livingston) filed by Kristi Butterfield, David W. Jennings, MaryBeth Keller, David O. Livingston, James McHenry, Kirstjen Nielsen, Jefferson B. Sessions, III. (Attachments: # 1 Proposed Order)(Seamon, Matthew) (Filed on 11/16/2021) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
93

ORDER by Magistrate Judge Jacqueline Scott Corley granting 92 Stipulation of Dismissal as to Defendants Butterfield and Livingston. (ahm, COURT STAFF) (Filed on 11/17/2021) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Post-WalMart decisions on class certification

Key Dates

Filing Date: May 27, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All individuals who are detained pursuant to 8 U.S.C. § 1231(a)(6) in the Ninth Circuit by, or pursuant to the authority of, U.S. Immigration and Customs Enforcement (“ICE”), and who have reached or will reach six months in detention, and have been or will be denied a prolonged detention bond hearing before an Immigration Judge

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Legal Services/Legal Aid

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Customs Enforcement (San Francisco), Federal

Department of Justice, Federal

Department of Homeland Security, Federal

Contra Costa County (Contra Costa), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

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

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

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Type of Facility:

Government-run

Non-government for profit

Immigration/Border:

Deportation - judicial review

Detention - criteria

Detention - procedures